The Constitution (Fifty-fifth Amendment) Act, 1986, introduced Article 371(H) into the Constitution of India, which paved the way for the creation of Arunachal Pradesh.
However, Article 371H does not provide special rights or protections to the indigenous communities or elected representatives of the state. Instead, it grants special provisions to the Centre through the governor of Arunachal Pradesh. This article gives the governor extraordinary powers over law and order in the state. While it states that the governor shall act after consulting the council of ministers, it also grants him the authority to “exercise his individual judgment as to the action to be taken.” Importantly, the governor’s decisions under this article cannot be questioned.
Over the years, the state government has twice written to the Centre, requesting the removal of Article 371H, as it does not offer any real rights to the people of Arunachal Pradesh. These documents were sent in 1998 and 2006, urging amendments to the Constitution to replace Article 371H with Articles 371(A) and 371(G). These articles provide constitutional protections for the people of Nagaland and Mizoram, safeguarding their rights over land and resources. In these states, the people have control over their land and resources, and they must grant permission for these to be taken away.
There have been efforts to either bring Arunachal Pradesh under the Sixth Schedule of the Constitution or strengthen Article 371H to better protect the state’s indigenous people, culture and resources with a cabinet decision on the issue in 2020.
However, these efforts have not been followed up seriously by the state.
It is perhaps understandable that no serious action has been taken, as such changes could undermine the state’s control over the resources in Arunachal.
As the state turns 39, perhaps an attempt should be made to safeguard the rights to land and resources and to determine the future of the indigenous people.