Special Provisions For Some States: Governance For Diverse Indian States

Introduction

Originally, the Constitution did not make any special provisions for these states. They have been incorporated by the various subsequent amendments made in the context of the reorganization of the states or conferment of statehood on the Union Territories.

Special Provisions for Some States

Special Provisions for States in India: Constitutional Articles and Responsibilities

1. Maharashtra and Gujarat (Article 371)

• The President is authorized to provide that the Governor has a special responsibility to establish separate development boards for:
  • Maharashtra: Vidarbha, Marathwada and the rest of Maharashtra.
  • Gujarat: Saurashtra, Kutch and the rest of Gujarat.
• Making provision for presenting a report before the state legislative assembly every year.
• Equitable allocation of funds for development expenditure over the above-mentioned areas.
• Equitable arrangement providing adequate facilities for technical education and vocational training etc.

2. Nagaland (Article 371 A)

• Acts of parliament relating to the following matter would not apply to Nagaland unless the state legislative assembly so decides:
  • Religious or social practices of the Nagas.
  • Naga customary law and procedure.
  • Administration of civil and criminal justice.
  • Ownership and transfer of land and its resources.
• The Governor has a special responsibility towards Law and order in the state so long as internal disturbances caused by hostile Nagas continue (Individual judgment and decisions are final). 
• Discretionary Authority: The Governor, in fulfilling this duty, utilizes individual judgment after consulting the Council of Ministers, and the decision made is final. This unique responsibility of the Governor concludes when directed by the President.
• Funds Allocation in Demand for Grants: Governor to ensure money provided for special purposes by the Central Government is included in the Demand for grants relating to that purpose only.
• Regional Council: Consisting of 35 members from the Tuensang district of the state should be established.
• Administration of Tuensang District by Governor:
  • Any act of the Nagaland legislature shall not apply to the Tuensang district unless the governor recommends it.
  • There shall be a minister for Tuensang affairs in the state council of ministers.

3. Assam (Article 371B)

• The President is empowered to provide for the creation of a committee of the Assam Legislative Assembly consisting of the members elected from the Tribal Areas of the state and such other members as he/she may specify.

4. Manipur (Article 371 C)

• The President is authorized for the Creation of a committee of the Manipur legislative assembly consisting of the members elected from hill areas of the state.
• The President can direct that the governor shall have a special responsibility to secure the proper functioning of that committee.
• The governor should submit an annual report to the President regarding the administration of hill areas.
• The central government can give directions to the state government for the administration of the hill areas.

5. Andhra Pradesh or Telangana (Article 371 D)

• Extended to Telangana by the State Reorganization Act 2014.
• President is:
• Empowered to provide for equitable opportunities and facilities for the people belonging to different parts of the state in the matter of public employment and education and different provisions can be made for various parts of the state.
• May require the state government to organize civil posts in local cadres for different parts of the state, and can also extend reservations.
• May provide for the establishment of an administrative tribunal in the state to deal with certain disputes and grievances related to appointment, allotment or promotion to civil posts in the state.
• The tribunal is outside the purview of the State High Court.

6. Article 371 E: 

• Parliament to provide for the establishment of a central university in the state of Andhra Pradesh.

7. Sikkim (Article 371 F)

• The 36th Constitutional Amendment Act of 1975 made Sikkim a full-fledged state of the Indian Union. It included a new Article 371 F containing special provisions with respect to Sikkim.
• Legislative assembly: Not less than 30 members.
• Lok Sabha: One seat is allotted to Sikkim.
• To safeguard the rights and interests of various segments of the Sikkim population, Parliament has the authority to determine:
  • the number of seats in the Sikkim Legislative Assembly reserved for candidates from these sections; 
  • the demarcation of Assembly constituencies allowing candidates from these sections to contest elections.
• The governor shall have special responsibility for peace and for ensuring the social and economic advancement of the different sections of Sikkim.
• The president can extend to Sikkim any law which is in force in a state of the Indian Union.

8. Mizoram (Article 371 G)

• Acts of parliament do not apply to Mizoram unless the SLA so decides:
  • Religious or social practices of the Mizo;
  • Mizo customary law and procedure;
  • Administration of civil and criminal justice;
  • Ownership and transfer of land and its resources.
• Legislative assembly: Not less than 40 members.

9. Arunachal Pradesh (Article 371 H)

• The governor of Arunachal Pradesh shall have special responsibility for law and order in the state.
• The Governor, in fulfilling this duty, utilizes individual judgment after consulting the Council of Ministers, and the decision made is final. 
• This unique responsibility of the Governor concludes when directed by the President.
• Legislative assembly:  Not less than 30 members

10. Goa (Article 371 I)

• Legislative assembly: Not less than 30 members

11. Karnataka (Article 371 J)

The President is empowered to provide that the Governor of Kamataka would have special responsibility for:

• Establishment of a separate development board for the Hyderabad–Karnataka region.
• Reports on the working of the board to the state legislative assembly every year.
• Equitable allocation of funds for developmental expenditure over the region.
• Reservation of seats: Educational and vocational training institutions in the region for persons who belong to the region.

Conclusion

• Special provisions for certain states within the Indian Constitution reflect the recognition of unique historical, cultural, and administrative circumstances. 
• These provisions aim to address specific needs and challenges faced by these states, ensuring equitable development, governance, and preservation of their distinct identities. 
• By granting autonomy, flexibility, and targeted support, these provisions contribute to fostering stability, inclusivity, and progress within the diverse landscape of India’s federal structure.

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