Special Constitutional Provisions for Indian States: Understanding Articles 371 to 371-J- (Part 01)

The Indian Constitution includes special provisions for certain states, recognizing their unique needs and circumstances. These provisions aim to address historical injustices, preserve cultural distinctiveness, and provide administrative autonomy to specific regions. Part XXI of the Constitution, comprising Articles 371 to 371-J, encapsulates these special provisions, introduced through various amendments to cater to the diverse and specific requirements of different states.

Constitution Provisions

Special Provisions for Certain States: The Indian Constitution includes special provisions for certain states, recognizing the unique needs and circumstances of these regions. 

• Objectives of Special Provisions: These provisions aim to address historical injustices, preserve cultural distinctiveness, and provide administrative autonomy to certain areas.
• Part XXI of the Constitution: Part XXI of the Constitution of India is a set of laws under Articles 371 to 371-J. 
  • It pertains to India as a country and the union of states associated with it. 
  • The clauses have temporary, transitional, and special provisions. 
• Amendments Incorporating Special Provisions: The original Constitution did not make any special provisions for these states. 
  • These were incorporated by various subsequent amendments.

Provisions for Maharashtra and Gujarat

Article 371: The President’s power to grant by order special responsibility to the Governors of Maharashtra and Gujarat for:

• For establishing distinct development boards for Vidarbha, Marathwada, Saurashtra, Kutch, and the rest of Maharashtra and Gujarat.
• Equitable allocation of funds for developmental expenses in these regions.
• Equitable arrangement for providing ample facilities for technical education and vocational training.
• Adequate employment opportunities will be provided in the state service for the areas above.
• Annual Report Submission: The performance reports of these boards will be presented annually before the State Legislative Assembly.

Provisions for Nagaland

Article 371A: Special provisions with respect to the state of Nagaland, introduced by the 13th Constitutional Amendment Act, 1962, are:

• Responsibility for Law and Order: The Governor has special responsibility for law and order in the state until internal disturbance continues. 
• Financial Oversight: The Governor must ensure that money provided by the Central Government for any specific purpose is included in the Demand for Grants relating to that purpose.
• Establishment of a Regional Council: A regional council consisting of 35 members will be established for the Tuensang district of the state.
• Special Provisions for Tuensang District: For ten years or such further period as the Governor may specify, provisions will be operative for the Tuensang district, including the Governor carrying out the administration of the district, arranging for equitable distribution of money, making regulations for the peace, progress, and good governance, and making the final decision on all matters relating to Tuensang district.

Provisions for Assam and Manipur

• Article 371B: Special provision for Assam, introduced by the 22nd Constitutional Amendment Act of 1969. Its provisions are:
• The President can use these orders to provide for the constitution and functions of a committee of the Legislative Assembly of Assam consisting of members of that Assembly elected from the tribal areas and such number of other members of that Assembly as may be specified in the order. 
• Article 371-C makes the following special provisions for Manipur, introduced by the 27th Constitutional Amendment Act, 1971: Some of its key provisions are:
• Creation of Committee for Hill Areas: The President is authorized to provide for the creation of a committee of the Manipur Legislative Assembly consisting of the members elected from the Hill Areas of the state
• Governor’s Special Responsibility: The President can also direct that the Governor shall have a special responsibility to secure the proper functioning of that committee.
• Annual Report Submission: The Governors should submit a report annually or whenever required by the President, to the President regarding the administration of the Hill Areas.
• Union’s Executive Power: The executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas.

Provisions for Andhra Pradesh or Telangana

• Article 371-D: introduced by the 32nd Constitutional Amendment Act, 1973, the following are the special provisions:
  • Equal Opportunities in Employment and Education: The President has the power to ensure equal opportunities and facilities for individuals belonging to different state regions regarding public employment and education.
    • Equal Opportunities in Employment and Education: One way to achieve this is by requesting that the State Government organize civil posts in different local cadres for different state regions.
    • Direct Recruitment to Civil Posts: Direct recruitment to these posts may also be allowed.
  • Establishment of Administrative Tribunal: The President may establish an Administrative Tribunal within the state to handle specific disputes and grievances related to the appointment, allotment, or promotion of civil posts in the state. 
  • Jurisdiction of the Administrative Tribunal: The High Court for the State shall not have any powers of superintendence over the Administrative Tribunal. 
    • No court (other than the Supreme Court) or tribunal shall exercise any jurisdiction, power, or authority in respect of any matter subject to the jurisdiction, power, or authority of, or about, the Administrative Tribunal.

