Abstract –
Whereas Article 370, that restricted purchase and inheritance of property to permanent residents[1], was scrapped for J&K, similar provisions are also provided in Article 371 for many states in Constitution. Article 371A bars anyone who isn’t a resident from acquiring land in Nagaland, which can solely be bought by specific social group who are residents of the Nagaland. Article 371F bequeaths on Sikkim government the possession of all land within the jurisdiction, even though if it had been owned by non- public individuals before the state’s merger[2] with ours. A similar Constitutional provision commands a four-year tenure for the state assembly of Sikkim, even though assembly elections within the state have profaned that clause as they need been command once five years. Moreover, Article 371F states that “neither the Supreme Court nor alternative [other court] shall have jurisdiction in respect of any dispute or other matter arising out of any, agreement, engagement, treaty or different similar instrument about Sikkim”. However, a particular condition permits the President[3] to step in if the requirement arises associated with constitutional law. Each Article 371A and Article 371G limit the Parliament’s authority to enact any law that interferes with specific social religious laws particularly tribal laws, customs, as well as their justice system. These provisions are alike to provisions in article 370 ,however one article is abrogated citing slogans like One Country ,One Law[4] and Sovereignty of nation but continuation of comparable article forced us to ponder why government and authorities are taking approaches which are very different to each other and what are their argument to back their stance and of course this research work will also try ponder politics behind it. The safety scenario in some of the north-eastern states has remained concerned for a long time attributable to variety of militant outfits and their various demands. Manipur, Nagaland and Assam have unceasingly been some extent of worry. Tripura and Mizoram have shown exceptional success in fixing insurgency and currently they are mostly peaceful for quite very long time. Government has signed ceasefire and cease of counter Operations with most of the insurgent armies within the region. Government has steady pursued the policy of talk and negotiations with any outfit that agrees to leave the trail of violence and are available forward for peace-talks within the limit of constitutional framework of India. In general, the safety scenario in most of the north-eastern states has shown good improvement throughout the last five years. Naga Peace Accord is result of such negotiations and talks that goes well into geo-political condition of North-East and hopefully can bring development n peace to the region.
Keywords: Treaty, Enact, Provision, Sovereignty, Transitional, Convention, Customary, Amendments, Obligatory, Abrogate, ILP, CAA, Entrust, Accord, Insurgency, AFSPA- “Armed.
OBJECTIVE
To know what Article 371, of Indian Constitution is; which areas of our country falls under it, what are special powers it provides to them and how it is different of article 370 and finally why it is still continuing while article 370[5] is repealed despite being similar to each other. This research work also tends to explore reasons for insurgencies and conflict in North-East and how decades long effort of Indian government yielding peace as evident from Naga Peace Accord and ongoing peace talks between other rebel groups and Indian government.
HYPOTHESIS
There should not be a two different approach towards Articles of similar nature. Article 371 also provide special provisions to areas under it as Article 370 specially 371A and 371G. However geo-political condition of North-East is quite different from other parts of country as its geographical terrain and longstanding conflicts and ongoing insurgencies has done adverse effect on development of region.
WHAT IS ARTICLE 371 OF INDIAN CONSTITUTION
Article 371 of the Constitution includes “special provisions” for eleven states, as well as six other states of the Northeast. Articles 370 and 371 were part of the Constitution of India at the time of its commencement on January 26, 1950; Articles 371A through 371J were incorporated afterwards.
“Articles 369 to 392 appear in Part XXI of the Constitution, titled ‘Temporary, Transitional and Special Provisions’.”
- ARTICLE 371, MAHARASHTRA AND GUJARAT –
Governor has “special responsibility” to determine “separate development boards” for “Marathwada, Vidarbha, and the remaining of Maharashtra”, and Saurashtra and Kutch in state of Gujarat; guarantee “equitable arrangement of funds for developmental expenditure over the aforementioned areas”, and “equitable arrangement providing adequate facilities for technical education and vocational education, and adequate opportunities for employment” under the state regime.
