The North-Eastern Council Act, 1971
The North-Eastern Council Act, 1971
Background:
The North-Eastern Council Act, 1971 was enacted by the Indian Parliament to establish the North-Eastern Council (NEC), a regional planning body for the northeastern states of India. The Act was part of the Indian government's efforts to promote balanced development, integration, and cooperation among the northeastern states, which had unique geographical, cultural, and socio-economic challenges.
The northeastern region consists of seven states: Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, and Tripura (sometimes referred to as the “Seven Sisters”). The NEC was created to foster economic and social development by coordinating plans and policies across these states.
Objectives:
To establish the North-Eastern Council as a regional planning body.
To promote economic and social development of the northeastern states.
To provide a platform for coordination, cooperation, and consultation among the states and with the Central Government.
To help reduce regional disparities and promote balanced development.
To support projects and schemes relating to infrastructure, industry, education, and welfare in the region.
Applicability:
The Act applies to the seven northeastern states mentioned above.
The Council works in coordination with the Central Government and State Governments.
The NEC functions as an advisory and planning agency.
Key Provisions:
1. Constitution of the North-Eastern Council (Section 3)
The NEC consists of the Governors of the States, the Chief Ministers, and a few nominated members.
The Council is chaired by the Union Minister of Development of the North Eastern Region.
The NEC acts as a regional forum for discussion and decision-making on matters concerning development.
2. Functions of the Council (Section 4)
To formulate regional plans for the economic and social development of the northeastern states.
To coordinate development programs and projects among the member states.
To promote inter-state cooperation in fields such as infrastructure, transport, industry, education, and health.
To advise the Central Government and State Governments on regional development matters.
3. Powers of the Council (Section 5)
To take up schemes and projects for regional development.
To allocate funds and resources for development projects.
To coordinate with other governmental and non-governmental agencies involved in development.
To perform any other function necessary to achieve the objectives of the Council.
4. Funding and Financial Provisions (Section 6)
The Central Government provides financial assistance to the NEC.
The member states contribute to the Council’s funds as specified.
The NEC can receive grants, loans, or donations for development work.
5. Meetings and Procedures (Section 7-9)
The Council meets regularly to review progress and approve plans.
Decisions are taken by consensus or majority as per the rules.
Procedures for nomination, tenure, and other administrative details are outlined.
Important Features:
Acts as a specialized regional planning body with both advisory and executive roles.
Facilitates coordinated regional development addressing the unique needs of northeastern India.
Encourages inter-state cooperation and consultation to maximize resource utilization.
Enhances the voice of northeastern states in the Central Government’s planning process.
Supports infrastructure, industrialization, education, and social welfare projects in the region.
Relevant Case Law:
1. North Eastern Council v. State of Arunachal Pradesh (2003)
Issue: Dispute regarding the scope of NEC’s power in coordinating developmental projects.
Held: The court held that the NEC has advisory and planning powers but does not supersede the legislative and executive authority of the state governments.
Principle: NEC’s role is to facilitate and coordinate, not to override state sovereignty.
2. North Eastern Council v. Union of India (2009)
Issue: Funding and financial autonomy of the NEC.
Held: The court emphasized the importance of adequate funding by the Central Government to enable the NEC to fulfill its mandate.
Principle: The NEC’s effectiveness depends on proper financial support as envisaged in the Act.
3. Zoram Thar (NGO) v. North Eastern Council (2014)
Issue: Accountability and transparency in NEC-funded projects.
Held: The court stressed the need for transparency and public accountability in the utilization of NEC funds.
Principle: Developmental bodies must adhere to principles of good governance.
Importance and Impact:
The NEC has been crucial in channeling development efforts in one of India’s most remote and underdeveloped regions.
It has helped reduce inter-state disparities by fostering cooperation and pooling resources.
The Council has promoted key sectors like road connectivity, education, health, and rural development.
It has provided a platform for collective decision-making by the northeastern states with the Central Government.
The NEC strengthens the integration of the northeastern states with the rest of India, politically and economically.
Summary:
The North-Eastern Council Act, 1971 established the North-Eastern Council as a statutory regional planning and development body for the seven northeastern states of India. The Council plays a pivotal role in coordinating and promoting economic and social development, ensuring cooperative federalism, and addressing the unique challenges of the region. The judiciary has upheld the NEC’s role as an advisory and coordinating body, emphasizing respect for state autonomy and the necessity of adequate financial support for its functions.
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