Article 371B

Article 371B of the Constitution of India provides for special arrangements in the State of Assam to safeguard the interests of its tribal populations and ensure their adequate representation in the legislative process. This article reflects India’s broader constitutional vision of accommodating diversity and protecting the rights of indigenous and tribal communities through tailored mechanisms within the federal framework.

Historical Background and Context

The inclusion of Article 371B in the Constitution was a response to the complex socio-political situation in Assam during the 1960s. The State, home to multiple tribal groups with distinct cultural identities, experienced rising concerns among these communities regarding adequate political representation and protection of their rights.
To address these issues, the Constitution (Twenty-second Amendment) Act, 1969, inserted Article 371B into the Constitution. The amendment came into force on 25 September 1969, providing for the establishment of a special committee within the Assam Legislative Assembly to represent the interests of tribal areas governed under the Sixth Schedule of the Constitution.

Objective and Purpose

The principal objectives of Article 371B are:

• To ensure effective participation of tribal representatives from the Sixth Schedule areas in the legislative process of Assam.
• To establish a constitutional mechanism that allows focused consideration of matters affecting the tribal regions.
• To strengthen autonomous governance and preserve the distinct socio-cultural identity of Assam’s indigenous communities.
• To maintain harmony between the State’s general administration and the special provisions for its tribal regions.

Key Provisions of Article 371B

Article 371B reads as follows:

“Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Assam, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the tribal areas specified in Part I of the table appended to paragraph 20 of the Sixth Schedule and such other members of that Assembly as may be specified in the order, and for modifications in the rules of procedure of the Assembly for the constitution and proper functioning of such committee.”

The essential features of this provision are outlined below:
1. Power of the President

• The President of India has the authority to issue an order constituting a special committee within the Assam Legislative Assembly.
• The Presidential Order defines the composition, powers, and functions of the committee and may modify the Assembly’s rules of procedure to facilitate its effective functioning.

2. Composition of the Committee

• The committee must include members elected from the tribal areas of Assam as specified in Part I of the table appended to paragraph 20 of the Sixth Schedule.
• The President may also specify the inclusion of other members of the Legislative Assembly to ensure balanced representation and effective decision-making.

3. Function and Purpose of the Committee

• The committee provides a platform for consultation and coordination between the State Legislature and representatives from tribal areas.
• It ensures that legislation and policies affecting the Sixth Schedule regions are scrutinised with due regard to local customs, governance systems, and the special administrative structure of these areas.
• The committee may review, deliberate upon, or advise on legislative proposals concerning autonomous district councils, land use, resource management, and cultural preservation.

4. Modification of Legislative Rules

• The President’s order may include changes to the rules of procedure of the Assam Legislative Assembly.
• Such modifications are intended to integrate the committee’s operations smoothly into the legislative framework while respecting the autonomy of the Sixth Schedule areas.

Relation to the Sixth Schedule

The Sixth Schedule of the Constitution provides for the autonomous administration of tribal areas in the North-Eastern States, including Assam, Meghalaya, Tripura, and Mizoram. It establishes Autonomous District Councils (ADCs) with legislative, executive, and judicial powers over specific subjects such as land, forest management, and customary law.
Article 371B works in tandem with the Sixth Schedule, bridging the gap between the autonomous district administration and the State Legislature. It ensures that tribal representatives within the Assembly have a formal mechanism to influence decisions that may affect their regions.

Implementation and Presidential Orders

Pursuant to Article 371B, the President issued an order constituting a Committee of the Assam Legislative Assembly for the Tribal Areas, which includes:

• Members representing the Bodoland Territorial Region, Karbi Anglong, and Dima Hasao (formerly North Cachar Hills).
• Other members as specified by the Presidential order to ensure adequate representation.

The committee plays an advisory and consultative role, focusing on issues like:

• Development planning in tribal areas,
• Coordination with Autonomous District Councils, and
• Review of State policies that impact tribal governance and welfare.

Judicial Interpretation

Although there are no major Supreme Court cases directly interpreting Article 371B, the judiciary has consistently recognised the constitutional intent of protecting the autonomy of tribal regions under the Sixth Schedule.
Relevant precedents that provide interpretative guidance include:

• T. Cajee v. U. Jormanik Siem (1961): The Supreme Court upheld the authority of autonomous councils under the Sixth Schedule, emphasising their constitutional independence.
• State of Assam v. Ranga Muhammad (1967): The Court reaffirmed that the Sixth Schedule areas enjoy a distinct constitutional status and administrative framework.

These rulings, though not specific to Article 371B, underline the importance of safeguarding local self-governance and representative participation, which the Article reinforces through legislative integration.

Relationship with Other Constitutional Provisions

Article 371B is part of a series of special provisions (Articles 371 to 371J) designed to address regional aspirations and socio-economic disparities in various States. Its relationship with other constitutional provisions includes:

• Article 244(2): Provides for the application of the Sixth Schedule to certain tribal areas in the North-East.
• Article 275: Grants financial assistance from the Union for promoting the welfare of Scheduled Tribes.
• Article 338A: Establishes the National Commission for Scheduled Tribes to monitor the protection of their rights.

Together, these provisions form an interlinked framework for tribal self-governance, development, and protection of cultural identity.

Significance of Article 371B

The constitutional importance of Article 371B lies in its role as a bridge between the State’s legislative machinery and tribal self-governance institutions. Its major contributions include:

• Political Inclusion: Ensures representation of Assam’s tribal areas within the State Legislature, preventing their marginalisation.
• Safeguard for Tribal Autonomy: Provides constitutional backing to protect the rights and customs of indigenous populations.
• Democratic Decentralisation: Strengthens the principle of grassroots participation in governance.
• Conflict Prevention: Facilitates dialogue between tribal regions and the State, contributing to peace and political stability.

Limitations and Criticisms

Despite its progressive intent, Article 371B has faced certain limitations:

• The committee’s role is largely advisory and lacks binding authority over legislative outcomes.
• Implementation varies depending on political will and administrative efficiency.
• Some tribal leaders have argued for greater autonomy or even separate statehood to address developmental disparities more effectively.

Nevertheless, the article remains a vital constitutional instrument for inclusive governance in Assam.