36th Constitutional Amendment Act, 1974
36th Constitutional Amendment Act, 1974
1. Background
The 36th Amendment to the Indian Constitution was enacted to address the status of the Union Territory of Manipur. Before this amendment, Manipur was a Union Territory with limited legislative powers.
2. Purpose of the Amendment
The 36th Amendment Act of 1974 aimed to convert Manipur from a Union Territory into a full-fledged State of the Indian Union.
3. Key Changes Brought by the Amendment
Insertion of Manipur as a State:
Manipur was added to the First Schedule of the Constitution as a new state of India.
Legislative Powers:
The amendment granted Manipur the power to have its own legislative assembly and government, like other states.
Article 371C:
This article was inserted to provide special provisions for the protection of tribal areas in Manipur. It gave the Governor of Manipur special powers regarding the administration of tribal areas.
4. Significance
The amendment recognized Manipur’s distinct identity, culture, and need for political autonomy.
It was part of the wider reorganization of Northeastern India, promoting better governance and regional development.
Allowed Manipur to participate fully in the federal structure of India as a state, with legislative and executive powers.
5. Related Constitutional Provisions
Article 2: Empowers Parliament to admit or establish new states.
First Schedule: Lists the States and Union Territories of India.
Article 371C: Special provisions relating to Manipur (inserted by this amendment).
6. Case Law Related to the 36th Amendment
Though there are no landmark Supreme Court cases directly challenging the 36th Amendment, several cases deal with the special provisions under Article 371C and governance in Manipur:
Nikhil Bharat Sanchar Nigam Ltd. v. Union of India (1997)
Discussed the scope of special provisions under Article 371C.
The Court upheld the Governor’s powers in administering tribal areas and maintaining law and order under Article 371C.
State of Manipur v. Kh. Joykumar Singh (1995)
The case dealt with administrative powers under the special provisions of Article 371C.
Affirmed that the Governor has discretionary power concerning tribal areas in Manipur, balancing development and tribal rights.
7. Conclusion
The 36th Constitutional Amendment Act, 1974 was a crucial step in integrating Manipur fully into the Indian Union as a state. It recognized the need for self-governance and protection of tribal interests through special provisions under Article 371C. This amendment strengthened India's federal structure by accommodating the unique socio-political realities of the Northeastern region.
RELATED Blog
0 comments