What Is Article 371? Congress President Mallikarjun Kharge's Fumble That Fumed Amit Shah

What Is Article 371? Congress President Mallikarjun Kharge's Fumble That Fumed Amit Shah

In response to criticism from Shah and other BJP leaders, Congress leader Jairam Ramesh defended Congress president, stating that Kharge made a "slip of the tongue" and "clearly meant Article 370".

Rahul MUpdated: Sunday, April 07, 2024, 02:03 PM IST
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Congress president Mallikarjun Kharge's slip of the tongue sparked a sharp reaction from BJP leaders on Saturday. Union Minister Amit Shah wasted no time in criticising Congress after Kharge, during a public rally in Jaipur, mistakenly claimed that the BJP takes credit for removing Article 371. Following Kharge's error, Amit Shah launched a scathing attack on the Congress party and Kharge.

Shah shared a clip of his speech on social media, stating, "For the Congress's information, it was not Article 371 but Article 370 that was abrogated by the Modi government. However, such horrendous mistakes are expected of the Congress. Such blunders made by them have haunted our nation for decades now."

In response to criticism from Shah and other BJP leaders, Congress leader Jairam Ramesh defended Congress president, stating that Kharge made a "slip of the tongue" and "clearly meant Article 370".

What is Article 371

In Part XXI of Constition, Articles from 369-392 deal with the ‘Temporary, Transitional and Special Provisions’ with respect to different states.

Articles 369 through 392 (including some that have been removed) appear in Part XXI of the Constitution, titled ‘Temporary, Transitional and Special Provisions’. Article 370 pertains to "Temporary Provisions with respect to the State of Jammu and Kashmir," while Articles 371, 371A, 371B, 371C, 371D, 371E, 371F, 371G, 371H, and 371J outline special provisions for another state (or states).

Article 371, Maharashtra and Gujarat: The governor holds a "special responsibility" to set up "separate development boards" for "Vidarbha, Marathwada, and the remaining parts of Maharashtra", as well as for Saurashtra and Kutch in Gujarat. Additionally, the governor must ensure "fair allocation of funds for developmental expenditure in these regions" and "fair arrangements to provide sufficient facilities for technical education and vocational training, along with ample employment opportunities" under the state government.

Article 371A, Nagaland: This provision was added following a 16-point agreement between the Central government and the Naga People’s Convention in 1960, resulting in the establishment of Nagaland in 1963. Parliament is prohibited from making laws regarding Naga religious or social customs, Naga customary law and legal procedures, the administration of civil and criminal justice based on Naga customary law, and the ownership and transfer of land without the consent of the state Assembly.

Article 371B, Assam: The President has the authority to establish and define the duties of a committee within the Assembly comprised of members elected from the tribal regions of the state.

Article 371C, Manipur: The President has the authority to establish a committee within the Assembly comprised of elected members from the Hill areas and assign a "special responsibility" to the Governor to ensure its effective operation.

Article 371D, Andhra Pradesh and Telangana:The President has the authority to issue an order concerning the State of Andhra Pradesh, considering the overall needs of the state, to ensure fair opportunities and resources for individuals from various regions of the state in terms of public employment and education. Different arrangements may be established for different regions of the state.

Article 371E: Parliament may by law provide for the establishment of a University in the State of Andhra Pradesh.

Article 371F (36th Amendment Act, 1975), Sikkim: The representative of the State of Sikkim in the House of the People in existence on the appointed day shall be elected by the members of the Legislative Assembly of the State of Sikkim. Parliament may, for the purpose of protecting the rights and interests of the different sections of the population of Sikkim make provision for the number of seats in the Legislative Assembly of the State of Sikkim which may be filled by candidates belonging to such sections and for the delimitation of the assembly constituencies from which candidates belonging to such sections alone may stand for election to the Legislative Assembly of the State of Sikkim.

Article 371G, Mizoram: Article prohibits Parliament from making laws on “religious or social practices of the Mizos, Mizo customary law and procedure, administration of civil and criminal justice involving decisions according to Mizo customary law, ownership and transfer of land… unless the Assembly… so decides”.

Article 371H, Arunachal Pradesh: The Governor has special responsibility with respect to law and order in the State of Arunachal Pradesh and in the discharge of his functions in relation thereto, the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken.

Article 371I addresses Goa, yet it does not contain any provisions that can be considered 'special'

Article 371J, Karnataka: Provision for establishment of a separate development board for Hyderabad-Karnataka region with the provision that a report on the working of the board will be placed each year before the State Legislative Assembly. Equitable allocation of funds for developmental expenditure over the said region, subject to the requirements of the State as a whole; and equitable opportunities and facilities for the people belonging to the said region, in matters of public employment, education and vocational training, subject to the requirements of the State as a whole.

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