Article 244(A)

26.04.2024

Article 244(A)

Why in the news?                          

           In Assam’s Diphu Lok Sabha constituency, candidates have promised the implementation of Article 244(A) of the Constitution to create an autonomous ‘state within a state’.

Diphu and its social profile

• It is the most sparsely populated of Assam’s 14 Lok Sabha constituencies, with just 8.9 lakh voters.
• It is reserved for Scheduled Tribes (STs), and covers six legislative Assembly segments in three tribal-majority hill districts of Assam: Karbi Anglong, West Karbi Anglong, and Dima Hasao.

○These three districts are administered under the provisions of the Sixth Schedule of the Constitution.

• These areas come under two autonomous councils: the Karbi Anglong Autonomous Council (KAAC) and the North Cachar Hills Autonomous Council.
• Voters at the seat belong to various communities: Karbi (the third largest tribe in the state), Dimasa, Hmar, Kuki, Rengma Naga, Zeme Naga, Bodo, Garo, Assamese, Gorkha, etc.

About Article 244(A):

• It allows for creation of an ‘autonomous state’ within Assam in certain tribal areas. This region could include certain tribal areas like Karbi Anglong.
• This provision was inserted by the Constitution (Twenty-second Amendment) Act, 1969.
• Such an autonomous state created would have its own Legislature or Council of Ministers or both. It accounts for more autonomous powers to tribal areas, among these the most important power is the control over law and order.
• In Autonomous Councils under the Sixth Schedule, they do not have jurisdiction of law and order.

Difference from the Sixth Schedule of the Constitution

• Under the Sixth Schedule, there are already councils with elected representatives for decentralized governance in tribal areas.
• However, these councils have limited powers. They can't control law enforcement, and their financial authority is also limited.
• On the other hand, Article 244(A) accounts for more autonomous powers to tribal areas. Among these the most important power is the control over law and order.

History:

• In the 1950s, a demand for a separate hill state arose around certain sections of the tribal population of undivided Assam. After prolonged agitations, Meghalaya gained statehood in 1972.
• In the 1980s, this demand took the form of a movement with a number of Karbi groups resorting to violence. It soon became an armed separatist insurgency demanding full statehood.
• The leaders of the Karbi Anglong and North Cachar Hills were also part of this movement. They were given the option to stay in Assam or join Meghalaya. They stayed back as the then central government promised more powers, including Article 244 (A).                                                  

                                        Source: Indian Express