Article 244 (A) – “In Context to tribal districts of Assam”
Why is article 244 (a) in news?
The Political vindictiveness, is a reason of uncertainty and glooming paradox over Article 244 A. The inhabited areas of socially and educationally backward ‘Aboriginals’ are called Scheduled areas.
What does article 244(A) say?
- Article 244(A) allows for the creation of an ‘autonomous state’, within Assam’s tribal districts.
- The aforesaid article, envisages creation of local legislature of council of ministers or both to carry out local administration. The twenty-second constitution amendment act, 1969 led to induction of it in Indian Constitution.
- Article 244(A), pronounces, higher autonomous power to tribal areas than the sixth schedule.
The Sixth Schedule
defines, the administration and control of the scheduled and tribal areas of
the four states – Assam (the hill districts of Dima Hasao, Karbi
Anglong and West Karbi and the Bodo Territorial Region),
Meghalaya, Tripura, Mizoram.
Of all, the prominent
power sustainable is, control over law and order. The sixth schedule under
autonomous council, doesn’t have jurisdiction over former.
The Governor is
empowered to increase or decrease the areas or change the names of theautonomous districts, while executive powers of the Union extend in
scheduled areas with respect to their administration in fifth schedule,
the sixth schedule areas remain within executive authority of the state.
The Acts of Parliament
or the state legislature do not apply to autonomous districts and autonomous
regions or applied with specified modification and exception.
At the moment, 10 states
(Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand,
Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana) have fifth
schedule.
To deal with, the scheduled and tribal areas, the constitution has
inducted Article 244 and Article 244 (A).
Article 244 : It deals with the administration of scheduled and tribal
areas and defines scheduled areas as the areas defined so by the president
of India and the mentioned in the fifth schedule of the constitution.
Article 244 (A) : The council have also
been endowed with wide civil and criminal judicial power, for establishing
village court. However the jurisdiction of this council is subject to the
jurisdiction of the concerned High court.
Struggle for Article 244 (A)
Whilst, the prolonged
agitation, the leaders of Karni Anglong and North Cache hills were too, part of
it, as a privilege they could either stay in Assam or join Meghalaya, the
leaders chose to stay back, after the Union Government , promised them more
power, including Article 244(A).
1980 : Demand for more power/autonomy took
the form of a movement with a no of Karni groups restoring to violence. Some
became an armed specialist insurgency demanding autonomy.
2021 : January , a group of BJP legislators from Assam followed by BJP MP Horen Sing Bey (The Representative of Autonomous Hills District Constituency), submitted a memorandum to the centre seeking the implementation of Article 244(A).
The pacifying strategy and round table talks of the Union government led to surrender of Karbi Group. Immediately, after the surrender, the later met the Home Minister of India Shri. Amit Shah and reiterated ,the demand of autonomy . However, the Home minister only promised a special development package.
What do prominent political parties conclude over Article 244 (A) ?
“The BJP is continuously
attacked and being said to disturb, the culture and traditions of the hill
tribes by withdrawing Article 244(A).The Congress government had ensured that
if it came to power, Article 244(A) with
all its clauses would be implemented, to
protect the interest of indigenous people” said Rahul Gandhi.
However, the Home Minister Shri Amit Shah, only promised a special development package.
“Kosh Kosh Par Badle Paani, Chaar Kosh pe Badle Wani” – the diversification of Indian Culture & vehemently prevailing unity, is what India exemplarily glorifies. However, prior to enforcement of a law, the glory should be upheld.
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