Constitution’s role in managing diversity through special provisions for various states

Source: The post Constitution’s role in managing diversity through special provisions for various states has been created, based on the article “The Manipur crisis, the issue of managing diversity” published in “The Hindu” on 24th October 2024

UPSC Syllabus Topic: GS Paper 2 – Polity- issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein.

Context: The article discusses the violence in Manipur and the Chief Minister’s demands for more control over security. It highlights the Constitution’s role in managing diversity through special provisions for various states, aiming to ensure political stability and represent different cultural identities effectively.

What is the situation in Manipur?

There has been an escalation of violence in Manipur. The Chief Minister is demanding greater control over security. Media reports suggest the constitutional machinery in Manipur is breaking down, with Article 355 invoked to manage internal disturbances.

For detailed information on analyses on Manipur read this article here

How does the Constitution handle diversity?

1. The Indian Constitution uses “special provisions” to manage diversity across states. These provisions aim to maintain political stability and address cultural or developmental concerns.
2. States like Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, and Karnataka have been granted such provisions.
3. Article 371F, for example, was introduced when Sikkim joined India in 1975. It protected different sections of Sikkim’s population and ensured power sharing to promote stability.
4. In R.C. Poudyal (1993), the Supreme Court upheld Article 371F, allowing greater representation for the Bhutia-Lepcha community due to Sikkim’s historical background.
5. Tripura’s inclusion in the Sixth Schedule in 1984 resolved insurgency issues by reserving a third of its legislative seats for Scheduled Tribes.
6. The Constitution’s flexibility helps reconcile competing identities while preserving political stability.

For detailed information on Article 371 of Indian Constitution read this article here

What is the current legal framework in Manipur?

1. Article 371C: Manipur is governed by Article 371C, which mandates the creation of a Hill Area Committee to represent tribal areas. However, its approval is not required for decisions affecting governance.
2. Autonomous District Council: The Manipur Hill Areas Autonomous District Council Act, 2000 governs district councils for Scheduled Tribes but lacks veto power, unlike states like Nagaland and Sikkim.
3. No Sixth Schedule Protections: Unlike Tripura, Manipur is not governed by the Sixth Schedule, which devolves more power to local tribal councils.
4. Challenges in Representation: The lack of strong representation for tribal areas has fueled tensions, contributing to ongoing violence.

What should Manipur consider?

The Court in R.C. Poudyal emphasized that pluralist societies are part of history. The Constitution has shown it can adapt to different challenges. Manipur should look to constitutional solutions to manage its internal conflicts and achieve peace.

Question for practice:

Examine how the Indian Constitution’s special provisions, particularly Article 371C, impact the governance and representation of tribal areas in Manipur, and how these provisions compare to those in other states.