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Comparing Article 370 and Article 371: Provisions and Variat



  Aug 29, 2023

Art.370 and Art.371:Comparison


Article 370 and Article 371 are distinct provisions in the Indian Constitution that address special provisions for certain states or regions within India. While they both provide special status and autonomy to specific areas, they apply to different regions and have different historical backgrounds. Here's a comparison between Article 370 and Article 371:
 

Article 370: Special Status for Jammu and Kashmir

 

Background:

Article 370 was a temporary provision included in the Indian Constitution to provide special autonomy to the state of Jammu and Kashmir. It was a result of the Instrument of Accession signed by the Maharaja of Jammu and Kashmir in 1947, allowing the state to accede to India. The article aimed to grant the state a higher degree of autonomy compared to other Indian states due to its unique circumstances.
 

Key Provisions:

Under Article 370, Jammu and Kashmir had its own constitution, a separate flag, and significant legislative and administrative autonomy.
 
The state's residents enjoyed dual citizenship – they were citizens of India as well as the state of Jammu and Kashmir.
 
Central laws were applicable to the state only if the state government concurred, except in defense, foreign affairs, finance, and communications.
 

Changes:

In August 2019, the Government of India abrogated Article 370 through a presidential order, revoking the special status of Jammu and Kashmir. The state was reorganized into two separate Union Territories – Jammu & Kashmir, and Ladakh. This move was met with a mix of support and opposition, with proponents arguing for greater integration and opponents raising concerns about the erosion of the region's autonomy.
 

Article 371: Special Provisions for Specific States

 

Background:

Article 371 grants special provisions to various states and regions within India, recognizing their distinct historical, cultural, and social circumstances. These provisions aim to protect the local culture and customs of these regions while maintaining their integration with the Indian Union.
 

Key Provisions:

Article 371 provides for the creation of special safeguards for certain states in areas like employment, education, land ownership, and local governance.
 
It grants states the power to establish separate development boards to ensure equitable distribution of resources.
 
Different versions of Article 371 exist for various states like Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, and others. These versions contain specific provisions tailored to the needs of each state.
 

Variations:

Each state's Article 371 variation is unique. For example:
 
Article 371A applies to Nagaland, providing special provisions for the Naga people's cultural and ethnic protection.
 
Article 371G applies to Mizoram, ensuring religious and social practices of the Mizos are preserved.
 
Article 371H applies to Arunachal Pradesh, focusing on governance and the preservation of customary law.
 

Conclusion:

While both Article 370 and Article 371 provide special provisions and autonomy to specific regions within India, Article 370 was specific to Jammu and Kashmir and has been abrogated, while Article 371 applies to various other states and regions, each with its own unique provisions tailored to their specific needs and circumstances.
 

table of comparison

Certainly, here's a table comparing Article 370 and Article 371 based on their key provisions, background, and scope:
 
Aspect Article 370 Article 371
Background Result of the Instrument of Accession signed by the Maharaja of Jammu and Kashmir in 1947. Designed to provide special provisions for certain states and regions with distinct historical, cultural, and social circumstances.
Application Specifically applied to the state of Jammu and Kashmir. Applied to various states and regions within India, with different variations for each state.
Autonomy Provided significant autonomy to Jammu and Kashmir, including its own constitution and separate flag. Offers various degrees of autonomy tailored to the needs of specific states while ensuring integration with the Indian Union.
Dual Citizenship Granted residents of Jammu and Kashmir dual citizenship – citizens of India and the state. No provision for dual citizenship; citizens are solely Indian citizens.
Central Laws Central laws applied to the state only with the concurrence of the state government, except in specific areas. Preserves local customs, traditions, and laws while ensuring alignment with the Indian Constitution.
Special Safeguards Focused on preserving the unique identity of Jammu and Kashmir. Aims to protect cultural, educational, and economic interests of different states through specific provisions.
Changes Abrogated in August 2019, resulting in the revocation of Jammu and Kashmir's special status and reorganization into Union Territories. Continues to be part of the Indian Constitution, with individual variations for different states.
States/Regions Applies exclusively to Jammu and Kashmir. Applies to various states, including Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, etc. Each variation addresses specific state requirements.

Please note that this table provides a general comparison between Article 370 and Article 371 based on their primary characteristics. Specific variations of Article 371 exist for different states, and the impact of the abrogation of Article 370 on Jammu and Kashmir has broader implications beyond what is summarized here.


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