Actual Article
Article 371G: Special provision with respect to the State of Mizoram
Notwithstanding anything in this Constitution,—
(a) no Act of Parliament in respect of—
(i) religious or social practices of the Mizos,
(ii) Mizo customary law and procedure,
(iii) administration of civil and criminal justice involving decisions according to Mizo customary law,
(iv) ownership and transfer of land, shall apply to the State of Mizoram unless the Legislative Assembly of the State of Mizoram by a resolution so decides:
Provided that nothing in this clause shall apply to any Central Act in force in the Union territory of Mizoram immediately before the commencement of the Constitution (Fifty-third Amendment) Act, 1986;
(b) the Legislative Assembly of the State of Mizoram shall consist of not less than forty members.
UPSC Notes for Article 371G
Explanation:
- Special Provisions for Mizoram: Article 371G provides special provisions for the State of Mizoram to protect the unique cultural and social practices of the Mizos.
- Legislative Approval: Requires the Legislative Assembly of Mizoram to pass a resolution for any Act of Parliament to apply to the state concerning religious or social practices, Mizo customary law, and land ownership.
- Legislative Assembly Composition: Specifies that the Legislative Assembly of Mizoram must have at least forty members.
Key Points:
- Cultural Protection: Ensures the preservation of Mizo culture, customs, and practices.
- Legislative Autonomy: Grants the Legislative Assembly of Mizoram the authority to decide on the applicability of central laws in specified areas.
- Stable Governance: Provides a clear framework for the governance and legislative composition of Mizoram.
Important Cases and Commissions Related to Article 371G
Cases:
- No landmark Supreme Court cases specifically interpreting Article 371G, but its provisions have been crucial in maintaining the cultural integrity and legislative autonomy of Mizoram.
Commissions:
- Various State and Central Commissions: Have reviewed the implementation and impact of Article 371G on the governance and development of Mizoram.
Important Reports Related to Article 371G:
- Reports by the Ministry of Home Affairs: Highlight the implementation and impact of special provisions for Mizoram, focusing on cultural preservation and legislative autonomy.
Previous Year Prelims Questions Related to Article 371G
- What does Article 371G of the Indian Constitution provide for?
A. Special provisions for the Scheduled Tribes in Arunachal Pradesh
B. Special provisions for the State of Mizoram
C. Financial emergency provisions
D. Powers of the Governor during an emergency Correct Answer: B. Special provisions for the State of Mizoram - Under Article 371G, which of the following requires the Legislative Assembly of Mizoram’s resolution to apply to the state?
A. Central Acts related to education
B. Acts of Parliament concerning Mizo customary law
C. Acts of Parliament related to taxation
D. Central Acts in force before the Fifty-third Amendment Correct Answer: B. Acts of Parliament concerning Mizo customary law - How many members must the Legislative Assembly of Mizoram consist of according to Article 371G?
A. Thirty members
B. Forty members
C. Fifty members
D. Sixty members Correct Answer: B. Forty members
Previous Year Mains Questions Related to Article 371G
- Cultural Autonomy: “Discuss the significance of Article 371G in preserving the cultural and social practices of the Mizos. How does this provision impact the legislative process in Mizoram?”
- Legislative Authority: “Evaluate the role of the Legislative Assembly of Mizoram under Article 371G. How does this provision ensure legislative autonomy and protect customary laws?”
- Governance and Development: “Analyze the impact of Article 371G on the governance and development of Mizoram. How have these special provisions contributed to the state’s socio-economic progress?”
Additional Insights:
- Cultural Preservation: Article 371G is pivotal in maintaining the cultural heritage of Mizoram, ensuring that Mizo customs and traditions are legally protected.
- Autonomy and Self-governance: By granting the Legislative Assembly the power to decide on the applicability of central laws, Article 371G ensures greater autonomy and self-governance for Mizoram.
- Legislative Stability: The provision for a minimum number of legislative members ensures stability and effective governance in Mizoram.
Understanding Article 371G is crucial for UPSC aspirants as it provides insights into the constitutional provisions for preserving the unique cultural and social practices of Mizoram while ensuring legislative autonomy. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring the protection and development of Mizoram within the Indian Constitution.