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India’s Special Category Status: Provisions and Implications

November 24, 2023 1873 0

Special Provisions in India’s Federal Structure for Special Category Status

The distinctiveness of India’s federal structure lies in the exceptional treatment extended to various States through Special Category Status. These Special Category Status provisions were introduced to accommodate diverse sizes, populations, and social and historical contexts. Article 371 ensures Special Provisions for States like Andhra Pradesh, Goa, Gujarat, Maharashtra, Sikkim, and Telangana.

What Are the Criteria for Special Category Status in India?

  • Recommendations of the Fifth Finance Commission: The special category status was introduced in 1969 on the recommendations of the Fifth Finance Commission to benefit certain backward states having hilly terrains, strategic international borders, and economic and infrastructural backwardness. 
  • To be able to get the Special Category Status, states have to fulfill the following requirements:
    • They need to have hilly and difficult terrain 
    • They need to have low population density and /or a sizable share of the tribal population.
    • They must be in a strategic location along borders with neighboring countries.
    • They must be economically and infrastructurally backward
    • They must have non-viable nature of state finances 

States with Special Category Status: Unique Provisions and Telangana’s Status

  • Special Provisions for Unique Contexts: Special provisions primarily pertain to the northeastern States, such as Assam, Nagaland, Arunachal Pradesh and Mizoram
  • These provisions stem from their sizable indigenous tribal populations, distinct histories and cultures.
  • Hilly States and Others: Special provisions also extend to hilly States like Himachal Pradesh.
  • Status to Telangana: India’s newest state, Telangana, received this status as a result of being split apart from Andhra Pradesh, which had an adverse financial impact.

Jammu and Kashmir’s Special Category Status and Reorganisation:

One State that had enjoyed a distinct status within India’s federal framework was Jammu and Kashmir (J&K), governed by Article 370 of the Indian Constitution.

Article 370 bestowed some of special powers to J&K:

  • State’s concurrence was necessary for enacting laws in subjects outlined in the Union and Concurrent lists
  • Unlike other states where the division of powers was predefined, J&K retained limited central government powers
  • The Union and Concurrent lists required State government consent for implementation.
  • It retained its separate constitution and flag.
  • No imposition of Financial emergency. 
  • Non-applicability of Directive principles
  • Indian Constitution amendments (under Article 368) applied only with J&K government concurrence.

Abolition of Special Category Status of Jammu and Kashmir:

  • As of now, the special status granted by Article 370 has ceased to exist. 
  • The Jammu and Kashmir Reorganisation Act 2019 led to the State’s division into two Union Territories: Jammu and Kashmir, and Ladakh. 
  • This reorganisation came into effect on October 31, 2019. 
  • This significant development marks a change in J&K’s unique constitutional position within India.

What Benefits Do States Gain from Special Category Status?

  • Centre Sponsored Scheme: Under this Special Category Status, the government pays 90 per cent of the funds in schemes that the Centre sponsors. 
  • Regular States: Regular states get 60 per cent to 75 percent of the fund from the Centre under the same schemes and they have to manage the rest. 
  • Carry Forward Provision: In case of unspent money, the states with SCS have the provision to carry it forward. 
  • Tax Rebates: These states also enjoy a significant concession on excise, customs duties, income tax, and corporate tax. 

Conclusion:

  • Special Category Status provisions reflect India’s commitment to accommodating diverse regional and cultural factors within its federal system, fostering unity while respecting the distinct needs and identities of its various states and territories and the federal structure.

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