M.

VENKADA LAXMI
CLASS:7 DIVISION: A
YEAR: 2019
AMRITA VIDYALAYAM, THOOTHUKUDI.

INTRODUCTION:
A nation is a stable community of people, formed on the
basis of a common language, territory, history, ethnicity, or psychological
make-up manifested in a common culture.
. A constitution is an aggregate of fundamental principles or
established precedents that constitute the legal basis of a polity, organisation or
other type of entity, and commonly determine how that entity is to be governed.

SPECIAL POWERS:
Special powers were given to several states in India.
Some states are,
1)Jammu and Kashmir
2)Nagaland
3)Manipur
4)Assam
5)Sikkim
6)Mizoram
SPECIAL POWERS IN JAMMU AND KASHMIR:

While Article 35A granted under Article 370 gave J&K special status,
Article 371 was brought in to create special provisions for Maharashtra and
Gujarat. Both these Articles have existed from the time the constitution was
adopted in 1950.

However, the parliament, under powers granted by Article 368, added a

number of constitutional provisions under Article 371 to grant special powers
and privileges to as many as several other states.

SPECIAL POWERS IN NAGALAND:

Take Article 371A which bestows special powers on Nagaland. The

state can have its own administrative and legal mechanisms based on the
Naga customary laws, and the right to carry on religious and local social
practices. People can have land ownership and the right to transfer land and
other resources as per local practices. The provision also grants special
powers to the governor to overrule the decision of the chief minister on a law
and order situation.

This past January, chief minister Nephi Rio, banking on that special
status of the state, wrote to the Union home ministry after a cabinet resolution
that the Modi government’s decision to amend the Citizenship Act,
1955 would not be applicable in Nagaland.

SPECIAL POWERS IN ASSAM:

Article 371B, meant for Assam. As per that provision, the president can
bestow his powers on the state’s governor to set up a committee of the
legislative assembly consisting members of the house elected from the tribal
areas of the state. Besides, there is Article 244A, which was inserted into the
constitution in 1969, as per which Assam was granted special powers to set up
autonomous councils. This is aside from the provisions granted to the tribal
states of the Northeast under the sixth schedule of the constitution.
SPECIAL POWERS IN SIKKIM:
Article 371F is for Sikkim as per which it became an Indian state
in 1975. Though elections to its assembly were to be conducted every four
years under this provision, it has already been flouted, leading to filing of
petition in the Sikkim high court early this year.

SPECIAL POWERS IN MANIPUR:

Article 371C was brought in to generate certain special
provisions for Manipur. According to that provision, the president has the
same right as in the case of Assam to form a committee of tribal MLAs
through the governor, aside from granting her the responsibility to submit
an annual report to the president in regard to the administration of the hill
districts. It is based on this provision that the hill districts have a Hill Area
Committee (HAC) comprising elected tribal lawmakers.

SPECIAL POWERS IN ANDHRA PRADESH:

Article 371D and E are meant for Andhra Pradesh which grants the
president certain special powers over the state government, including ensuring
reservation in employment and education.

RECENT NEWS ON AVOIDING SPECIAL POWERS:

In Jammu and Kashmir, the special powers of that state was
cancelled. The announcement of the Narendra Modi government’s
decision in parliament to scrap the exclusive position enjoyed by the state
of Jammu and Kashmir under Article 370 of the constitution has brought
about mixed responses from both political parties and the public at large.

While Article 35A granted under Article 370 gave J&K special
status, Article 371 was brought in to create special provisions for
Maharashtra and Gujarat. Both these Articles have existed from the time
the constitution was adopted in 1950.

However, the parliament, under powers granted by Article 368,

added a number of constitutional provisions under Article 371 to grant
special powers and privileges to as many as nine other states.
INDIA IS A FEDERALISTIC COUNTRY:
Federalism in India describes the distribution of legal authority across
national, state and local governments in India. It is embedded from the
Canadian model of federalism.
The Constitution of India establishes a federal structure to the Indian
government, declaring it to be a "Union of States". Part XI of India
the constitution specifies the distribution of legislative, administrative and
executive powers between the Central government and the States of India. The
legislative powers are categorised under a Union List, a State List and a
Concurrent List, representing, respectively, the powers conferred upon the
Union government, those conferred upon the State governments and powers
shared among them.

POSSIBILITIES OF ONE NATION AND CONSTITUTION:

In Jammu and Kashmir, in the case of Jammu & Kashmir, there
is an 'external angle’, especially in terms of providing
for a separate Constitution for J&K, thought towards
the possibility of an 'external angle', either existing. In attesting India's
assertion that it was an 'internal matter' of the nation.
Now that both Houses of Parliament have approved the abrogation of
Article 370 and 35-A of the Constitution, which had inter alia, a ‘special
status’ on the troubled border State of Jammu & Kashmir, it may be time
to muse about the future, rather than the hoary past, given to multiple
interpretations – some loud and the other, feeble. As official spokesmen
have been consistent, it is purely an ‘internal affair’ of the Union, a line
that successive Governments at the Centre have been taking since
Independence. But in the case of Jammu & Kashmir, there is an ‘external
angle’, which surely the Government strategists would have thought about
even more closely, for possible fallouts and meaningful retorts, which may
or may not stop with the verbal kind.
Barring an embarrassing mention by the Congress Leader of the
Opposition, Adhere Ranchman Chowdhury in the LokSabha, the rest of the
domestic political discourse and parliamentary debates have only
reiterated the firm Government resolve that Kashmir is only an ‘internal
matter’ of the Union. Most members of the international community,
starting with the US, have attested the Indian position.
 Similarly, in Pakistan, the government would scrap Article 370 of the
Indian Constitution. Kashmir, a Majority-Muslim region in both India and
Pakistan's north, has been. The worry is that any escalation might push the
two nations over the told me there's a “possibility of more terrorists coming in
from Pakistan to 'fight.

CHALLENGES IN ONE NATION AND CONSTITUTION:

.

The constitutional position of J&K has been altered in a manner. It might

also take many months for a constitution bench of the court to allow such a
challenge. No constitution amendment, no long-winded debates, Today, having
consolidated into a modern nation-state with rockets, bombs and
boats, a bankrupt treasury, and several more challenges that bore India down.
One wonders if what India has been witnessing in the last decade or so
threatens the liberal democratic ethos envisaged in the Constitution for
independent India. ... a nation made of the ethnic majority which could rally
around an internal challenge mainly from the minorities, and even constraints.

BIBLIOGRAPHY:
1)Thewire.in
2)Oronline
3)Trogon Josh
4)Telegraph India