- ARTICLE 371A (13TH AMENDMENT ACT, 1962), NAGALAND –
Inserted after a “16-point agreement between the Centre and the Naga People’s Convention in 1960, which led to the creation of Nagaland[6] in 1963”.
Article 371(A) states that “No act of Parliament shall apply to the State of Nagaland in respect of the religious or social practices of the Nagas, its customary law and procedure, administration of civil and criminal justice involving decisions in line with Naga customary law and possession and transfer of land and its resources.”
It shall apply to Nagaland solely when the State Assembly passes a resolution to do so, it says.
- ARTICLE 371B (22ND AMENDMENT ACT, 1969), ASSAM –
Article 371B deals with special provision with relevancy the State of Assam. The President could offer for the constitution and functions of a committee of the Assembly consisting of members elected from the state’s specific social group areas.
- ARTICLE 371C (27TH AMENDMENT ACT, 1971), MANIPUR –
Article 371C deals with special provisions with relevancy Manipur that became a State in 1972. The President could offer for the constitution of a committee of elected members from the Hill areas within the Assembly, and entrust “special responsibility” to the Governor to confirm its correct functioning.
- “ARTICLE 371D (32ND AMENDMENT ACT, 1973; SUBSTITUTED BY THE ANDHRA PRADESH REORGANISATION ACT, 2014), ANDHRA PRADESH AND TELANGANA” –
President should guarantee “equitable opportunities and facilities” in “public employment and education to folks from completely different areas of the state”. He could require the state regime to organize “any category or categories of posts into civil service of, or any class or classes of civil posts under, the State into different native cadres for different areas of the State”. He has similar powers for admissions in academic establishments.
- ARTICLE 371E –
Allows for the establishment of a university in Andhra Pradesh by a law of Parliament. However, this is not a “special provision” within the sense of the others in this part.
- “ARTICLE 371F (36TH AMENDMENT ACT, 1975), SIKKIM” –
It states that the Legislative Assembly shall include at least thirty members. So as to safeguard the rights and interests of the various sections of the population within the state of Sikkim, seats in the assembly are provided to folks of those different sections.[7]
- “ARTICLE 371G (53RD AMENDMENT ACT, 1986), MIZORAM” –
The Legislative Assembly of the state of Mizoram should consist of not less than 40 members. Additionally, following a similar provision as Nagaland, an act of Parliament wouldn’t apply to Mizoram in matters about religious or social practices of Mizo, Mizo customary law and procedure, administration of civil or criminal justice involving decisions in line with Mizo customary law, possession and transfer of land and its resources.
- “ARTICLE 371H (55TH AMENDMENT ACT, 1986), ARUNACHAL PRADESH” –
The Governor encompasses a special responsibility with respect to law and order, and “he shall, after consulting the Council of Ministers, exercise his individual judgment on the action to be taken”.
The Legislative Assembly of the state of Mizoram must include of not less than 30 members.
- ARTICLE 371I –
It deals with Goa; however, it doesn’t include any provision which can be deemed ‘special’.
The Legislative Assembly of the state of Goa should include of not less than 30 members.
- “ARTICLE 371J (98TH AMENDMENT ACT, 2012), KARNATAKA” –
Article 371J grants special standing to 6 backward districts of Hyderabad-Karnataka region.
The special provision requires that a separate development board be established for these regions similar to state of Maharashtra and Gujarat.
There shall be “equitable allocation of funds for developmental expenditure over the aforementioned region”, and “equitable opportunities and facilities” for citizens of these region in government jobs and education.
A proportion of seats in educational establishments and state government jobs within Hyderabad-Karnataka should be reserved for individuals from that region.
SIGNIFICANCE
All these provisions take into consideration the special circumstances of individual states, and lay down a large range of specific measures that are deemed important for these states.
In these range of Articles from 371 to 371J, Article 371I, that deals with Goa, stands out at the sense that it doesn’t consist of any provision that can be deemed “special”.
Article 371E, which deals with Andhra Pradesh and Telangana, too, isn’t that “special”.
