A Comprehensive Guide to Article 371-371J: Special Provisions for States in Indian Polity

Special Provisions in Indian Polity: Insights into Articles 371-371J for IAS Exam Preparation #

To prepare for INDIAN POLITY for any competitive exam, aspirants have to know about Special Provisions for Some States. It gives an idea of all the important topics for the IAS Exam and the polity syllabus (GS-II). This is an essential portion of the polity. As IAS aspirants, you should be thorough with the Special Provisions for Some States. In this article, you can read all about the Special Provisions for Some States for the Polity and Governance segments of the UPSC syllabus. 

• Articles 371 to 371-J in Part XXI of the constitution contain special provisions for twelve states, viz., Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka.
• Initially, the constitution did not include specific provisions for these states.
  
• These provisions were added later through various amendments during state reorganization or when Union Territories were granted statehood.
  
• Meghalaya and Tripura are not included in these special category states..
• There are a total of 11 articles for these states.

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Special States in India: Objectives, Governance, and Constitutional Insights #

• To meet the aspirations of the people of the backward states.
• To uphold law and order in those states.
• To protect the social, economic, political, educational and overall general interest of the people of those states.
• To bring these 12 states into the mainstream.

Special Provisions in the Indian Constitution (Articles 371-371J) #

Article 371 and Special Responsibilities for Maharashtra and Gujarat #

• Under Article 371, the is authorised to provide that the Governor of Maharashtra and that of Gujarat would have special responsibility for: the establishment of 
• Under Article 371, the PRESIDENT OF INDIA has the authority to designate that the Governors of Maharashtra and Gujarat would oversee the creation of separate development boards for
  • Vidarbha, Marathwada and the rest of Maharashtra.
  • Saurashtra, Kutch and the rest of Gujarat;
  • Ensuring an annual report on the activities of these boards is submitted to the State Legislative Assembly.
    
  • Fair distribution of funds for development spending in these regions.
    
  • Providing sufficient resources for technical education, vocational training, and job opportunities in state services for these areas.

Nagaland’s Special Governance: Article 371A and Tuensang District’s Distinctive Administrative Framework #

• The Acts of Parliament concerning the following issues will not be applicable to Nagaland unless approved by the State Legislative Assembly:
  • Religious or social practices of the Nagas;
  • Naga customary law and procedure;
  • Administration of civil and criminal justice involving decisions according to Naga customary law; and
  • Ownership and transfer of land and its resources.
• The Governor of Nagaland assumes a special role in maintaining law and order in the state as long as internal disturbances caused by hostile Nagas persist.
• In fulfilling this duty, the Governor, after consulting the Council of Ministers, exercises independent judgment, and his decision is final.
• This specific responsibility of the Governor ends upon direction from the President.
• The Governor must ensure that funds allocated by the Central Government for a particular purpose are included in the appropriation related to that purpose, not in any other legislative demand.
• A regional council comprising 35 members is mandated for the Tuensang district of the state.
• The Governor should make rules for the composition of the council, manner of choosing its members, their qualifications, term, salaries and allowances;
  • The procedure and conduct of business of the council;
  • The appointment of officers and staff of the council and their service conditions; and
  • Any other matter relating to the constitution and proper functioning of the council.
• For a period of ten years from the formation of Nagaland or for such further period as the Governor may specify on the recommendation of the regional council, the following provisions would be operative for the Tuensang district:
  • The Governor oversees the administration of the Tuensang District.
    
  • The Governor has the authority to ensure fair distribution of funds allocated by the Centre between Tuensang District and the rest of Nagaland at his discretion.
    
  • No legislation passed by the Nagaland Legislature applies to Tuensang district unless directed by the Governor upon the regional council’s recommendation.
    
  • The Governor is empowered to establish Regulations for maintaining peace, progress, and effective governance in Tuensang district. Such Regulations may override or modify Acts of Parliament or other applicable laws in that district.
    
