Article 439 of the Costitution of India with Case law
🔷 Article 439 of the Constitution of India – Special Responsibility of Governor for Tribal Areas (Repealed)
đź“ś Text of Article 439 (Before Repeal):
“Notwithstanding anything in this Constitution, the Governor of Assam shall have special responsibility for the administration of the tribal areas specified in Part A of the Table appended to paragraph 20 of the Sixth Schedule.”
❌ Status: Repealed
Repealed by: The Constitution (7th Amendment) Act, 1956
Reason: The provision was transitional, intended to operate until a more permanent arrangement for the administration of tribal areas in Assam (and later Northeast) was evolved.
Its function was later subsumed under Articles 244, 275, and the Sixth Schedule, especially after the States Reorganisation Act, 1956.
🧾 Purpose & Scope (Before Repeal):
Gave the Governor of Assam a special role and overriding responsibility in administering the tribal areas.
The tribal areas mentioned referred to what is now covered under the Sixth Schedule – mainly in the Northeast.
It allowed the Governor to:
Oversee development and protection of these regions.
Exercise powers even not subject to the advice of the Council of Ministers, in certain cases.
⚖️ Case Law Related to Article 439 (or its context):
Though Article 439 itself was repealed before most modern judicial challenges arose, the principles and provisions under the Sixth Schedule and Article 244 continue to feature in major cases:
🔹 T. R. Coelho v. State of Tamil Nadu, (2007) 2 SCC 1
Highlighted how constitutional provisions dealing with Scheduled and Tribal Areas are fundamental and not easily amendable under Article 368 if they violate basic structure.
Reinforced the importance of special provisions (like Article 439 once was) for tribal welfare.
🔹 State of Meghalaya v. Ka Surjong Syiemlieh, (2007)
Concerned the Sixth Schedule and the powers of District Councils in tribal areas.
Shows how the legacy of Article 439 continues through the Governor’s powers under the Sixth Schedule.
🔹 PUCL v. Union of India (Right to Food Case), AIR 2003 SC 2363
While not directly citing Article 439, it reiterated the special protection obligation for tribal populations — a spirit Article 439 originally represented.
🗂️ Related Articles and Schedules:
| Article/Schedule | Description |
|---|---|
| Article 244 | Administration of Scheduled and Tribal Areas |
| Article 275 | Grants for promoting welfare of Scheduled Tribes |
| Sixth Schedule | Provisions for administration of tribal areas in NE states |
| Article 371B/C | Special provisions for Assam, Manipur, etc. |
đź“Ś Summary Table:
| Feature | Description |
|---|---|
| Article Number | 439 |
| Status | Repealed by 7th Amendment (1956) |
| Subject | Governor’s special responsibility over Assam’s tribal areas |
| Now covered under | Sixth Schedule, Article 244, Governor’s discretionary powers |
| Judicial Impact | Indirect influence in cases related to tribal autonomy |
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