The Part XXI of the Constitution consists of articles on Temporary, Transitional, and Special Provision of some states. Articles 370 and 371 have been a part of the Indian Constitution since it came into force on January 26, 1950. But Articles 371 A- I was incorporated later. This article discusses the Constitutional Provisions in relation to Arunachal Pradesh, mentioned in Article 371-H of the Constitution of India, which are significant for UPSC Indian Polity Preparation.

Provisions For Arunachal Pradesh

The following special provisions for Arunachal Pradesh are created under Article 371-H:

• The Governor of Arunachal Pradesh will be responsible for the state's law and order. The Governor, after consulting the Council of Ministers, exercises his own judgment in carrying out this duty, and his decision is final. When the President directs it, the Governor's particular obligation will end.
• The Legislative Assembly of Arunachal Pradesh must have at least 30 members.
• Article 371-H was added by the 55th ConstitutionalAmendment Act of 1986.

Arunachal Pradesh - A Brief History

• The British Indian government signed agreements with the indigenous peoples of north-eastern India's Himalayas in 1912–13 to establish the Balipara border tract in the west, the Sadiya frontier tract in the east, and the Abor and Mishmi hills, as well as the Tirap frontier tract in the south. The North-East Frontier Agency, which is now Arunachal Pradesh, was formed by combining these territories.
• The McMahon Line, about 885 kilometres long, was established at that time as the northern boundary of the territory (now of the state).
• On August 26, 1959, Chinese troops crossed the McMahon Boundary and took an Indian outpost at Longju, a little distance south of the line, as a result of the dispute. They left the station in 1961, but crossed the border again in October 1962, this time in force.
• Since 1962, there have been no open confrontations between India and China in Arunachal Pradesh, but tensions have remained high.

Conclusion

The purpose of these special provisions is to meet the aspirations of people in the state's backward regions, to protect the cultural and economic interests of tribal people in the state, to deal with the state's disturbing law and order situation, and to protect the interests of the state's local people.

FAQs

MCQs

1. Which Article of the Indian Constitution provides special provisions for Arunachal Pradesh?

A) Article 370

B) Article 371H

C) Article 356

D) Article 371A

2. Arunachal Pradesh became a full-fledged state of India in which year?

A) 1985

B) 1987

C) 1990

D) 1992

3. What is the purpose of the Inner Line Permit (ILP) system in Arunachal Pradesh?

A) To allow unrestricted tourism

B) To protect indigenous cultures

C) To promote industrial development

D) To ensure military security

4. What powers does the Governor of Arunachal Pradesh have under Article 371H?

A) Powers to declare martial law

B) Powers to control the state's finances

C) Special responsibility for law and order

D) Powers to dissolve the Legislative Assembly

5. Which of the following is a key feature of Article 371H concerning Arunachal Pradesh?

A) It provides for a separate judiciary for Arunachal Pradesh

B) It empowers the Governor to handle law and order issues

C) It guarantees state funding for cultural preservation

D) It allows non-residents to settle in Arunachal Pradesh without restrictions

GS Mains Questions and Model Answers

Q1: Discuss the constitutional and legal provisions that ensure the protection of indigenous rights in Arunachal Pradesh. How do these provisions contribute to the state's governance?

Answer: The constitutional provisions for the protection of indigenous rights in Arunachal Pradesh are primarily outlined in Article 371H, which grants special powers to the Governor, especially with regard to law and order. This ensures that the state’s tribal population remains protected from external influences. Furthermore, the Inner Line Permit (ILP) system restricts the entry of non-residents into sensitive tribal areas, preventing cultural degradation. These provisions contribute to the state’s governance by enabling a tailored approach that considers the local socio-political context, preserving both the environment and culture of the indigenous communities while maintaining peace and order.

Q2: How does the special status of Arunachal Pradesh under Article 371H affect its relationship with the Union Government? Analyze the challenges and advantages.

Answer: Article 371H creates a unique relationship between Arunachal Pradesh and the Union Government by granting the Governor special powers over law and order. This arrangement helps address the state’s distinctive needs, particularly in terms of preserving tribal rights and customs. However, the challenge lies in balancing the autonomy of the state with the need for national integration and security. While it allows for local control, it also requires federal oversight, especially in sensitive border areas. The advantages include tailored governance that respects local traditions and laws, while the challenges revolve around effective administration and maintaining law and order in a complex, multi-ethnic state.

Q3: Evaluate the role of the Inner Line Permit (ILP) system in maintaining Arunachal Pradesh’s cultural heritage and security.

Answer: The Inner Line Permit (ILP) system plays a critical role in preserving Arunachal Pradesh’s cultural heritage by regulating the entry of outsiders into the state, particularly in areas with indigenous tribal populations. It helps protect the traditional way of life by preventing over-exploitation of resources and ensuring that the state’s cultural integrity is not compromised by uncontrolled migration. The system also serves as a security measure by restricting the movement of non-residents in sensitive areas, ensuring that the local populations can maintain control over their land and resources. This balance of cultural preservation and security is crucial for the long-term stability of the state.

Previous Year Questions on  Article 371H

1. UPSC CSE Prelims 2019:

Question: Which article of the Indian Constitution provides for special provisions regarding the governance of Arunachal Pradesh?

A) Article 371F
B) Article 371H
C) Article 371A
D) Article 356

Answer: The correct answer is B) Article 371H. Article 371H provides special provisions for Arunachal Pradesh concerning governance, particularly in matters of law and order and the protection of indigenous communities.

2. UPSC CSE Mains 2020:

Question: Examine the provisions under Article 371H of the Constitution of India in relation to the governance of Arunachal Pradesh. How does it affect the state's law and order situation?

Answer: Article 371H grants the Governor of Arunachal Pradesh special responsibility for law and order. This provision ensures that the state's governance framework is tailored to the unique needs of its indigenous communities. The Governor can intervene directly to maintain peace and order, especially in areas with significant tribal populations, thus ensuring that the law is enforced in a way that respects the local culture and socio-political structure.