Indian Constitution’s Role in Resolving Identitarian Differences
- The Indian Constitution has been used to reconcile the interests of different states, including Jammu and Kashmir, Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, and Karnataka.
- The Constitution has institutionalized a scheme of power sharing, representation, and guaranteed autonomy in governance to ensure sensitivity to group identities and their socio-political backgrounds.
- The accession of Sikkim to India in 1975 led to the inclusion of Article 371F, which empowers Parliament to protect the rights and interests of different sections of the population.
- Article 371F(g) also provided the Governor with the special responsibility for a scheme of “equitable arrangement for ensuring the social and economic advancement of different sections of the population of Sikkim.”
- The Representation of Peoples Act 1951 was amended to reflect the scheme of Article 371F(f), earmarking seats for different communities in the Legislative Assembly.
- The Supreme Court of India upheld the constitutionality of Article 371F(f) and the amendment to the Representation of Peoples Act 1951, stating that the increased representation of the Bhutia-Lepcha community was an inheritance of the socio-political history of Sikkim.
- The proportionality of seats reserved for the Bhutia-Lepcha community was justified to protect their identity and ensure political stability.
Tripura and the Constitution’s Role in Peace
Tripura’s Peace and the Sixth Schedule
- Tripura was a peace brokered through the Constitution during the insurgency movement.
- The Sixth Schedule of the Constitution allows district and regional councils to administer tribal areas.
- The Sixth Schedule was not applicable to Tripura until 1984, but was later made applicable through the 49th Constitutional Amendment.
- The Tripura Accord in 1988 reserved a third of the seats in the State Assembly to the Scheduled Tribe population.
- The Supreme Court rejected the contention of proportional reservation based on “arithmetical precision” and reiterated the scheme of “accommodations and adjustments.”
Manipur’s Power Sharing and the Sixth Schedule
- The Sixth Schedule does not apply to the State of Manipur.
- Manipur is governed by Article 371C, which provides for the creation of a Hill Area Committee.
- The approval or concurrence of the Hill Area Committee regarding governance matters is not necessary.
Words for Manipur
- The establishment of a “District Council” in Manipur is governed under a separate statute, the Manipur Hill Areas Autonomous District Council Act, 2000.
- Concerns over representation, resource allocation, and perceived community domination have heightened anxieties and exacerbated social division.
- The Constitution has evolved its capacity to adapt to demanding circumstances.