The ongoing Manipur crisis, fueled by demands for greater autonomy, highlights the urgent need for constitutional accommodation to manage diversity. Swift resolution is essential to restore peace and address the growing unrest in the state.

Role of ‘Special Provisions’ in Managing Diversity

• Diversity management is a distinctive feature of the Indian Constitution, with “special provisions” included to address the unique problems of various States. 
• States like Maharashtra, Gujarat, Nagaland, Assam, Manipur, and Sikkim, among others, have been entitled to these provisions, aimed at ensuring equitable development or safeguarding cultural identities.
• The Constitution has evolved to reconcile competing and conflicting identities, especially in the northeastern States. 
• This reconciliation has often taken the form of institutionalising power-sharing, representation, and autonomy in governance to accommodate socio-political backgrounds and concerns of various communities. 

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Let’s Understand this through 2 Case studies: Sikkim and Tripura

Sikkim

1. Kingdom Status(Pre 1975)

• Sikkim was an independent kingdom ruled by a Buddhist monarchy.
• The Chogyal (King) served as the head of state.
• It was under British protection from 1861 to 1947 and later became an Indian protectorate from 1947 to 1975.

2. Pre-Merger Demographics and Politics

A) Population Composition

• Bhutia(Tibetan origin)-Lepcha (original inhabitants): A minority group that traditionally held power.
• Nepali(migrants): Gradually became the majority, creating a sensitive ethnic balance.

B) Political System

• Governed by the Chogyal’s monarchy with limited democracy introduced.
• Rising democratic aspirations alongside ethnic representation issues.
• Increasing pro-India sentiment among the populace.

Merger Protests (1973-1975)

The growing tension between the monarchy and pro-democracy forces, coupled with India’s increasing influence, led to a series of events:

• 1973: Anti-monarchy protests erupted. 
• 1974: A tripartite agreement was reached between India, Sikkim, and political parties.
• 1975: A referendum held, with 97.5% voting for merger with India.
• May 16, 1975: Sikkim became the 22nd state of India.

Constitutional Changes

• After the merger, it became crucial to protect Sikkim’s unique cultural and ethnic diversity, especially given the historical imbalances between the Bhutia-Lepcha and Nepali communities. 
• The 36th Constitutional Amendment (1975) introduced Article 371F to safeguard Sikkim’s special status. This article provided unique accommodations to maintain ethnic harmony and social balance.
• Article 371F Provisions:
  • Protected existing Sikkimese laws.
  • Provided special rights for various communities.
  • Reserved seats in the Assembly.
  • Assigned specific responsibilities to the Governor.
  • Safeguarded old land transfer laws.
• Assembly Representation:
  • Total Seats: 32
  • Distribution:
    • 12 seats for the Bhutia-Lepcha community.
    • 1 seat for Sangha (Buddhist monasteries).
    • 2 seats for Scheduled Castes.
    • 17 general seats (primarily for the Nepali community).
  • Disproportionate representation was allowed to address historical imbalances.

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Constitutional Challenge

• In R.C. Poudyal (1993), the increased representation of the Bhutia-Lepcha community was challenged for violating proportionality norms.
• The Court upheld the constitutionality of Article 371F(f), justifying special arrangements based on historical necessity to ensure political stability and protect cultural identities.

Key Observations

• Recognition of Historical Necessity: The Court acknowledged the unique socio-political history of Sikkim.
• Cultural Protection: Emphasised the need for safeguarding minority identities.
• Justification for Unequal Treatment: Historical injustices and demographic shifts warranted special provisions.
• Balance for Stability: Ensured that representation facilitated a balanced and stable governance structure.

Tripura (Sixth Schedule Case)

Background

• Tripura, once a princely state ruled by a Hindu king, joined India in 1949. 
• Unlike Sikkim, Tripura faced significant demographic changes, particularly with the influx of Bengali refugees from East Pakistan (now Bangladesh) following Partition in 1947. 
• This migration dramatically altered Tripura’s demographic composition, leading to tensions between the indigenous Tripuri tribal population and the migrant Bengali population.

