Asymmetric Federalism And Tribal Autonomy In Mizoram: A Constitutional Analysis Of Article 371G
- IJLLR Journal
- 12 minutes ago
- 2 min read
Josephine Hnaihly, LLM, ICFAI University Dehradun.
Dr. Vivek Kumar, Assistant Professor, Department of Law, ICFAI University, Dehradun.
ABSTRACT
The constitutional framework for the State of Mizoram appears to reflect a distinctive approach to the management of diversity at the regional level, as well as the management of indigenous practices, as reflected more broadly throughout the framework of the Constitution of India. While acknowledging the authority of the larger framework, the inclusion of Article 371G of the Indian Constitution and the institutional framework reflected throughout the Sixth Schedule of the Indian Constitution seem to reflect an attempt to protect the customs, land, and social structures of the Mizo people.
This was done as part of the constitutional and political framework for the transition to the State of Mizoram.
This paper seeks to explore the constitutional design and the practical operation of these provisions in order to evaluate the extent to which they facilitate the achievement of tribal autonomy within the context of the Indian Constitution. Through a doctrinal analysis of the provisions of the constitution, the relevant legislation, and the institutional structures, the study seeks to evaluate the interface of tribal autonomy and the principles of constitutional supremacy. This includes the role of autonomous institutions, the reach of the relevant legislative provisions protecting customary law and land ownership, and the relevant constitutional restraints on the operation of these provisions.
The paper contends that the constitutional regime that is applicable in Mizoram does not establish an regime of absolute autonomy but, rather, an regime of structured autonomy, wherein the institutions that have been established by the tribals have substantial powers in relation to those matters that have an association with customary law, although these powers are still located within the overarching regime of constitutional governance. As such, it is submitted that this analysis would also be relevant in the broader context of discussing the regime of asymmetric federalism and indigenous self- governance that is located within the Indian constitutional matrix.
Keywords:
Article 371G; Sixth Schedule; Tribal Autonomy; Asymmetric Federalism; Mizoram; Indigenous Governance.
