Article 371C

Article 371C of the Constitution of India provides special constitutional safeguards for the State of Manipur, particularly focusing on the administration and development of its Hill Areas. This article aims to ensure adequate political representation, protection of tribal interests, and balanced development between the hill and valley regions of the State.
The provision was inserted by the Constitution (Twenty-seventh Amendment) Act, 1971, following the elevation of Manipur from a Union Territory to a full-fledged State on 21 January 1972.

Historical Background

Manipur, a princely state prior to independence, merged with India in 1949 and became a Union Territory in 1956. However, differences in economic progress and governance between the Hill Areas, inhabited largely by tribal communities, and the Valley Areas, dominated by the Meitei population, created political and developmental imbalances.
To address these issues and preserve the distinct identity and autonomy of the hill tribes, Article 371C was enacted as part of a larger constitutional effort to strengthen representation and ensure equitable development in the North-Eastern region.

Objective and Purpose

The key objectives of Article 371C are:

• To safeguard the interests of the Hill Areas of Manipur.
• To provide a constitutional mechanism for the participation of tribal representatives in State governance.
• To ensure balanced development and protect the distinct socio-cultural identity of hill communities.
• To facilitate effective coordination between the Union and State Governments in administering sensitive tribal regions.

Key Provisions of Article 371C

1. Power of the President to Issue Special OrdersUnder Article 371C(1), the President of India may issue special orders concerning the State of Manipur to:

• Constitute and regulate a Hill Areas Committee (HAC) within the Manipur Legislative Assembly;
• Modify or adapt the Rules of Business of the Government of Manipur; and
• Alter the Rules of Procedure of the Legislative Assembly to ensure the effective functioning of the HAC.

This provision includes a non obstante clause, which allows the President’s orders to override other constitutional provisions if necessary for implementing these arrangements.
2. Hill Areas Committee (HAC)The Hill Areas Committee is a central feature of Article 371C. It functions as a statutory committee of the Manipur Legislative Assembly and is composed exclusively of Members of the Legislative Assembly (MLAs) elected from the Hill Areas.
Composition and Functions:

• The HAC comprises all MLAs representing constituencies in the Hill Areas, as defined by the Presidential Order.
• The committee has consultative and recommendatory powers concerning legislative and administrative matters that affect the Hill Areas.
• It must be consulted on issues relating to the development, management, and welfare of the Hill Areas, including the distribution of financial resources and implementation of development schemes.
• The HAC may recommend legislative measures to protect tribal customs, land rights, and administrative practices in these regions.

3. Role and Responsibilities of the GovernorUnder Article 371C(2), the President may assign a special responsibility to the Governor of Manipur to ensure the proper functioning of the Hill Areas Committee and safeguard the interests of the Hill Areas.
The Governor’s key responsibilities include:

• Overseeing the implementation of Presidential Orders issued under Article 371C.
• Submitting annual reports to the President of India on the administration of the Hill Areas.
• Exercising discretionary powers, not bound by ministerial advice, in matters relating to the Hill Areas and the HAC.

The Governor thus acts as a constitutional intermediary between the Union Government and the State Legislature, ensuring adherence to Article 371C.
4. Role of the Union GovernmentThe executive power of the Union extends to giving directions to the State Government of Manipur regarding the administration of the Hill Areas. This provision reflects the Union’s continuing responsibility to maintain peace and stability and to promote inclusive development in these sensitive regions.
5. Definition of “Hill Areas”The term “Hill Areas” refers to regions declared as such by the President of India through public notification. These areas generally correspond to the tribal-dominated districts of Manipur, including:

• Churachandpur
• Chandel (now part of Tengnoupal)
• Senapati (including the present-day Kangpokpi)
• Ukhrul
• Tamenglong (including the present-day Noney and Pherzawl districts)

These areas collectively form the traditional tribal regions of the State and enjoy protection under Article 371C.

Administrative Mechanism and Functioning

The implementation of Article 371C has been facilitated through Presidential Orders and subsequent State legislation. The Hill Areas Committee operates under rules framed under the Manipur Legislative Assembly (Hill Areas Committee) Order, 1972, issued by the President.
The HAC plays a key role in:

• Advising the State Government on policies and projects affecting hill districts.
• Reviewing development schemes related to agriculture, infrastructure, education, and health in the Hill Areas.
• Ensuring tribal participation in decision-making processes.

Although its powers are largely advisory, the Committee’s recommendations carry significant political and moral weight in ensuring equitable governance.

Judicial Interpretation and Legal Precedents

While Article 371C has not been the subject of extensive litigation, the judiciary has acknowledged its constitutional significance in ensuring representation and autonomy for Manipur’s Hill Areas.
Key cases include:

• Rishang Keishing v. Union of India (1981): The Supreme Court recognised the President’s authority to issue orders under Article 371C and upheld the constitutionality of the provision, emphasising its role in preserving tribal representation.
• K. Ranjit Singh v. Union of India (2011): The Manipur High Court reaffirmed that Presidential Orders issued under Article 371C have constitutional validity and are binding on the State Government. The Court also noted that such orders, based on Presidential satisfaction, are generally not subject to judicial review unless there is evidence of mala fide exercise of power.

These rulings reinforce the constitutional sanctity of Article 371C and its embedded federal character.

Relationship with Other Constitutional Provisions

Article 371C interacts with several related constitutional provisions:

• Article 275: Provides financial grants from the Union to promote the welfare of Scheduled Tribes and the administration of Scheduled Areas.
• Article 244(2): Deals with the application of the Sixth Schedule to tribal areas in the North-East.
• Fifth and Sixth Schedules: Offer frameworks for tribal self-governance, though these do not directly apply to Manipur.
• Articles 371A and 371B: Provide similar protections for Nagaland and Assam, respectively, reflecting a regional pattern of constitutional accommodation for North-Eastern States.

Significance of Article 371C

Article 371C remains a cornerstone of Manipur’s constitutional governance, particularly in protecting the rights of its tribal populations. Its significance can be summarised as follows:

• Protection of Tribal Interests: Ensures that laws and policies do not undermine the social, cultural, and economic rights of the hill communities.
• Political Representation: Guarantees tribal participation in legislative processes through the Hill Areas Committee.
• Federal Integration: Strengthens India’s cooperative federalism by allowing for region-specific governance structures.
• Conflict Prevention: Addresses ethnic and regional disparities, helping to mitigate tensions between the hill and valley populations.
• Balanced Development: Promotes equitable allocation of resources between different parts of the State.

Limitations and Contemporary Challenges

Despite its constitutional importance, Article 371C faces several implementation challenges:

• The Hill Areas Committee has consultative powers but limited authority to enforce its recommendations.
• Persistent developmental disparities between the hills and the valley remain a source of tension.
• There have been demands for greater autonomy or separate administrative arrangements for the hill districts.
• Coordination between the State Government and the HAC has sometimes been strained, affecting effective governance.