Issues Faced

• Tribal vs. Non-Tribal Tensions:
  • Land Alienation: Tribal lands were lost to Bengali settlers, leading to grievances over land loss.
  • Marginalisation: Tribal communities faced cultural dilution and political underrepresentation.
    • Economic backwardness exacerbated feelings of marginalisation.
• Rise of Militancy:
  • Several militant groups emerged, including:
    • Tripura National Volunteers (TNV)
    • Tribal National Liberation Front
    • All Tripura Tiger Force
  • Violence peaked in the 1980s, marked by frequent ethnic clashes and strong separatist demands, creating a critical law and order situation.

Managing Diversity

1. Tripura Tribal Areas Autonomous District Council (TTAADC).

To address these issues, the Sixth Schedule of the Constitution was extended to Tripura in 1984 via the 49th Constitutional Amendment, establishing the Tripura Tribal Areas Autonomous District Council (TTAADC).

The TTAADC was granted significant powers to manage tribal affairs, including:

• Land and forest management (except reserved forests)
• Establishment of village and town committees
• Regulation of marriage and social customs
• Property inheritance matters
• Primary education in tribal areas
• Agriculture and water resource management
• Collection of local taxes
• Administration of a traditional justice system

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2. Assembly Seats Reservation

Tripura Accord (1988)

• Before the Tripura Accord of 1988, the tribal population in Tripura constituted around 28-30% of the state’s total population. 
• Despite this, tribal political representation in the legislative assembly was a contentious issue, with tribal leaders demanding greater representation proportional to their historical status and land rights.
• Background: This accord followed years of negotiations involving multiple stakeholders: the central and state governments, TNV leaders, and tribal representatives.
• Key Provisions:
  • Increased Representation: Assembly seats reserved for tribal groups increased from 17 to 20, despite their declining population, symbolising government efforts to empower these communities.
  • Included special development packages and rehabilitation for surrendered militants.
  • Enhanced powers were given to the TTAADC.

3. Constitutional Changes

• Article 332(3B) was added through an amendment, legalising a higher proportion of reservation for the tribal population.
• Supreme Court Ruling: In the Subrata Acharjee (2002) case, the Supreme Court upheld the reservation scheme, emphasising the need for a scheme of “accommodations and adjustments” rather than strict “arithmetical precision” to promote stability and peace in tribal areas.

Implications of the Above Case Studies

• Constitution as a Diversity Management Tool: The Tripura case highlights that the Constitution can effectively manage diversity through special provisions tailored to regional needs, addressing ethnic tensions and demographic changes.
• Managing Diversity: Diversity naturally brings anxiety about representation and resource allocation. Constitutional frameworks can alleviate these concerns by ensuring equitable representation and fostering stability.
• Trust Among Communities: Trust between communities is crucial for peaceful coexistence. Constitutional protections for diverse groups can enhance mutual respect and cooperation.

Key Demands of Manipur

• Unlike the Sixth Schedule, the establishment of a District Council in Manipur is governed under a separate statute(Manipur Hill Areas Autonomous District Council Act, 2000) 
  • Under the statute, a District Council is required to be incorporated and membership to the council is based on classification as a Scheduled Tribe. 
• Strangely, unlike the veto power possessed by the Scheduled Tribes in States such as Nagaland, Sikkim and Tripura, no specific provisions exist in the case of Manipur.
• Amid rising tensions in Manipur, issues related to representation, resource allocation, and perceived dominance by certain communities have intensified anxieties and deepened social divisions.

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Way Forward

The Constitution, as a transformative document, has evolved to reconcile differences in diverse regions. The Supreme Court’s observations in R.C. Poudyal reaffirms the need for democratic adjustments in pluralistic societies. Solutions to the Manipur crisis must emerge from constitutional principles, fostering peace and inclusivity.

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