Part XXI: Temporary, Transitional and Special Provisions

Article 371G: Special Provisions for Mizoram

Overview of Article 371G: Special Provisions for Mizoram

Original Article:

Article 371G provides special provisions for the State of Mizoram, safeguarding its religious or social practices, customary laws, civil and criminal justice system, and land ownership rights.

Explanations:

This article grants autonomy to Mizoram in specific areas to preserve its cultural identity and traditional practices. The legislative assembly's consent is required for the application of central laws in these domains.

Clause-by-Clause Explanation:

Clause (a): Autonomy in Key Domains

The legislative assembly must approve central laws concerning religious practices, customary laws, and land rights, ensuring local traditions are respected.

Clause (b): Composition of Legislative Assembly

The legislative assembly of Mizoram must have at least forty members to ensure effective governance and representation.

Legislative History:

Article 371G was introduced through the Constitution (Fifty-third Amendment) Act, 1986, following the Mizo Peace Accord, which marked the end of insurgency and facilitated Mizoram's statehood.

Historical Significance:

The article reflects India's recognition of Mizoram’s distinct cultural and historical identity, ensuring autonomy in areas crucial to its community.

Real-life Examples:

Land ownership laws in Mizoram, governed by customary practices, illustrate the application of Article 371G, ensuring community-driven decision-making.

Debates and Deliberations:

The debates surrounding the Fifty-third Amendment emphasized the importance of granting Mizoram autonomy to preserve peace and promote development.

Frequently Asked Questions (FAQs): Section 1

What is Article 371G?

It grants Mizoram autonomy over laws related to religious practices, customary laws, land rights, and justice systems.

When was Article 371G added?

It was added through the Fifty-third Amendment in 1986.

Frequently Asked Questions (FAQs): Section 2

How does Article 371G protect Mizoram’s identity?

By ensuring central laws on sensitive issues require the state legislature’s approval.

What are the domains covered under Article 371G?

Religious practices, customary laws, justice systems, and land ownership are covered.

Frequently Asked Questions (FAQs): Section 3

What role did the Mizo Peace Accord play?

It facilitated the creation of Article 371G, ensuring peace and granting autonomy to Mizoram.

What is the significance of land ownership laws in Mizoram?

They are governed by community practices, preserving the socio-economic structure of the state.

References: