Answer:

The relationship between union and states is not uniform in India. Though the division of powers adopted by the constitution is common to all states yet the constitution has provided for special provisions to accommodate the wide-ranging social and cultural diversity of Indian states.

Most of the special provisions pertain to North-Eastern (N-E) states and state of Jammu and Kashmir (J&K). Article 371 of the constitution deals with such special provisions not only w.r.t NE states but also Andra Pradesh, Gujarat and Maharashtra. Special provisions under article 371 A and G treats states of Nagaland, and Mizoram differently.

♤ Special provisions to Nagaland and Mizoram states are given to address the problem of law and order. The sizeable indigenous tribal population with distinct history and culture wish to be governed by their own laws, customs and traditions. They were introduced to stem alienation and insurgency in these states. Closer look at the present situation in Nagaland point to otherwise. In case of Nagaland provisions have been able to address insurgency and large scale violence but law and order problem still persists. Naga leaders approached central government in 2012 to seek political means for lasting peace within the state. In case of Mizoram problem of insurgency has been addressed successfully following the Mizoram peace Accord signed between government and Mizo National Front (MNF) in 1986.

♤ The other State, which has a special status is Jammu and Kashmir. Immediately after Independence Pakistan and India fought a war over Kashmir. Under such circumstances the Maharaja of Kashmir acceded to the Indian union. Most of the Muslim majority States joined Pakistan but J&K was an exception. Under these circumstances, it was given much greater autonomy by the Constitution under article 370. However, in practice the autonomy is much lesser than what the article suggests. Though insurgency is substantially addressed in the state, problem of alienation and breach of the trust is potent. There is growing demand in the state for greater autonomy in practice as defined in article.

♤ Many people believe that a formal and strictly equal division of powers applicable to all units (States) of a federation is adequate. Therefore, whenever such special provisions are created, there is some opposition to them. There is also a fear that such special provisions may lead to separatism in those areas. Therefore, there are controversies about such special provisions.

Though there are apprehensions on the special provisions mentioned, yet it has been seen that those special provisions in constitution have contributed to the health of the federation. They ought to portray the fundamental goal of preserving the diversities under broad unity. These provisions should be followed in letter and spirit to strengthen the feeling of oneness in the people.