Unit-15 Federalism in India

Unit-15 Federalism in India - UNIT 15 S PECIAL PROVISIONS...

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UNIT 15 SPECIAL PROVISIONS FOR NORTH- EAST. J & K. ETC. Structure Objectives Introduction Special Provisions 15.2.1 Article 370 Regarding Ja~nmu and Kashmir 15.2.2 The Sixth Schedule for the North - East 15.2.3 The Filth Schedule for the Scheduled Areas Why Special Provisions'? I 5.3. l Jammu a11d Kashmir 15.3.2 The North - 15.3.3 The Scheduled Areas 15.3.4 Special Category Sti~teb (SCS) Politics Relating to the Special Provisions 15.4.1 Ja~n~nu and K>~shn~ir 15.4.2 North - East India Let Us Sum Up Key Words Some Useful Books Answers to Check Your Progress Exercises 15.0 OBJECTIVES After going through this unit, you will be able to: Identify the areas which are distinct from most other parts of the country; Know the special constitutional provisions meant for these regions; Give reasons for introduction of the special provisions; and Understand the different perceptions of the special provisions witllin these regions. 15.1 INTRODUCTION The Constitution of India provides for uniform rule over the whole country. 'But certain regions of the country are governed by special provisions. These provisions ensure the protection of cultural identities, customs and economic and political interests of the original inhabitants of these areas. These regions include the tribal hills of the North Eastern States, i.e., Assam, Arunachal Paradesh: Manipur: Nagaland, Mizoram, Meghalaya and Tripura: the state of Jarnrnu and Kashmir and the regions known as the "Scheduled Areas". "The Scheduled Areas" are those tribal inhabited areas which are located in other parts of the country than the North-East India. These areas are located in the states of Andhra Pradesh, Bihar. Chhattisgarh, Gujarat, Himachal Pradesh, Madlya Pradesh, .Iharkhand, Maharashtra, Orissa and Rajasthan. Besides these areas, some other regions of the country also are governed by the special provisions. Furthermore: some states have been clamouring to be accorded Special Category States (SCS), though there are no special provisions for them in the constitution. Placement in such category would entitle then1 to get special assistance to development - like increase in tile grant-in-aid in comparison to the loan. While the loans have to be repaid to the lender, the grant-in-aid has not to be re-paid. Orissa: Bihar and the newly created state of Uttaranchal have demanded to be included in the SCS.
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.@~ilurr(krw k 1ndIa 15.2 SPECIAL PROVISIONS Our Constitution has the following special provisions: 15.2.1 Article 370 Regarding Jammu and Kashmir No law passed by the Parlia~iient regarding the state of Janimu and Kaslllnir call be applied to the state without the Order of President of India in concurrence of tlie state government. No such conditions exist in the case of other states. In the original Constitution of Jamrnu and Kashmir, the provisions of Article 370 were described as "temporary" measures. Under the agreement of 1975 signed between Shiekh Abdullah and Indira Gandhi it was agreed upon that Abdullah will give up the demand for plebiscite and special status of Janimu and Kashniir \\Till continue: it would no longcr reniain a temporan. measure. But the agreement could not be
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Unit-15 Federalism in India - UNIT 15 S PECIAL PROVISIONS...

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