What is Article 371 all about? Understanding its protections

Recently, Mallikarjun Kharge, the Congress president mentioned Article 371 at a public rally. This mere incident was enough to create a stir. The BJP called it a "horrendous mistake", while the Congress party said that this was merely a "slip of tongue".

The Congress chief was criticized by Home Minister Amit Shah recently on April 6 for criticizing the Prime Minister of the country for talking about Article 370 in a public rally. What do such Articles talk about? Let's understand.

Article 371 of the Constitution

India is a quasi-federal country and thus accommodates various languages, religions, and identities. In the view of the Constitution of the country, the State governments and the Union government are actually interdependent to order to make sure that the country works as a whole. The residual powers, however, lie with the Centre.

Are all states equal? Well, not really. There exists an asymmetry in the working of the Indian federalism and it can be seen through Article 370. This provision is at present abrogated, but as per this provision, the State of Jammu Kashmir was given with its very own Constitution. Moreover, the state had the privilege of not having any law of India automatically applicable to the territory of Jammu and Kashmir. Every law passed by the Parliament to be followed in the state of Jammu and Kashmir required the assent of the State Assembly. Moreover, the state was permitted to holds its very own Criminal Procedures and Penal Codes. The President was empowered to notify the Constitutional provisions that could be extended to the territory.

It was in the year 2019 when Article 370 was revoked. However, it would be wrong to say that special status was only unique to Jammu and Kashmir.

At present, there are 12 States in the country that hold the privilege of special powers as per Article 371 of the Indian Constitution. These states include Gujarat, Manipur, Sikkim, Nagaland, Arunachal Pradesh and more. Moreover, the Union has suggested that it is planning to extend the powers of Article 371 to Ladakh as well. 

There are multiple protections provided under Article 371. These protections range from the power to establish development boards to the protection to ownership of land.