ARTICLE 244(A)

Copyright infringement not intended

Picture Courtesy: https://theindianconstitution.com/article-244-scheduled-tribal-areas-administration/

Context: In Assam’s Diphu Lok Sabha constituency, candidates of all parties are promising to implement Article 244(A) of the Constitution to create an autonomous ‘state within a state’.

Details

• Article 244(A) of the Indian Constitution allows for the formation of an autonomous state within Assam comprising certain tribal areas like Karbi Anglong district. This would give more power to the region than the existing autonomous councils.
• Diphu is a Lok Sabha constituency reserved for Scheduled Tribes in Assam. It covers the tribal-majority districts of Karbi Anglong, West Karbi Anglong and Dima Hasao. The demand for autonomy and implementation of Article 244(A) in this region dates back to the movement for a separate hill state in undivided Assam in the 1950s. It has been the primary poll promise in Diphu for decades.

The Constitution (Twenty-second Amendment) Act of 1969 made significant amendments to the constitution of India to permit the creation of an autonomous state within the State of Assam and specify its legislative and administrative functions.

About Article 244A

• The 22nd Amendment act inserted a new article, 244A, into the Constitution, granting Parliament the authority to create an autonomous state within Assam. The autonomous state would comprise certain tribal areas specified in Part A of the Sixth Schedule.
• Purpose and Scope: The primary objective was to provide for the establishment of an autonomous state with its own legislative body and/or Council of Ministers. Parliament was empowered to define the powers, functions, and structure of the autonomous state's Legislature or Council of Ministers through legislation.
• Legislative and Executive Powers: The law enacted under this provision could specify matters on which the autonomous state legislature would have the power to make laws. It also defined the executive powers of the autonomous state and how these would interact with the broader framework of the State of Assam.
• Taxation and Fiscal Arrangements: The amendment allowed for the assignment of taxes levied by the State of Assam to the autonomous state, ensuring fiscal autonomy and financial stability for the autonomous region.

Amendment of Article 275 ●Article 275, which deals with grants and sums payable to states from the Consolidated Fund of India, was amended to address the financial implications of the formation of the autonomous state. ●Distribution of Funds: Upon the formation of the autonomous state under Article 244A, any sums payable under specified provisions would be directed to the autonomous state. The President was authorised to apportion these sums between Assam and the autonomous state based on the areas included in the autonomous region.

Article 371B

• A new article, 371B, was added to the Constitution by the 22nd amendment to address specific provisions for the State of Assam concerning the representation of tribal areas in the legislative framework.
• Representation and Functioning: Article 371B provided for the constitution of a committee within the Assam Legislative Assembly. This committee would include members elected from tribal areas specified in the Sixth Schedule, ensuring their representation and participation in the legislative process.

Conclusion

• Article 244 plays a crucial role in delineating the governance structure and special provisions applicable to Scheduled Areas and tribal regions within specific states of India. The provisions aim to safeguard the rights and interests of Scheduled Tribes and promote their socio-economic development within a federal framework.

Must Read Articles:

KHASI HILLS AUTONOMOUS DISTRICT COUNCIL

THE STATE OF INDIA’S SCHEDULED AREAS

CENTRE, ASSAM PEACE DEAL WITH ULFA

Source:

Indian Express

Wikipedia

PRACTICE QUESTION Q. The Twenty-second Amendment of the Indian Constitution dealt with the creation of an autonomous state within: A) Jammu & Kashmir B) Nagaland C) Assam D) Andhra Pradesh Answer: C