INNER LINE PERMIT
Inner Line Permit (ILP) is an official travel document issued by the involved regime to permit inward travel of Indian people into a protected area for a limited period. It’s obligatory for Indian persons from outside these states to get a permit for entering into the protected state.
The document is an attempt by the regime to control movement to specific areas set close to the international border of India. Despite the actual fact that the ILP was originally created by the Brits[8] to safeguard their business interests, it continues to be employed in India, formally to safeguard indigenous communities’ cultures in North-Eastern India.
There are completely different types of ILP’s, one for tourists and others for those who wish to stay for long run periods, often for employment functions.
ILP’s valid for tourism functions are granted as a matter of routine
MIZORAM – Issued by the Government of Mizoram. It is needed for getting into Mizoram through any of the check gates across the inter-state borders. Typically, a “Temporary ILP” is issued to guests, that is valid for seven days and may be extended another fifteen days, with the chance of extending it to one month in exceptional conditions. However, with the support of a native resident or government department, a “Regular ILP” may be obtained, that is valid for six months and may be renewed twice for additional 6 months each. If arriving by air, an ILP can be obtained on arrival at Lengpui Airfield in Aizaw.
NAGALAND – Here ILP are issued by the Government of Nagaland.
MANIPUR – The bill to implement ILP within Manipur was introduced in 2018, by the Government of Manipur. The bill didn’t get passed since it couldn’t get the President’s nod. However, the inclusion of Manipur in Inner Line Permit is also announced on December 10, 2019 after anti CAA agitation[9] in North-Eastern India.
An ILP was also earlier required for certain areas of the Leh district in Ladakh. This condition was abolished by a circular issued by district magistrate that took effect from May1; 2014 though foreign nationals are needed to get Protected Area Permit for this part. However, the ILP was enforced again in Leh in 2017. There are progressed demands for the introduction of ILP in Assam, Meghalaya, and Andaman and Nicobar Islands to control entry of outsiders into the state.
ARUNACHAL PRADESH – here issued by the secretary (political) of Arunachal Pradesh. ILP is required for getting into Arunachal Pradesh through any of the check gates across the interstate border with Nagaland or Assam. An ILP for temporary tourists is valid for seven days and can be extended, whereas one for those taking employment within the state and their immediate members of the family is valid for a year. The Arunachal Pradesh government is going to implement a permit-on-arrival system.
INSURGENCIES IN NORTH-EAST
Tripura, Nagaland, Manipur, and Assam had been witnessing conflict since 1950-60 period, however since 1990, the intensity of conflicts began to decrease. Currently the sole state wherever large insurgency exist is Manipur. However, in this region many armed factions operate. Some fight for a separate state, others for regional autonomy whereas some extremist demand complete independence.
North-Eastern part of India is the region located within the most eastern part of India consist of the eight states of Manipur, Arunachal Pradesh, Assam, Meghalaya, Mizoram, Nagaland, Tripura and Sikkim.
North East is connected with Indian mainland by the 21 km. wide Siliguri Corridor, that is usually referred as the chicken neck, formed by the Radcliffe line[10]. The passageway is flanked by countries Nepal, Bhutan, and Bangladesh.
The North-eastern borders on four countries, namely, Bhutan and China on its North; Myanmar on its East; and Bangladesh on its South and West. It a region of 2.6 lakh sq. km. (7.6% of India’s land area) whereas its population is thirty-nine million plus (3.6% of India’s population). It has 475 ethnic social groups and 400 dialects or languages are spoken here.
REASONS FOR CONFLICT IN NORTH -EASTERN INDIA
North-Eastern India represents a state of stable lawlessness where the rule of law and different establishments of governance are subverted directly or through covert ways to fulfil personal or partisan ends of the extremists.
REGIONAL ISSUES
The inter-tribal conflicts, the unemployment and the inability to contend with non-tribal businesses, outlaw migration from close States and countries resulting in the competition of resources and land have led to various conflicts and demands of autonomy or secession.
