37th Constitutional Amendment Act, 1975

The 37th Constitutional Amendment Act, 1975 holds a special place in the political history of India, especially for the Northeastern part of the count

37th Constitutional Amendment Act, 1975

The 37th Constitutional Amendment Act, 1975 holds a special place in the political history of India, especially for the Northeastern part of the country. This amendment officially created a Legislative Assembly and a Council of Ministers for the Union Territory of Arunachal Pradesh, giving its people the power of self-governance for the first time. Before this amendment, the region was administered directly by the Central Government, meaning the local population had almost zero participation in legislative and decision-making processes.

Although the amendment appears short, its significance is immense because it marked the beginning of democratic institutions in a region that is culturally diverse, geographically remote, and strategically vital. It also laid down the foundation for Arunachal Pradesh to eventually become a full-fledged state of India in 1987.

To fully appreciate this amendment, it is important to understand the background of the region, the political situation prior to 1975, and why granting a legislature was crucial.

Highlights: 37th Constitutional Amendment Act, 1975
Year of Amendment 1975
Official Name Thirty-Seventh Constitutional Amendment Act, 1975
Main Purpose To create a Legislative Assembly and a Council of Ministers for the Union Territory of Arunachal Pradesh.
Background Arunachal Pradesh (formerly NEFA) became a Union Territory in 1972 but lacked an elected government.
Key Article Inserted Article 239B
Other Constitutional Change Arunachal Pradesh added to the First Schedule of the Constitution as a Union Territory.
What the Amendment Provided Creation of an elected Legislative Assembly and a Council of Ministers headed by a Chief Minister.
Powers of Assembly Power to make laws on State List & Concurrent List subjects, except matters reserved for the Central Government.
Role of Administrator Administrator (Lt. Governor) remained head of UT and held special discretionary powers.
Reason for Amendment To introduce representative democracy, improve local governance, and prepare the region for future statehood.
Impact People gained power to elect their own leaders; democratic governance began in the region.
Long-term Outcome Set the stage for Arunachal Pradesh to become the 24th state of India in 1987.
Significance Strengthened federalism, improved political integration of the Northeast, and empowered tribal communities.

37th Constitutional Amendment Act, 1975

Historical Background of Arunachal Pradesh Before 1975

A Region with Deep Tribal Roots

Arunachal Pradesh, located in the easternmost part of India, is home to more than 26 major tribes and over 100 sub-tribes, each with its own language, customs, and identity. Historically, these tribes lived in self-regulated territories, following their:

  • Traditional village councils

  • Customary laws

  • Clan-based societal systems

NEFA Era (North-East Frontier Agency)

Before 1972, the area was known as the North-East Frontier Agency (NEFA). It was not a part of Assam in the political sense, but it was administered by the Governor of Assam on behalf of the Central Government.

NEFA was not under state governance. Instead:

  • It had no elected assembly

  • Laws were made directly by the central authorities

  • Local people had limited say in governance

  • Traditional tribal systems continued but without modern democratic institutions

Why Special Attention Was Needed

NEFA shared borders with three countries:
🇨🇳 China, 🇲🇲 Myanmar, and 🇧🇹 Bhutan.

Due to this strategic location, the region needed a balance of:

  • Strong central administration

  • Local representation

  • Cultural sensitivity

  • Stable governance

Politically, it was becoming clear that a transition towards democracy was necessary.


Arunachal Pradesh Becomes a Union Territory (1972)

In 1972, NEFA was restructured administratively and given the status of a Union Territory, and renamed Arunachal Pradesh. However, even as a Union Territory, it lacked:

  • An elected Legislative Assembly

  • A Council of Ministers

  • A Chief Minister

  • Any form of democratic political structure

Governance remained in the hands of the Administrator (later called the Lieutenant Governor), who was appointed by the President of India.

This situation created a democratic gap: the people wanted participation, but the constitutional structure did not allow it.

This gap led to the 37th Constitutional Amendment.


Why the 37th Amendment Was Necessary

1. To Introduce Democracy in Arunachal Pradesh

The region had no elected body. Locals could not elect representatives or participate in law-making. For a democratic nation like India, having a territory without democratic institutions was undesirable.

