During the transition of Manipur from a part C state to a full-fledged state between 1971 and 1972, a distinctive legislative process was established for its hill areas. This led to the insertion of Article 371-C into the Constitution of India and a Presidential Order on June 20, 1972, which perpetuated provisions from the Government of Union Territories Act of 1963. These developments created a framework for a Hill Areas Committee (HAC) with a special legislative setup for the hill regions.
The HAC is empowered to conceptualize laws, draft bills, and recommend them to the state government. It has the authority to vet bills introduced by the government in the Assembly, report on government bills, and recommend their enactment into law. Legislation pertaining to hill areas is outlined in “scheduled matters,” and the legislative process involves significant roles from the Speaker, Chief Minister, Governor, and President. If grievances arise from the HAC or the tribal communities, the President can direct the state government to address these concerns. These safeguards are intended to ensure that laws affecting hill areas are enacted with minimal alterations from HAC recommendations.
However, despite this established legislative framework, successive state governments, predominantly led by the majority community, have repeatedly obstructed and stalled the fulfillment of constitutional mandates. This continuous neglect has deprived the autonomous district councils (ADCs) and local authorities in hill areas of critical laws necessary for governance and development.
This persistent oversight has spanned over fifty years, raising serious concerns about the diminishing constitutional protections for the tribal populations in hill areas. The only notable legislation attempted by the HAC was the Manipur (Hill Areas) Autonomous District Councils Bill of 2021, which remains unaddressed by the state government, thus highlighting ongoing systemic inequities. The absence of enacted laws has obstructed self-governance in hill areas, perpetuating a cycle of underdevelopment and governance issues.
The constitutional imbalance in Manipur is stark; the valley areas, mainly inhabited by the Meitei community, have representation that comprises 40 Members of the Legislative Assembly (MLAs), while hill areas elect only 20 MLAs, predominantly from Scheduled Tribes. Recognizing this structural imbalance, Parliament enacted specific legislations, including the Manipur (Hill Areas) District Council Act in 1972 and Article 371-C, to lay the groundwork for legislative and administrative governance in these regions.
The HAC’s significant legislative powers have been consistently undermined by state authorities, leaving tribal communities vulnerable. In addition, major bills affecting hill areas have been passed without adhering to mandated HAC reviews, leading to public unrest and underscoring the consequences of ignoring constitutional provisions.
Future actions must focus on exhausting established intervention avenues before seeking judicial remedies. It is crucial for leaders, activists, and civil society organizations to petition the Governor and the President to fulfill their roles in addressing pending legislation and ensuring compliance with constitutional provisions. The President can call for reports on the administration of hill areas, enabling the central government to provide necessary directives to the state.
The Governor’s acting role is not merely discretionary; it is mandated under Article 371-C and needs to be effectively executed to prevent further constitutional degradation. The ongoing political dominance of the valley has created a structural imbalance that undermines the rights of hill area tribes.
As the push for tribal rights and legislative implementation continues, it has become clear that judicial intervention may be essential. The Constitution allows for challenges against non-implementation through the Supreme Court, which has previously upheld the rights of marginalized communities. With the political landscape failing to uphold these constitutional safeguards, judicial recourse may become crucial.
The realization of Article 371-C is not a mere political desire but a necessary constitutional commitment. The persistent delay in recognizing tribal rights and the ongoing marginalization of hill communities signify an urgent call for action from both political leaders and civil society. A concerted effort is required to ensure that the constitutional framework provided by Article 371-C is fully realized, safeguarding the rights and livelihoods of tribal populations in Manipur’s hill areas.
Original Source: https://www.morungexpress.com/reassessing-article-371-c-and-why-tribes-from-hill-areas-must-go-to-the-supreme-court
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Publish Date: 2025-11-25 19:19:00