NATIONAL ISSUES
The broad racial variations between India and its North-Eastern area and the loose geographical connect the chicken neck Siliguri Corridor resulted into a feeling of alienation, a sense of ‘otherness’ which afterward gave rise to a political culture of violent separatism.
ETHNIC TENSIONS
Northeast is home to over fifty ethnic rebel armies – a number of demanding complete independence from India, others fighting for ethnic identities associated with homelands and few running the rising as a business to garner easy money without any ideology or politics.
Extremist in their starting years voiced real grievances of the citizens such as “poor governance, alienation, lack of development and an apathetic attitude from the central government”. But with time and opportunist motives, these have taken forms of insurgencies across the whole area.
INSURGENT GROUPS IN NORTH EAST INDIA
MANIPUR – Peoples Liberation Army, PREPAK
ASSAM – ULFA, NDFB, KLNLF, UPDS
TRIPURA – National Liberation Front of Tripura, All Tripura Tiger Force
MEGHALAYA – ANVC, HNLC
NAGALAND – NSCN-IM, NSCN-K
BORDER PROBLEMS
The international borders in the North-Eastern part of India are extremely porous. Thus, cross border infiltration of militants, and smuggling of arms are unchecked within the area.
China has different claim for border in Arunachal Pradesh. On the westernmost corner, Chinese claim line are 20 kms south and in the East most part of Arunachal Pradesh it is 30 km South.
International borders in the North East haven’t crystallized[11] into lines separating sovereign nations on the ground.
POLITICAL ISSUES
It’s necessary to know the culture and psyche of the citizens of North East while making alternative policies.
The perceived threat to the political identity of the Assamese citizens from the illegal migrants from Islamic Republic of Bangladesh[12] lies at the centre of the Assam problem. The native people of Assam sense that in near future the illegal migrants can become the bulk population and they will lose political power in the state.
The ceasefire agreements and peace negotiations have benefited in reducing the violence levels and given the civil societies of the region an area to speak.
One of the ways to restrict insurgency within the region is to delegate powers to the ethnic minorities through the Autonomous District Councils[13] in order they can foresee their own development work.
The implementation of 6th Schedule in Assam has not benefited the social communities of the state. Following the 73rd and 74th amendments, the Central and state governments are providing immense amounts of monetary resources to the Panchayati Raj Institutions and municipalities. Since, the scheduled areas do not fall under the view of the PRI and municipalities, they do not receive any amount from these funds and as a result they lag behind.
RECENT DEVELOPMENT ABOUT NORTH EAST INDIA
INSURGENCY & CEASEFIRE
The core of insurgency that is popular support is drying up in the region. Insurgency is active solely in Manipur. There are around fifty insurgent groups there.
Ceasefire and Suspension of Operations with militants permit them to relishes in extortion and kidnapping, that facilitate them in maintaining their clout over the people of the area.
There exist deep ties between all the insurgent groups in the Northeast. The CPI Maoist is also in touch with the North east insurgents primarily to get weapons. Arms were sold by the United Liberation Force of Assam (ULFA)[14] to the CPI Maoist in Paschim Bengal.
The biggest challenge to the North East is extortion dispensed by numerous insurgent groups. Extortion has become organized activity in the region and is one of the key sources of funds for the militants of the area.
The lifting of the AFSPA[15] from all parts of Meghalaya on 31st March 2018 is an illustration of the huge improving security condition in the region. In Arunachal Pradesh also, areas under AFSPA have been reduced from sixteen outpost areas bordering Assam to eight out posts, along Changlang and Longding and Tirap districts.
PEACE TALKS
Talks with the MNF[16] was the sole example of the fruitful or successful peace process that ended militancy in Mizoram in 1986 till Naga Accord.
Other peace accords such as the Shillong Accord in 1975 with the N.N.C. in Nagaland, the 1988 agreement with the Tripura National Volunteers in Tripura and The Bodoland Autonomous Council agreement of 1993 with the Bodo militants[17] in Assam are also in effect, however with limited success.
Union government has in progress ceasefire agreements with six militant groups with different actors like NSCN (IM), UPDS, Achik National Volunteer Council etc.