  • A Minister for Tuensang Affairs must be appointed from among the members representing Tuensang district in the Nagaland Legislative Assembly.
    
  • The Governor has final discretion over all matters concerning Tuensang district.
    
  • Members of the Nagaland Legislative Assembly from Tuensang district are appointed by the regional council, not directly elected by the people.

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Nagaland’s Challenge with Women’s Reservation under Article 371A #

• This issue is related to patriarchy and men’s hegemony
• Because of this special provisions article, some central laws do not apply to the states.
• But Article 243T confers 33% reservations to women in the local body elections. (it was enacted through 73rd and 74th amendment act and it was supplemented by PESA act (local body extended to schedule area too).
• This reservation system is not in any way related to customary rights of Nagas.
  • So the GOVT OF NAGALAND in 2006 enacted a law for 33% women’s reservation.
• BUT men OF Nagaland said “Article 243T is ultra vires to Article 371A.
• The SC in the “Nagaland Mothers Association case” held” 33% will be given to women as election is a modern concept”. 

Article 371-B and the Committee for Assam’s Tribal Areas #

• Article 371-B empowers the President to establish a committee in the Assam Legislative Assembly comprising members from Tribal Areas and others as specified.
  

Special Provisions for Manipur’s Hill Areas under Article 371-C #

1. Article 371-C allows the President to establish a committee in the Manipur Legislative Assembly with members from Hill Areas.
   
2. The President may assign the Governor with special responsibility for ensuring the effective functioning of the Manipur Hill Areas committee.
   
3. The Governor must annually report to the President on the administration of the Hill Areas.
   
4. The Central Government has the authority to issue directives to the State Government on the administration of the Hill Areas.

Special Provisions and Empowerment for Andhra Pradesh under Article 371-D and Article 371-E #

Articles 371-D and 371-E contain the special provisions for Andhra Pradesh. Under Article 371-D, the following are mentioned:

1. The President is empowered to ensure equal opportunities in public employment and education across various parts of a state.
2. The President can mandate the State Government to create local cadres for civil posts and allow direct recruitment to these posts.
   
3. Specific areas within the state can be designated by the President as local areas for admission to educational institutions.
   
4. An Administrative Tribunal may be established by the President in the state to handle disputes related to appointments, allocations, or promotions in civil posts.
   
5. The Tribunal operates independently from the jurisdiction of the State High Court, with exclusive jurisdiction except for matters that fall under the Supreme Court.
6. The President has the authority to dissolve the tribunal if he deems its continuation unnecessary.
7. Article 371-E grants Parliament the power to establish a Central University within the state.

Article 371F: Diversity and Development in Sikkim’s Governance #

• The 36th Constitutional Amendment Act of 1975 elevated Sikkim to the status of a full-fledged state within the Indian Union.
  It introduced a new Article 371-F that outlined special provisions applicable to Sikkim. These are as follows:
  • The Sikkim Legislative Assembly must have a minimum of 30 members.
    
  • Sikkim is allocated one seat in the Lok Sabha and forms a single Parliamentary constituency.
    
• Parliament is authorized to determine the number of seats in the Sikkim Legislative Assembly reserved for specific sections of the population and to delineate constituencies where only candidates from these sections can contest.
  
• The Governor holds special responsibility for maintaining peace and ensuring fair opportunities for the social and economic progress of various sections of the Sikkim population.
  • The Governor exercises discretion while fulfilling this responsibility, guided by directions from the President.
    
• The President has the authority to apply any law from an Indian state to Sikkim, with possible restrictions or adjustments.

