ZC Demand to GoI: Autonomous Tribal State Under Provision 244A

The Zomi Council has demanded, to the Government of India, for “Creation of an Autonomous Tribal State in Manipur, under the provision of Art.244A of the Constitution of India’’. In a memorandum submitted to the Hon’ble Home Minister, the Zomi Council pointed out this to be the most workable solution, if not the best, to solve the present problems besetting the State in the state of Manipur.

Justifying on their demand for Creation of an Autonomous Tribal State in Manipur, under the provision of Article 244A of the Constitution of India, the Zomi Council stated that the majority community become too sensitive towards tribal issue. The majority community remains suspicious of every tribal move, even if it was with the best intention. The memorandum further stated that the tribesmen began to lost confidence in the leadership of majority community. The repeated anti-tribal policies and stand adopted on tribal issues-both overt and covert- pushed the tribal to the extend of believing that, “ It is far better to live separately in peace than to live together in a mixed set-up with the possibility of incessant discords”. 

Article 244 (A) states --

244 A. 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 7[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.