NAGA PEACE ACCORD
“The 3 August peace deal between National Socialist Council of Nagalim (Isak-Muivah) and Government of India could be a harbinger of peace in the strife-torn North-East. The agreement was signed between Thuingaleng Muivah, the present General Secretary of NSCN (IM) and the Prime Minister Narendra Modi. The ‘framework agreement’ is a progressive step in the right direction which will initiate dialogue within the broad four walls of the Indian Constitution.”
The above deal comes within the background of deadly attack in Manipur, that claimed lives of eighteen army men. The attack is assumed to have been carried out by the National Socialist Council of Nagaland’s SS Khaplang-led faction (NSCN-K), operational from bases across the border in Myanmar. Government acted fleetly by launching a military operation across the Indo-Myanmar border to punish the terrorists which forced NSCN [18]faction of the Indian side to come on the table.
The Peace deal goes well with the internal security dimension of the North-East India given its geo-political position as being bordered by four countries China, Myanmar, Bangladesh and Bhutan. North-East is connected with the Indian region through the 21 km wide Siliguri Corridor, usually known as the chicken neck. With the decrease in armed insurgency, development work is often carried with greater pace which will help in the integration of North-East with the Indian mainland. North-East encompasses tremendous economic potential which has remained unexplored till. It could emerge as the cradle of tourism and organic farming. With greater normalcy security forces concerned in internal security can be moved to border areas for its optimum use.
BROAD POINTS OF PEACE ACCORD
“The details of accord are not out but it is believed that the aspirations of Nagas will be addressed within the framework of Indian Constitution.
- Cultural integration of Nagas living in states aside from Nagaland will be expedited through special measures.
- It would also provide for the monetary and administrative autonomy of the Naga-dominated areas in different states.
- Government is willing to contemplate delegation of more powers to Nagaland legislature under article 371 A that is already effective”
NAGA INSURGENT DEMAND OVER THE YEARS
The Naga movement has been declarative of a distinct ethnic identity and demanding an independent homeland or country.
The NSCN was shaped within the aftermath of the Shillong Accord of 1975, signed between the government of India and the Naga National Council. The NSCN had started life demanding the creation of “Greater Nagaland” or “Nagalim”. This would be a sovereign Naga territory, wedged between India and Myanmar. It might include the Naga-dominated areas of Manipur, Assam and Arunachal Pradesh, and parts of Myanmar.
The NSCN-IM, which had given up its original demand of sovereignty a few years past, has been asking for integration of Naga inhabited areas in Assam, Manipur and Arunachal Pradesh.
PAST ACCORDS
“In North-Eastern India many insurgent groups are active for many years and have been demanding independent and autonomous states based on ethnicity. In past also many peace accords have been signed however they’d not translated into the desired result thanks to rigid postures of the most parties.
- In 1964, a Nagaland Peace Mission was formed which signed a ceasefire with A.Z. Phizo, solely to last till 1968.
- In 1975, the Shillong Accord[19] was signed in that the Naga National Council agreed to give up arms and accept the Indian Constitution.
Muivah and Swu, who were then NNC members, revolted on the Naga sovereignty demand and went on to create the National Socialist Council of Nagaland in 1980 with S. S. Khaplang. In 1988, the NSCN split due to leadership differences, into the NSCN (IM) and the NSCN (K).
The NSCN (I-M) have signed a ceasefire agreement with the government till April 27, 2016”.
NAGA PEACE ACCORD EFFECT ON NORTH-EAST INSURGENCY
The latest agreement has been signed with NSCN (IM) solely and its different faction is not on board like the NSCN (Khaplang), the NSCN (Konyak-Kitovi). The Naga Hoho (tribal council), Naga National Council (NNC), Naga student Federation (NSF) and Naga Mother Association are other different prominent players that acts independent of the NSCN (I-M) has not supported the latter’s leadership of the Naga cause yet.
