Part X - The Scheduled and Tribal Areas • Article

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

Article 244A empowers Parliament to create an autonomous State within the state of Assam, comprising specified tribal areas, and to set up a local legislature, a Council of Ministers, or both for that autonomous State. Such a law is passed by Parliament and does not require a constitutional amendment under Article 368, though amendments to it require a two-thirds majority in Parliament.

Official Text

(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,-. Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for "Meghalaya and Tripura" (w.e.f. 20-2-1987). 5. Subs. by s. 39,ibid., for "Meghalaya and Tripura and the Union territory of Mizoram". (w.e.f. 20-2-1987). 6. Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 2 (w.e.f. 25-9-1969). 7. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for "Part A" (w.e.f. 21-1-1972). (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.]

Simple Meaning

Explain Like Ten

This special rule lets the national Parliament create a sub-state (an autonomous state) inside the state of Assam for the tribal areas. This sub-state can have its own local parliament and cabinet ministers to run local affairs without fully separating from Assam.

Student Mode

Example

Using the powers under Article 244A, Parliament passed the Assam Reorganisation (Meghalaya) Act, 1969, which created Meghalaya as an autonomous state within Assam with its own legislature and cabinet, before it eventually became a full-fledged state in 1972.

Key Takeaway

Article 244A provides a unique constitutional mechanism to satisfy local tribal demands for self-governance in Assam without dividing state boundaries immediately.

FAQs

Which state does Article 244A specifically apply to?

Article 244A applies specifically to the State of Assam.

Was any state created or transitioned using this mechanism?

Yes. Meghalaya was initially created as an autonomous state within Assam in 1969 using the powers under Article 244A, before becoming a full-fledged state in 1972.

Quiz

Which article of the Constitution allows the formation of an autonomous state within Assam?

Answer: Article 244A

Under Article 244A, a law passed by Parliament to form an autonomous state is:

Answer: Not deemed to be a constitutional amendment under Article 368