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Article 371F: Safeguarding Sikkim’s Unique Governance Framework #

• Sikkim had its own laws and administrative units until 1975. Some strong SC JUDGEMENTS which makes 371F important for them.
• C. Poudyal vs Union Of India on 10 February 1993
  • Sikkim has a reservation in the State Legislative assembly for the religious institution (1 sangha seat) and for a particular tribe (12 Bhutia-Lepcha Seats).
  • RC Poudyal contested subsection (f) in the Supreme Court, arguing that it contravenes the Indian Constitution, particularly the Representation of the People Act, 1951.
  • The Supreme court ruled that even if 371F conflicts with other features of the constitution, it will still be valid.
• The State Of Sikkim vs Surendra Prasad Sharma on 19 April 1994
  • Surendra Sharma challenged Rule 4(4) of the Sikkim Government Establishment Rules, 1974, which deals with the appointment to service under the Government.
  • There is a provision that non- Sikkimese nationals may be appointed to govt jobs only when suitably qualified and experienced Sikkimese are not available.
  • He challenged that this is a violation of the basic structure of the constitution and fundamental rights. The court ruled that any existing law that was there before Sikkim became part of the Union of India will remain valid.

Article 371G: Special Provisions in Mizoram’s Governance #

• Acts of Parliament concerning the following subjects will not be applicable to Mizoram unless approved by the State Legislative Assembly:
  • Religious or social practices of the Mizos;
  • Mizo customary law and procedure;
  • The administration of civil and criminal justice based on Mizo customary law requires decisions by the Mizoram Legislative Assembly, and
  • Ownership and Transfer of land.
• The Mizoram Legislative Assembly must consist of a minimum of 40 members.

Special Governance Provisions: Article 371H and 371I for Arunachal Pradesh and Goa #

Arunachal Pradesh #

• The Governor of Arunachal Pradesh holds a specific duty for maintaining law and order in the state.
  
• In executing this responsibility, the Governor exercises individual judgment after consulting the Council of Ministers, and their decision is final.
  
• This responsibility ends upon directive from the President.
  
• The Arunachal Pradesh Legislative Assembly must have at least 30 members.

Goa #

• According to Article 371-I, the Goa Legislative Assembly must have a minimum of 30 members.
  

Article 371-J: Empowering Development in Hyderabad-Karnataka Region #

• Article 371-J empowers the President to assign special responsibilities to the Governor of Karnataka for
  • Setting up a distinct development board dedicated to the Hyderabad-Karnataka Region.
    
  • Requiring an annual report on the board’s operations to be presented in the State Legislative Assembly.
    
  • Equitably distributing funds for developmental spending across the region.
    
  • Allocating seats in educational and vocational institutions within the region for local students.
    
  • Reserving State Government positions in the region for individuals from the local community.

Article 371J: Bridging the Development Gap in North Karnataka #

• The former Mysore state covered a major portion of southern Karnataka.
• Historically, this area has been governed by highly development-focused rulers.
• The Mysore state was reorganized in 1956 as Karnataka.
• Nizam of Hyderabad had ruled the Kannada speaking regions of north Karnataka.
• So no one saw the grievances of north Karnataka and it remained backward.
• Since 1956 there was a divide between north and south and even north Karnataka has demanded a separate state.
• The present day North karnataka was part of Hyderabad.
• To meet the development needs of the people of hyderabad – karnataka region, the 98th constitutional amendment was made to add article 371 J.

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Strategic Development in Hyderabad Karnataka: Role of the Region Development Board #

• The Hyderabad Karnataka Region Development Board was established on 06.11.2013.
• The jurisdiction of the Board is spread over 40 assembly constituencies (after the recent delimitation of constituencies) of Bidar, Bellary, Kalaburagi, Koppal, Raichur and Yadgir districts.
• The mission of the HKRDB is to achieve rapid inclusive growth and balanced regional development with social justice for the six districts coming under Hyderabad Karnataka Region.
• The goal is to achieve this through strategic planning at both large and small scales, addressing historical development disparities so that growth centers and surrounding areas progress together in an interconnected manner.
  
• The Hyderabad-Karnataka Regional Development Board (HKRDB) has adopted the taluka as its operational unit, guided by the recommendations of the Dr. Nanjundappa Report on addressing regional disparities.