There are various stakeholders in the Naga peace process and any talk to be successful must accommodate the interests of all these parties. Government through proper consultation should attempt to bring them on board. Before arriving at any solution Indian govt. has to take different North-East states into confidence.
The above peace accord if fructified will inspire different insurgents’ groups to come on the table and to have a talk for real grievances like the ULFA and Democratic Front of Bodoland, etc.
POLITICS BEHIND ABROGATION OF ARTICLE 370 AND FOR PROTECTING SIMILAR ARTICLE 371
“Even after repealing article 370 provisions which gave special rights to Jammu and Kashmir; Government of India at the same time swearing by the same Constitution, guaranteeing the people of Nagaland, seeking an independent and sovereign Nagaland, that Article 371A similar to Article 370, which guarantees similar special status to the people of Nagaland, will not be scrapped in the same manner as 370”.
“Naga Hoho the highest tribal body of Nagas in Nagaland had expressed concern over government’s move to scrap Article 370. Naga Hoho president Chuba Ozukum had said, “We have apprehension that if the Government of India can scrap 370 in Jammu and Kashmir, it can remove 371(A) in Nagaland.” There were similar protests and apprehensions expressed by the leaders of North East hilly states like Manipur and Tripura but of that later.”
However, Governor Ravi[20] went public giving assurances, swearing by the Constitution. He said, “Dear brothers, sisters and children of Nagaland. Some people have expressed apprehensions over the implications of development in Jammu & Kashmir on Nagaland. I would like to categorically assure you all that you don’t have to worry at all. Art 371A is a solemn commitment to the People of Nagaland. It is a sacred commitment. We are trying hard to conclude the on-going political process at a very advanced stage”
CONCLUSION
As evident from the research work, we can conclude that Article 371 is more or less similar to article 370. “As a part of Chapter XXI of the Constitution of India, Article 371 grants temporary, transition and special provisions to eleven States – Karnataka, Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, and Goa. The concept was to fulfil the distinctive desires of these States or regions of these States, shield the economic and cultural interests of these regions, combat the local challenges and protect the customary laws in this region”
The intention behind the provisions of Article 371 is to safeguard the interest and aspirations of certain backward regions or to protect cultural and economic interests of the tribal people or to deal with the disturbed law and order in some areas. This article provides special powers to the Governors of Gujarat and Maharashtra to form independent development boards for Vidarbha, Marathwada, Saurashtra, Kutch and for the rest of Gujarat and Maharashtra.
But, “we can also see that it incited or inspired the secessionist forces of these States who were granted the special provisions. As evident from Insurgency in North East India Nagaland, Manipur, Assam and Tripura had been witnessing conflict since 1950-60 period, but since 1990, the intensity of conflicts started to decrease. Now the only state where prominent insurgency exist is Manipur.”
Moreover, under Article 371 non-residents are still not allowed to buy agriculture land in Himachal Pradesh.
Both Article 371A and Article 371G limit the Parliament’s authority to enact any law that interferes with tribal religious laws, customs, including their justice system which in a way is challenge to Sovereignty of country.
Despite the fact the article 371 A and 371G is very similar to article 370 still one is abrogated and other is protected has deep political roots in it which is quite evident from Naga Accord. In which there are speculations the Centre will create two autonomous councils, one each in Arunachal Pradesh and Manipur, as a part of the final Naga accord.
REFERENCES
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[1] “Permanent resident is a person who can live indefinitely in a state but don’t have full citizen rights”.
[2] “Initially, Sikkim remained an independent country, until it merged with India in 1975 after a decisive referendum.”
[3] “President can exercise his power to extend any enactment in Sikkim, which is in force in any other state of India”.
[4] “It is a political slogan given by Dr. Syama Prasad Mukherjee founder of Bhartiya Jana Sangh, the predecessor to the Bhartiya Janata Party.
[5] “On 7th August 2019, President Ram Nath Kovind declared abrogation of Article 370 of the Indian constitution after the resolution to revoke the article was passed by both the houses of the parliament (Rajya Sabha & Lok Sabha)”.
