Article 244(A)


Reference

of Assam Tribal dominated Diphu Lok Sabha constituency In the Lok Sabha elections, all the candidates autonomous (“State within the State”) Has promised to invoke Article 244 (A) of the Constitution to create the region.

Diphu: Lok Sabha constituency

  • In 14 Lok Sabha constituencies of Assam Least populous constituency Diphu, where the number of voters 8.9 lakhs only Is.
    • Community Presence: Karbi (third largest tribe in Assam), Dimasa, Hmar, Kuki, Rengma Naga, Geme Naga, Bodo, Garo, Assamese, Bengali, Bihari, Gorkha etc.
  • This Lok Sabha constituency is reserved for Scheduled Tribes (ST) and comprises six assembly constituencies in three tribal dominated hill districts of Assam (Karbi Anglong, West Karbi Anglong and Dima Hasao).
    • these three districts Sixth Schedule of the Constitution Is administered under the provisions of.
  • These areas come under two autonomous councils – Karbi Anglong Autonomous Council (KAAC) and North Cachar Hills Autonomous Council.

Background of demand for autonomy

  • Movement for separate hill state: beginning of this movement 1950s The demand for a separate hill state in the hilly areas of undivided Assam resulted in Creation of full state Meghalaya in the year 1972 Happened.
    • The leaders of Karbi Anglong region had opted to remain with Assam on the basis of Article 244 (A).
  • Formation of Organization: The Autonomous State Demand Committee (ASDC) was formed to press for the region's autonomy.
    • The organization signed an agreement with the state and central governments in 1995 to enhance the powers of the two autonomous councils in the region. An MoU to increase the number of departments from 10 to 30 Signed.
  • Armed rebellion: The demand for implementation of Article 244(A) also took the form of armed rebellion, as a result of which the region did not get autonomy.
    • Several peace agreements have been signed with terrorist groups including Karbi and Dimasa over the years by both the central and state governments.
  • Peace Accord: In 2021, a peace agreement was signed in Karbi Anglong with five militant groups (Karbi People's Liberation Tigers, People's Democratic Council of Karbi Longri, Karbi Longri NC Hills Liberation Front, Kuki Liberation Front and United People's Liberation Army). by government More autonomy and a special development package of Rs 1,000 crore over the last five years Was promised.
    • Similarly in the year 2023 Dimasa National Liberation Army The agreement was signed with (Dimasa National Liberation Army).

Article 244(A) of the Constitution

  • this article in the constitution Twenty-second Amendment Act, 1969 Was added by.
  • It enables the Parliament to pass an Act to create an autonomous State within the State of Assam, by virtue of Part I of Section 20 of the Sixth Schedule. may include, in whole or in part, all or any of the tribal areas specified in.
    • This autonomous state has its own Legislature or Council of Ministers or both
  • This law can also give any special suggestion-
    • Subject matter: This article shall specify the matters on which the Legislature of the Autonomous State shall have power to make laws.
    • To define the matters in respect of which the executive power of the Autonomous State shall be extended.
    • Tax devolution: Any tax levied by the State of Assam may be assigned to an autonomous State so far as the State Government may exercise these provisions.

Sixth Schedule

  • in this schedule Assam, Meghalaya, Tripura and Mizoram Contains provisions relating to the administration of tribal areas of the States.
  • Provision
    • Creation of Autonomous District and Regional Councils: These elected bodies have administrative powers in tribal areas.
    • Membership: Every autonomous district has a District Council, which consists of 30 members consists of (four nominated by the Governor and Other 26 adult franchise grounds are elected). Each autonomous region also has a separate regional council.
    • term of office: tenure of elected member five years And the nominated members remain in office as per the wish of the Governor.
    • power of governor
      • Restructuring: them of autonomous districts To increase, decrease, rename, define their boundaries, organize, reorganize areas. etc. have the right.
      • Administration: The Governor may constitute a Commission to investigate and report on any matter relating to the administration of autonomous districts or regions.
      • They can dissolve any district or regional council on the basis of the recommendation of the commission.
    • power and work
      • Legislative Power: They can make laws on subjects such as forest management, agriculture, administration of villages and towns, inheritance, marriage, divorce and social customs.
      • Judicial Powers: In cases where the offense carries the death penalty or imprisonment for more than five years, the Governor may empower ADCs and ARCs to prosecute under the criminal and civil laws of the country.
      • Formation of Village Councils: ADCs and ARCs can also set up village councils or courts to adjudicate disputes between Scheduled Tribe parties and appoint officials to monitor enacted laws.
      • Administrative Powers: They were given the right to collect land revenue, levy taxes, lend money and regulate trade, collect royalties from licenses or leases for extraction of minerals in their jurisdictions, establish public facilities like schools, markets and roads etc. Has been done

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