Special Provisions for Sikkim

• Statehood for Sikkim: Sikkim was made a full-fledged state of the Indian Union under the 36th Constitutional Amendment Act of 1975, which included new Article 371-F with special provisions.
• Composition of the Sikkim Legislative Assembly: The Sikkim Legislative Assembly must consist of at least 30 members, and Sikkim has one seat in the Lok Sabha and forms one Parliamentary constituency.
• Protection of Rights and Interests: The Parliament has the power to protect the rights and interests of different sections of the Sikkim population by providing for the number of seats in the Sikkim Legislative Assembly for candidates belonging to these sections.
• Governor’s Special Responsibilities: The Governor has special responsibilities for maintaining peace and ensuring social and economic advancement for the different sections of the Sikkim population.
• Applicability of Laws: The President can extend any law in force in an Indian state to be applicable in Sikkim.

Provisions for Mizoram

• • Articles 371-G: Introduced by the 53rd Constitutional Amendment Act, 1986, specifies the following special provisions for Mizoram:

• Parliamentary Acts Exemptions for Mizoram: The Acts of Parliament relating to the following matters would not apply to Mizoram unless the State Legislative Assembly so decides:

• • • Religious or social practices of the Mizos
    • Mizo customary law and procedure
    • Administration of civil and criminal justice, involving decisions according to Mizo customary law.
    • Ownership and transfer of land and its resources
• Composition of the Mizoram Legislative Assembly: The Mizoram Legislative Assembly is to consist of not less than 40 members.

Provisions For Arunachal Pradesh and Goa

• Article 371H: Introduced by the 55th Constitutional Amendment Act of 1986, special provisions with respect to the state of Arunachal Pradesh are:
  • Responsibility for Law and Order: The State Governor holds a special responsibility for law and order. 
  • Decision-Making Authority: After consulting with the Council of Ministers, the Governor exercises his judgment, and his decisions are final.
    • However, this responsibility ends when the President receives a report from the Governor or otherwise directs it.
  • Composition of Legislative Assembly: The Arunachal Pradesh Legislative Assembly must have at least 30 members.

• Article  371I: Introduced by the 56th Constitutional Amendment Act of 1987, special provision with respect to the state of  Goa is:
  • Composition of the Goa Legislative Assembly: Notwithstanding anything in this Constitution, the Legislative Assembly of the State of Goa shall consist of not less than thirty members

Provisions for Karnataka

• Article 371-J: introduced through the 98th Constitutional Amendment, grants special provisions for the development of the Hyderabad-Karnataka region of Karnataka state. 
• These provisions aim to address the region’s unique socio-economic needs and foster its accelerated progress.
• Some of its key provisions are:
  • Establishment of a Development Board: The Governor of Karnataka is tasked with establishing a separate development board for the Hyderabad-Karnataka region. 
    • This board will oversee the region’s development initiatives, formulate development plans, and ensure the effective utilization of allocated funds.
  • Annual Report to the State Legislature: To maintain transparency and accountability, the board will present an annual report detailing its activities, progress, and financial expenditures to the State Legislative Assembly. 
    • This report will enable the legislature to monitor the region’s development, provide necessary guidance, and hold the board accountable for its performance.
  • Equitable Allocation of Funds: To ensure fair and equitable distribution of resources, funds for developmental expenditure will be allocated judiciously across the Hyderabad-Karnataka region. 
    • This will address historical disparities and promote balanced development, ensuring that no area is left behind.
  • Reservation in Educational Institutions: To provide educational opportunities for the region’s youth and enhance their skill development, seats in educational and vocational training institutions will be reserved for students who belong to the Hyderabad-Karnataka region. 
  • Reservation in State Government Posts: To promote local participation in governance and ensure that the region’s voices are represented in decision-making processes, state government posts will be reserved for individuals who belong to the Hyderabad-Karnataka region. 
  • This will foster a sense of inclusivity and empower the region’s residents to actively contribute to their own development.

Conclusion

The special provisions for certain states under Part XXI of the Indian Constitution are designed to ensure equitable development, preserve cultural heritage, and provide administrative autonomy. 

• These provisions address the unique needs of various regions, promoting balanced growth and inclusive progress across the nation. 
• By acknowledging and catering to the distinct challenges faced by these states, the Constitution fosters unity while respecting diversity.

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