What is Article 244A of Indian Constitution – Defination & Meaning

Article 244A: Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both
📅 Part X – The Scheduled and Tribal Areas
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Article Number

244A

part

Part X – The Scheduled and Tribal Areas

Status

Active

Bare Acts Text

Article 244A: Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor

  • (1) Notwithstanding anything in this Constitution, Parliament may, by law, form within the State of Assam an autonomous State (comprising whether wholly or in part) all or any of the tribal areas specified in Part I of the table appended to paragraph 20 of the Sixth Schedule and create therefor —
    • (a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the autonomous State, or
    • (b) a Council of Ministers,
  • or both with such constitution, powers and functions, in each case, as may be specified in the law.
  • (2) Any such law as is referred to in clause (1) may, in particular, —
    • (a) specify the matters enumerated in the State List or the Concurrent List with respect to which the Legislature of the autonomous State shall have power to make laws for the whole or any part thereof, whether to the exclusion of the Legislature of the State of Assam or otherwise;
    • (b) define the matters with respect to which the executive power of the autonomous State shall extend;
    • (c) provide that any tax levied by the State of Assam shall be assigned to the autonomous State in so far as the proceeds thereof are attributable to the autonomous State;
    • (d) provide that any reference to a State in any article of this Constitution shall be construed as including a reference to the autonomous State; and
    • (e) make such supplemental, incidental and consequential provisions as may be deemed necessary.
  • (3) An amendment of any such law as aforesaid in so far as such amendment relates to any of the matters specified in sub-clause (a) or sub-clause (b) of clause (2) shall have no effect unless the amendment is passed in each House of Parliament by not less than two-thirds of the members present and voting.
  • (4) Any such law as is referred to in this article shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution.
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Full Definition & Explanation

Article 244A of the Indian Constitution allows the formation of an autonomous state in Assam. This state can include specific tribal areas as listed in the Constitution. The article provides for the creation of a local legislature or a Council of Ministers, or both, to govern these areas. This means that tribal communities can have more control over their affairs, which is key for preserving their culture and way of life. The law can specify the powers and functions of this autonomous state, which may differ from the general laws in Assam. The article is major for tribal areas because it recognizes the unique needs of tribal populations. It empowers them to create laws on various matters, which could include education, health, and land management. This autonomy allows tribal communities to address their issues based on their customs and traditions. Additionally, any taxes collected in these regions can be allocated to the autonomous state, ensuring that local governance has sufficient financial resources. Also, Article 244A emphasizes that any amendment related to the autonomous state requires a two-thirds majority in Parliament. This provision prevents hasty changes that may undermine the autonomy of tribal areas. It also clarifies that such laws do not constitute an amendment to the Constitution, ensuring stability in governance. Overall, Article 244A plays a key role in promoting self-governance and protecting the rights of tribal populations in Assam.

Historical Context

This state can include specific tribal areas as listed in the Constitution. The article provides for the creation of a local legislature or a Council of Ministers, or both, to govern these areas. This means that tribal communities can have more control over their affairs, which is key for preserving their culture and way of life. The law can specify the powers and functions of this autonomous state, which may differ from the general laws in Assam. Article 244A of the Indian Constitution allows the formation of an autonomous state in Assam. The article is major for tribal areas because it recognizes the unique needs of tribal populations.

Key Features

– Article 244A enables the formation of an autonomous state in Assam.
– It allows for a local legislature or council of ministers.
– The article provides specific powers for governance in tribal areas.
– Any amendments require a two-thirds majority in Parliament.
– Laws made under this article do not amend the Constitution.

Importance & Impact

– Empowers tribal communities to govern themselves effectively
– Ensures local laws reflect the culture and needs of tribal populations.
– Facilitates financial resources through tax allocations to the autonomous state.
– Promotes stability in governance by requiring substantial legislative support for amendments.
– Recognizes the unique challenges faced by tribal areas in Assam.

Sample UPSC Question

Consider the following statements regarding Article 244A of the Indian Constitution: 1. It allows for the formation of an autonomous state in Assam. 2. Local legislatures can be created under this article. 3. Amendments to laws under this article require a simple majority. Which of the statements is/are correct? A) 1 and 2 only B) 2 and 3 only C) 1, 2 and 3 D) 1 only

Answer

The correct answer is A) 1 and 2 only. Article 244A does allow the formation of an autonomous state and the establishment of local legislatures. However, amendments require a two-thirds majority, not a simple majority. Article 244A of the Indian Constitution allows the formation of an autonomous state in Assam.

Key Takeaways

✓ Article 244A enables autonomous governance for tribal areas in Assam.
✓ It allows the creation of local legislatures and councils.
✓ Amendments require a two-thirds majority in Parliament
✓ It helps preserve tribal culture and self-governance
✓ The article ensures financial resources for local governance.

FAQs

Article 244A of the Indian Constitution allows the formation of an autonomous state in Assam. This state can include specific tribal areas as listed in the Constitution. The article provides for the creation of a local legislature or a Council of Ministers, or both, to govern these areas. This means that tribal communities can have more control over their affairs, which is key for preserving their culture and way of life.

It empowers them to create laws on various matters, which could include education, health, and land management. This autonomy allows tribal communities to address their issues based on their customs and traditions. Additionally, any taxes collected in these regions can be allocated to the autonomous state, ensuring that local governance has sufficient financial resources.

This provision prevents hasty changes that may undermine the autonomy of tribal areas. It also clarifies that such laws do not constitute an amendment to the Constitution, ensuring stability in governance. Overall, Article 244A plays a key role in promoting self-governance and protecting the rights of tribal populations in Assam.

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