Wednesday, 22 January 2020

CONSTITUTIONAL CONCESSIONS AND PROTECTIONS TO SPECIFIC GROUPS IN INDIA

            Despite separation of powers, the increasing judicial intervention on the actions of executive and legislature shows the power driven politics and breakdown of democratic consensus. The overburden judiciary, delays and large number of pending cases in the courts are serious concerns of the Constitutional values and democracy. 
            There are some concessions and protections to certain States and social groups under the Constitution.
·       Under Article 370 Special Status given to Jammu and Kashmir was one of the conditions for joining into India by the former Princely State after partition of British India. Article 370 was not only removed in 2019 but the State was reduced into two Union Territories of Jammu and Kashmir and Ladak.

·       The Acts of Parliament will not apply to Nagaland under Article 371 A and Mizoram under Article 371G on religious or social practices, customary law, ownership and transfer of land and its resources in the two States unless their Legislative Assemblies decide

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·       Article 371 C recognises the division of Manipur into hills and valley by providing constitution of a Hill Areas Committee in State Assembly elected from the hill areas.
·       Special provision to Sikkim is under Article 371 F and for Arunachal Pradesh under Article 371 H. Fifth Schedule of the Constitution provides separate administration of STs including Tribes Advisory Council with Governor having responsibility to report to President in the tribal areas in India other than North East States.

·       The Sixth Schedule provides separate administration and establishment of District Councils and Regional Councils in the tribal areas of Assam, Meghalaya, Tripura and Mizoram. The Governors in these States have the responsibility to run the administration including permission to apply the Acts of Parliament and State Assemblies in the Sixth Schedule areas.Under Sixth Schedule the additional powers have been given to the Bodoland Territorial Council in Assam since 2003 to make laws in various matters and with special powers to Governor and President. Bodoland Territorial Council is like a mini State within the State of Assam having powers on agriculture, cultural affairs, education upto college level, forests, intoxicating liquors, land and revenue, PWD, transport, tourism etc.       

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·       Under the Articles 14, 15 and 16 in Part III, the State is given the power to put the reasonable restriction on the fundamental rights of the citizens in the interests and for the advancement of the birth based social categories like Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCS). For SCs and STs the reservations are provided in admissions to educational institutions, government jobs, seats in Lok Sabha, State Legislative Assemblies, panchayates and municipalities under the Constitution. In the case of Scheduled Tribes the additional privileges and concessions include protection of land under Article 19(5) and no income tax payments irrespective of high or low income. Therefore it is not surprising that demands for ST status are increasing in North East and other parts of India. In case of OBCs the reservation is confined to admissions to educational institutions and government jobs. For OBCs it is on income basis as to the creamy layers among the OBCs are excluded. It is the Constitution and laws which protect and provide concessions to different social categories including STs. The protections and concessions are not by the traditional tribal chiefs or ethnic based groups in the hill/tribal areas of India including North East.

·       The rising inequalities in income among the individuals and regional disparities in the development process are factors causing prejudices and conflicts among the social groups. In fact new demands for concessions and protections under the Constitution have been increased. These include new reservations, Scheduled Tribe (ST) status, Inner Line Permit System (ILPS) and ethnic/group based political and administrative arrangements.

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