Introduction
Article 244A gives Parliament the power to create an autonomous state within Assam. It applies to specific tribal areas listed under the Sixth Schedule of the Constitution. This Article strengthens self-governance for tribal regions. It does not grant full statehood. It allows deeper legislative and executive autonomy within Assam. The Constitution introduced this Article to address long-standing tribal demands for self-rule.
Why Was Article 244A Introduced?
The Indian Parliament introduced Article 244A through the Constitution Twenty-second Amendment Act of 1969. Tribal communities in Assam’s hill areas demanded more control over their affairs. These demands grew stronger during the 1950s and 1960s. The creation of Meghalaya in 1972 shaped these expectations. Leaders from regions like Karbi Anglong and Dima Hasao chose to remain within Assam. They relied on the promise of autonomy under Article 244A. The Article aimed to balance unity with regional aspirations.
Which Areas Come Under Article 244A?
Article 244A applies only to tribal areas listed in Part I of the Sixth Schedule. These areas fall within Assam. The Constitution identifies them in a specific table under paragraph 20 of the Sixth Schedule. Parliament can include the whole area or only a part of it. The decision rests entirely with Parliament. This focused scope keeps the provision region-specific and constitutionally controlled.
How Can Parliament Create an Autonomous State Under Article 244A?
Clause one of Article 244A empowers Parliament to act through ordinary law. Parliament can form an autonomous state within Assam. It can also establish a local legislature. This legislature may be fully elected or partly nominated. Parliament may also create a Council of Ministers. It can create both institutions together. Parliament defines their structure and authority. This process avoids the need for a constitutional amendment.
What Legislative Powers Can the Autonomous State Receive?
Clause two explains the powers Parliament may grant. Parliament can transfer subjects from the State List or the Concurrent List. It may grant these powers exclusively or share them with Assam. Parliament decides how laws apply within the autonomous state. The local legislature can make laws on assigned subjects. This power strengthens regional law-making while preserving national unity.
What Executive and Financial Powers Are Allowed?
Article 244A also allows Parliament to define executive authority. The autonomous state may exercise executive power over the transferred subjects. Parliament can also allocate a share of Assam’s taxes to the autonomous area. These funds must relate to taxes collected from that region. Parliament may treat the autonomous state as a “State” for specific constitutional references. This flexibility improves governance and financial independence.
Why Does Article 244A Need Special Amendment Protection?
Clause three provides strong safeguards. Any law that changes legislative or executive powers needs a special majority. Parliament must pass such amendments with a two-thirds majority in both Houses. This rule protects the autonomy once granted. It ensures stability and trust for tribal regions. It prevents frequent political interference.
Is a Law Under Article 244A a Constitutional Amendment?
Clause four removes confusion. It clearly states that laws under Article 244A do not count as constitutional amendments. Article 368 does not apply to them. Parliament can pass these laws through the normal legislative process. This design makes implementation easier. It also keeps flexibility within constitutional limits.
Has Parliament Ever Created an Autonomous State Under Article 244A?
No autonomous state exists under Article 244A so far. Parliament has never used this power. The tribal areas continue under Sixth Schedule Autonomous District Councils. These councils provide limited autonomy. Many tribal groups believe this falls short of the constitutional promise. This gap keeps Article 244A relevant even today.
Why Is Article 244A Still Important Today?
Article 244A remains a key issue in Assam’s politics. Regions like Diphu Lok Sabha constituency raise this demand regularly. Ethnic groups seek stronger self-rule and recognition. Article 244A offers a constitutional path without breaking Assam’s territorial integrity. It reflects India’s model of asymmetric federalism. It allows different regions to have different governance structures.
How Does Article 244A Fit Into India’s Federal System?
Article 244A works alongside Article 244 and the Sixth Schedule. It complements Article 371B, which addresses tribal representation in Assam. Together, these provisions protect tribal identity and governance. Article 244A stands out because it allows near-state-level autonomy. It shows how the Constitution adapts to diversity.
Conclusion
Article 244A represents an unfulfilled constitutional promise. It offers a peaceful and legal solution to autonomy demands. Parliament still holds the key to its implementation. If used wisely, it can strengthen trust between the state and tribal communities. It can also deepen cooperative federalism. Article 244A continues to shape debates on autonomy, identity, and governance in Northeast India.