2. To Improve Local Governance

A remote mountainous region with difficult terrain requires governance based on local needs, not decisions made from Delhi.
An elected assembly could understand issues related to:

  • Roads and connectivity

  • Tribal welfare

  • Language preservation

  • Education and healthcare

  • Border area management

3. To Prepare the Region for Full Statehood

A Legislative Assembly is the first step toward becoming a state. The Central Government planned a gradual transition rather than a sudden shift.

4. To Integrate the Region Politically

Given its proximity to China, and considering that the 1962 Indo-China war had happened just a decade earlier, integrating the region politically was crucial.

5. To Respect Tribal Identity While Introducing Modern Governance

The amendment allowed a balance between tribal autonomy and modern democratic institutions, avoiding cultural disruption.


Main Provisions of the 37th Constitutional Amendment

1. Insertion of Article 239B

The amendment added Article 239B, giving the President power to create:

  • A Legislative Assembly

  • A Council of Ministers

for Arunachal Pradesh.

2. Creation of a Legislative Assembly

The amendment empowered Parliament to establish an elected Legislative Assembly for the Union Territory.

This Assembly had powers similar to other UTs (like Delhi and Puducherry), meaning:

  • It could make laws on subjects in the State List and Concurrent List, except reserved subjects.

  • It represented the voice of the people.

3. Creation of a Council of Ministers

A Council of Ministers headed by a Chief Minister would be appointed to aid and advise the Administrator (Lt. Governor).

4. Extension of the First Schedule

Arunachal Pradesh was officially included as a Union Territory in the First Schedule of the Constitution (the list of states and UTs).

5. Limitation of Powers

Even with the new institutions:

  • Parliament retained supreme authority

  • The Administrator had significant discretionary powers

  • Key subjects like law and order remained under central control

This ensured stability during the transitional phase.


How the New System Worked After the Amendment

Legislative Assembly

Arunachal Pradesh got its first Assembly with elected MLAs. This allowed:

  • Local law-making

  • Debates on regional development

  • Representation of tribal interests

  • Proper implementation of welfare programs

Council of Ministers

A Chief Minister and Ministers began operating like a small state government.

They handled subjects such as:

  • Agriculture

  • Local transport

  • Tribal affairs

  • Primary education

  • Public health

Administrator’s Role

The Lieutenant Governor:

  • Acted as head of the territory

  • Had special powers to override the council in certain subjects

  • Ensured coordination with the central government

This dual system balanced local autonomy and national security.


Impact of the 37th Amendment

1. Introduction of Democracy

For the first time, the people of Arunachal Pradesh chose their representatives.

2. Stronger Political Identity

The legislative setup helped the region move from administrative isolation to political development.

3. Better Local Governance

Elected leaders who understood the region’s unique issues led policy-making.

4. Preparation for Statehood

The amendment created the foundation that later became the 55th Constitutional Amendment Act, 1987, granting full statehood.

5. Strengthened National Integration

With greater political participation, the emotional and political bond with India grew stronger.


Criticism of the 37th Amendment

Although largely positive, the amendment had some criticisms:

  • Limited Powers – The Assembly did not have full powers like a state legislature.

  • Administrator Dominance – The Lieutenant Governor held considerable control.

  • Central Oversight – Many important departments like police and public order stayed with the Centre.

  • Delayed Transition – Some felt Arunachal Pradesh should have been given full statehood earlier.

Nevertheless, these limitations were part of a gradual and stable transition process.


Long-term Significance

The 37th Amendment’s significance is seen not only in 1975 but in the decades that followed:

  • It gave the region a democratic foundation

  • It empowered tribal communities

  • It created political leadership in the Northeast

  • It paved the way for Arunachal Pradesh becoming the 24th state of India in 1987

  • It helped maintain stability in a sensitive border region

Today, Arunachal Pradesh is fully integrated, politically strong, and continues to develop — thanks to the first step taken through this amendment.


Conclusion

The 37th Constitutional Amendment Act, 1975 marked a turning point in the political history of Arunachal Pradesh. It brought democracy to a region that previously had no elected body, provided a system of self-governance, and laid the groundwork for future statehood.

In simple words:

The 37th Amendment gave Arunachal Pradesh a Legislative Assembly and a Council of Ministers, allowing its people to govern themselves for the first time.

It represents India’s dedication to democracy, decentralization, federalism, and respect for local identity — even in the most remote corners of the nation.

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