ARTICLE 371A

June 29, 2020

In a letter to Chief Minister Neiphiu Rio, Nagaland Governor R.N. Ravi has said the constitutionally established State government was being challenged on a day-to-day basis by armed gangs who question the integrity and sovereignty of the nation.

About:

  • The Governor said he could no longer abstain from constitutional obligations and proposed that under Article 371A (1) (b) of the Constitution, important functions like “transfer and posting of officials” entrusted with the maintenance of law and order of and above the district level will be with the approval of the Governor.

  • 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 dealt with ‘Temporary Provisions with respect to the State of Jammu and Kashmir’.

  • Articles 371, 371A, 371B, 371C, 371D, 371E, 371F, 371G, 371H, and 371J define special provisions with regard to another state (or states).

  • Articles 370 and 371 were part of the Constitution at the time of its commencement on January 26, 1950; Articles 371A through 371J were incorporated subsequently.

  • Article 371A (13th Amendment Act, 1962), Nagaland says “Parliament cannot legislate in matters of Naga religion or social practices, Naga customary law and procedure, administration of civil and criminal justice according to Naga customary law, and ownership and transfer of land without concurrence of the state Assembly.”

Source : The Hindu