Meghalaya's Demand for Special Provisions

Meghalaya’s Demand for Special Provisions

Explore Meghalaya’s demand for special provisions, including constitutional safeguards, autonomy, and cultural preservation to protect the state's indigenous identity and rights.

Table of Contents

Context: A regional party in Meghalaya has proposed bringing the state under the purview of Article 371 to help resume rat-hole coal mining. Rat-hole mining has been banned since April 2014 by the National Green Tribunal (NGT) due to environmental and safety concerns.

Meghalaya’s Current Situation

Meghalaya has Autonomous District Councils (ADCs) under the Sixth Schedule, which gives limited autonomy to tribal regions.
Due to this, the NGT ban on rat-hole mining remains enforceable despite ADCs having control over land and resources.

What is Article-371 ?

Article 371 provides special provisions for certain states in India to address regional concerns, cultural preservation, and economic development.
These provisions vary from state to state.
Article 369 appears in Part XXI of the Indian Constitution, titled ‘Temporary, Transitional and Special Provisions’.
It extends to 11 states, six of them are from the Northeast, where the provisions aim to preserve tribal culture.

State	Special Provisions
Maharashtra & Gujarat (Article 371)	Provides special provisions for the development of tribal communities in these states, ensuring greater representation and welfare policies for Scheduled Tribes.
Nagaland (Article 371A)	Protects land, resources, and Naga customary laws. No Parliamentary law related to religion, social practices, administration of civil & criminal justice or land & resource ownership applies unless approved by the Nagaland Legislative Assembly.
Assam (Article 371B)	Provides for the creation of special committees within the Assam Legislative Assembly to address tribal issues in the state.
Manipur (Article 371C)	Ensures special safeguards for the hill areas and tribal interests through a Hill Areas Committee in the Manipur Legislative Assembly.
Andhra Pradesh & Telangana (Article 371D & 371E)	Grants special provisions for equitable opportunities in public employment and education. Establishes a special tribunal for resolving disputes related to government jobs and university admissions. Article 371E also allows for the establishment of a Central University in Andhra Pradesh by law.
Mizoram (Article 371F)	Similar to Nagaland—protects Mizo customary laws, land, and religious & social practices. Parliament cannot pass laws on these matters unless approved by the Mizoram Legislative Assembly.
Arunachal Pradesh (Article 371G)	Special provision with respect to the state of Arunachal Pradesh
Goa (371I)	Special provision with respect to the state of Goa

How Would Article – 371 Help Meghalaya ?

Bypass Central Laws on Mining: Meghalaya could regulate mining independently, similar to Nagaland.
Reduce NGT’s Control: NGT’s blanket ban on rat-hole mining may not apply, allowing controlled mining.
Empower Autonomous District Councils (ADCs): Land and resource control would be exclusive to local communities, reducing state intervention.
Preserve Local Culture and Economy: Coal mining is a major economic activity for locals and an Article 371 provision could protect traditional economic practices.