In poll-bound Meghalaya, rat-hole coal mining hopes ride on Article 371

In poll-bound Meghalaya, rat-hole coal mining hopes ride on Article 371

Sub: Polity

Sec: Constitution

Context:- A regional party, the Voice of the People Party (VPP), has suggested that bringing Meghalaya under Article 371 could help resume rat-hole coal mining, which has been banned since April 2014.

They  cited Nagaland’s Article 371A, which guarantees protection of land, resources, and customary laws, as a model for Meghalaya.

Argument for Article 371 in Meghalaya

• The National Green Tribunal (NGT) banned rat-hole mining in Meghalaya in 2014, and the Supreme Court upheld the ban, extending it to other northeastern states.
• Rat-hole mining continues uninterrupted in Nagaland because NGT cannot interfere due to Article 371A.
• The Sixth Schedule provides district councils the power to make laws on land, forests, and social customs.
• VPP’s stand: If Meghalaya gets Article 371, no central laws (such as the NGT ban) could be imposed.

Counterarguments Against Article 371 for Meghalaya

• Most parties disagree with the demand for Article 371, stating it is incompatible with the Sixth Schedule.
• Leader of the United Democratic Party (UDP) and Meghalaya’s Tourism Minister, stated that Article 371 and the Sixth Schedule cannot co-exist.

About Article 371

Article 371 of the Indian Constitution provides special provisions for certain states based on their unique social, cultural, economic, and political conditions. The provisions differ from state to state.

• Article 371 (Maharashtra and Gujarat)
  • Allows the establishment of development boards for Vidarbha, Marathwada, Saurashtra, and Kutch.
  • Ensures equitable distribution of resources and opportunities in these regions.
• Article 371A (Nagaland)
  • Grants special protection to land, resources, and customary laws.
  • No parliamentary act related to ownership and transfer of land and its resources applies to Nagaland unless approved by the state legislature.
• Article 371B (Assam)
  • Provides for the creation of a committee of elected representatives from the Tribal Areas of Assam.
• Article 371C (Manipur)
  • Establishes a Hill Areas Committee for protection of tribal interests.
• Article 371D & 371E (Andhra Pradesh and Telangana)
  • Ensures equitable distribution of resources and educational opportunities.
  • Article 371E allows for a Central University in Andhra Pradesh.
• Article 371F (Sikkim)
  • Special provisions to protect the traditional laws, land ownership, and culture of Sikkimese people.
• Article 371G (Mizoram)
  • Protects Mizo customary laws, land ownership, and religious practices.
• Article 371H (Arunachal Pradesh)
  • Special provisions regarding law and order in Arunachal Pradesh.
• Article 371I(Goa)
  • Article 371-I of the Constitution of India is a special provision for the state of Goa. It was added in 1987 by the 56th Amendment Act
• Article 371J (Karnataka)
  • Provides for special reservation in education and government jobs for people from the Hyderabad-Karnataka region.

Sixth Schedule and Autonomous District Councils (ADCs)

• The Sixth Schedule of the Indian Constitution provides special autonomy to tribal areas in the northeastern states of India.
• States Covered Under the Sixth Schedule
  • Assam
  • Meghalaya
  • Tripura
  • Mizoram
• Paragraph 12A of sixth schedule: Allows state laws to override ADC laws in case of conflict.
• Membership: ADCs have up to 30 members with a term of five years, of whom four are nominated by the governor and the remaining 26 are elected on the basis of adult franchise.
• Tenure:five years from the date of their constitution.

Powers:

• Power to make laws on land, forests, village administration, social customs, and inheritance
• Power to establish and manage primary schools, dispensaries, markets, and roads.

Rat-Hole Mining and Its Environmental Concerns

• A hazardous method of coal extraction involving narrow tunnels dug by miners.
• Major concerns:
  • Environmental damage (deforestation, groundwater contamination).
  • Unsafe working conditions (frequent accidents, child labor issues).
  • Banned by the NGT in 2014 due to safety and environmental reasons.
• Continues illegally in some regions despite the ban.