[6] “Earlier Naga Hills Tuensang Area (NHTA) created in 1957 was converted into the State of Nagaland in 1962 as the 16 State of the India Union. The territorial jurisdiction of the state comprised of a part of the erstwhile Naga Hills district of Assam and the then Naga tribal area of Tuensang Div of (NEFA).”
[7] “Sikkim has 12 seats for the Bhutia-Lepcha (BL), 1 seat for the Sangha and two seats reserved for the Scheduled Castes (SC) in the 32- member assembly”.
[8] “The Inner Line Permit concept comes from the colonial area. Under the Bengal Eastern Frontier Regulation Act, 1873, the British framed regulations restricting the entry and regulating the stay of outsiders in designated areas”.
[9] “The Act seeks to amend the definition of illegal immigrant for Hindu, Sikh, Parsi, Buddhist and Christian immigrants from Pakistan, Afghanistan and Bangladesh, who have lived in India without documentation. They will be granted fast track Indian citizenship in six years. So far 12 years of residence has been the standard eligibility requirement for naturalization”.
[10] “The Radcliffe Line was the boundary demarcation line between the Indian and Pakistani portions of the Punjab and Bengal provinces (now Bangladesh) of British India. It was named after its architect, Sir Cyril Radcliffe.”
[11] “No markings along the 58km Indo-Bangladesh riverine international border in Dhubri district is creating hurdles in tackling the illegal immigration.”
[12] “Illegal immigration from Bangladesh to India, which includes both refugees and economic migrants, continues unabated. An analysis of population growth and demographic statistics for Bangladesh and India in the last four censuses of 2011, 2001, 1991, and 1981, however, suggests with reasonable certainty that their number exceeds 20 million.”
[13] “Under the provisions of the Sixth Schedule of the Constitution of India, autonomous district councils can make laws, rules and regulations”.
[14] “The United Liberation Front of Assam (ULFA) is a designated revolutionary rebel organization operating in the Indian state of Assam. It seeks to establish an independent state of Assam with armed struggle in the Assam conflict. The Government of India banned the organization in 1990 citing it as a terrorist organization, while the United States Department of State lists it under “other groups of concern.”
[15] “Armed Forces Special Powers Act (AFSPA), 1958 is an act of the Parliament of India that grant special powers to the Indian Armed Forces” the power to maintain public order in “disturbed areas”.
[16] “Mizo National Front uprising was a revolt against the Government of India, aimed at establishing a sovereign state for the Mezzos. On 1 March 1966, the Mizo National Front (MNF) made a declaration of independence, after launching coordinated attacks on the Government offices and security forces post in different parts of the Mizo district in Assam.”
[17] “The National Democratic Front of Bodoland (NDFB) was an armed separatist outfit which seeks to obtain a sovereign Bodoland for the Bodo people It is designated as a terrorist organization by the Government of India”.
[18] “The National Socialist Council of Nagaland (abbreviated NSCN) is a Naga nationalist separatist group operating mainly in Northeast India, with minor activities in northwest Myanmar (Burma). The main goal of the organization is to establish a sovereign Naga state”.
[19] “The Shillong Accord of 1975 was an agreement signed between the Government of India, and Nagaland’s underground government, or Naga guerrillas, to accept the supremacy of Constitution of India without condition, surrender their arms and renounce their demand for the secession of Nagaland from India.”
[20] “R.N Ravi has retired as a special director of the Intelligence Bureau in 2012. He was appointed as a chairperson of the Joint Intelligence Committee in 2014 for three years. He was the Centre’s interlocutor in 2015 when the government signed a framework agreement for a settlement of the Naga question with the National Socialist Council of Nagaland (Isaac-Muivah), the largest of the Naga armed groups. His appointment as Governor of Nagaland has special purpose of speeding up implementation of Naga Peace Accord.”
Authored By: NRIPENDRA PANDEY
Student of Law, Amity Law School, Noida, Amity University Uttar Pradesh
Disclaimer: This article has been published in Legal Desire International Journal on Law, ISSN 2347-3525 , Issue 22, Vol 7