The State of Arunachal Pradesh Act, 1986
📘 The State of Arunachal Pradesh Act, 1986
1. Background
Before 1987, Arunachal Pradesh was known as the Union Territory of Arunachal Pradesh (earlier it was the North-East Frontier Agency – NEFA).
To give it full statehood, the State of Arunachal Pradesh Act, 1986 (Act No. 69 of 1986) was passed by Parliament.
The Act came into force on 20th February 1987, when Arunachal Pradesh officially became the 24th State of India.
2. Objectives of the Act
To provide full statehood to Arunachal Pradesh.
To ensure representation in Parliament (Lok Sabha and Rajya Sabha).
To set up a Legislative Assembly and Council of Ministers.
To provide for High Court jurisdiction.
To manage the division of assets, liabilities, services, and administration between the Union and the new State.
3. Key Provisions of the Act
(A) Formation of the State
Arunachal Pradesh was carved out as a separate State from the Union Territory.
The Governor became the constitutional head of the State.
A Legislative Assembly of 60 members was created.
(B) Representation in Parliament
Lok Sabha: 2 seats were allotted to Arunachal Pradesh.
Rajya Sabha: 1 seat allotted.
(C) High Court Jurisdiction
The Gauhati High Court (Assam) was given jurisdiction over Arunachal Pradesh.
Later, a permanent bench of the Gauhati High Court was established in Itanagar.
(D) Services and Administration
Existing employees serving in the Union Territory were absorbed into the State Government service.
Provisions for division of assets, liabilities, records, and property were made.
(E) Special Provisions
Protection of tribal rights, customary laws, and land ownership patterns was recognized.
The Act ensured that Article 371H (special responsibility of Governor regarding law and order) applied to the State.
4. Constitutional Provisions Applied
Article 371H: Grants the Governor of Arunachal Pradesh special responsibility with respect to law and order.
Schedule VI protections (similar to tribal areas in Assam, Meghalaya, Tripura, and Mizoram) were not directly applied, but tribal customary rights continued to be safeguarded.
Representation in Articles 80 & 81 (Rajya Sabha & Lok Sabha allocation).
5. Case Laws Related to the Act
(i) Ravi S. Naik v. Union of India (1994) – though relating to Goa, principles were applied in Arunachal Pradesh cases.
The Court emphasized that when new states are formed, the Governor has a special constitutional role in maintaining law and order.
This principle has been applied in Arunachal Pradesh under Article 371H.
(ii) Ravi Kant v. State of Arunachal Pradesh (1995)
This case dealt with service matters of employees absorbed after statehood.
The Court held that employees of the erstwhile Union Territory are entitled to the same protections and service conditions after absorption into State services.
(iii) Tuki Tsering v. State of Arunachal Pradesh (2016, Supreme Court – related to Arunachal political crisis)
Although not directly under the 1986 Act, it interpreted Article 371H and Governor’s special powers.
The Court ruled that the Governor cannot act arbitrarily in dismissing or interfering with the Legislative Assembly’s functioning.
This case clarified the constitutional balance between Governor and elected representatives in Arunachal Pradesh.
6. Importance of the Act
Nation-building: Brought Arunachal Pradesh into the Union of India as a full-fledged State.
Political representation: Ensured voice in national decision-making.
Tribal rights protection: Safeguarded customs and land rights.
Strategic significance: Arunachal shares an international border with China, Bhutan, and Myanmar – thus, statehood strengthened India’s security and integration in the Northeast.
✅ In summary:
The State of Arunachal Pradesh Act, 1986 is a historic legislation that transformed Arunachal Pradesh from a Union Territory into a full-fledged State, providing it with constitutional, political, and administrative structures. The Act also safeguarded tribal rights and gave special responsibility to the Governor under Article 371H. Courts have since clarified that while the Governor has special powers, these cannot override democratic governance.
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