Special Provisions for Some States

     Articles 371 to 371-J in Part XXI of the Indian Constitution contain special provisions for twelve states—including Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka. These provisions are designed to address the unique socio-economic needs, cultural heritage, and specific law and order situations within these regions.

Historical Context

      Originally, the Constitution did not provide special provisions for these states. The amendments to incorporate these provisions were made in response to state reorganization efforts and the granting of statehood to certain Union Territories.

Provisions for Maharashtra and Gujarat (Article 371)

Under Article 371, the President can designate the Governors of Maharashtra and Gujarat with special responsibilities, including:

1. Development Boards: Establishing separate development boards for specific regions:

• • Maharashtra: Vidarbha, Marathwada, and the rest of the state.
  • Gujarat: Saurashtra, Kutch, and the rest of the state.

2. Annual Reporting:

• • Requiring that an annual report on these boards’ functioning be presented to the State Legislative Assembly.

3. Equitable Allocation of Funds:

• • Ensuring that funds are allocated fairly for developmental expenditure across the above regions.

4. Education and Employment:

• • Arranging for adequate facilities for technical education, vocational training, and employment opportunities in state services in these areas.

Provisions for Nagaland (Article 371-A)

Article 371-A provides Nagaland with special provisions, which include:

1. Exemption from Certain Laws:

The Acts of Parliament regarding the following matters do not apply to Nagaland unless its Legislative Assembly decides otherwise:

• • Religious or social practices of the Nagas.
  • Naga customary law and procedures.
  • Administration of civil and criminal justice according to Naga customary law.
  • Ownership and transfer of land and its resources.
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2. Governor’s Responsibility:

• • The Governor of Nagaland has special responsibility for maintaining law and order, especially during periods of internal disturbances. The Governor’s decisions, made with the advice of the Council of Ministers, are final unless overridden by the President.

3. Central Funds:

• • The Governor must ensure that any central funds allocated for specific purposes are included in the correct demand for grants in the Legislative Assembly.

4. Regional Council for Tuensang:

• • Establishing a regional council with 35 members for Tuensang district, with the Governor responsible for laying down rules regarding its composition, member selection, and functioning.

5. Temporary Provisions for Tuensang District:

For ten years from the formation of Nagaland or a period specified by the Governor, the following will apply:

• • The Governor administers the Tuensang district.
  • The Governor manages the equitable distribution of central funds between Tuensang and other regions.
  • Nagaland Legislature laws do not apply to Tuensang unless directed by the Governor upon the regional council’s recommendation.
  • The Governor can create regulations governing Tuensang, which can amend or repeal existing laws as necessary.
  • A Minister for Tuensang Affairs is included in the State Council of Ministers, chosen from members representing Tuensang in the Legislative Assembly.
  • All decisions concerning the Tuensang district are ultimately made at the Governor’s discretion.
  • Members representing Tuensang in the Legislative Assembly are selected by the regional council rather than direct election.

The special provisions enshrined in Articles 371 to 371-J are crucial for addressing the unique needs of various states within India, particularly those that are less developed or have distinct cultural and societal frameworks. These provisions aim to enhance governance, protect local interests, and facilitate more effective administration in regions with diverse demographic and socio-economic challenges.

Special Provisions for Assam and Manipur

Provisions for Assam (Article 371-B)

      Under Article 371-B, the President of India is empowered to create a committee within the Assam Legislative Assembly. This committee will primarily consist of members elected from the Tribal Areas of Assam, along with any other members specified by the President. This provision aims to ensure that the interests of the tribal population are adequately represented and addressed in the legislative process.

Provisions for Manipur (Article 371-C)

Article 371-C makes several special provisions for the state of Manipur:

1. Establishment of a Committee:

• • The President may create a committee of the Manipur Legislative Assembly comprising members elected from the Hill Areas of the state. This committee is intended to represent the unique needs and interests of these regions.

2. Governor’s Responsibility:

• • The President can direct the Governor of Manipur to ensure that the committee functions effectively, securing its proper administration.
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3. Annual Reporting:

• • The Governor is required to submit an annual report to the President concerning the administration of the Hill Areas, providing a mechanism for oversight and accountability.
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4. Central Government Directions:

• • The Central Government has the authority to issue directions to the State Government regarding the administration of the Hill Areas, allowing for additional oversight and assistance.

Provisions for Andhra Pradesh and Telangana (Articles 371-D and 371-E)

Articles 371-D and 371-E provide special provisions for Andhra Pradesh, which were extended to Telangana following the Andhra Pradesh Reorganisation Act of 2014:

1. Equitable Opportunities:

• • The President is authorized to ensure equitable opportunities and facilities for people in different parts of the state concerning public employment and education. Different provisions can be tailored for various regions to promote fairness.

2. Local Cadres:

• • The President may require the State Government to organize civil posts into local cadres for specific areas of the state, which includes provisions for direct recruitment. This is aimed at addressing regional disparities in employment and educational opportunities.

3. Establishment of an Administrative Tribunal:

• • The President is empowered to establish an Administrative Tribunal to handle disputes related to appointment, allocation, or promotion to civil posts. This tribunal functions independently of the state High Court, ensuring that such grievances are addressed efficiently and without interference from other courts (except the Supreme Court).

4. Central University:

• • Article 371-E empowers Parliament to establish a Central University in Andhra Pradesh, supporting higher education access in the state.

Provisions for Sikkim (Article 371-F)

The 36th Constitutional Amendment Act of 1975 conferred statehood upon Sikkim and introduced Article 371-F, which contains specific provisions:

1. Legislative Assembly Composition:

• • The Sikkim Legislative Assembly must consist of at least 30 members, ensuring adequate representation.

2. Parliamentary Representation:

• • Sikkim is allotted one seat in the Lok Sabha, forming one parliamentary constituency.

3. Protection of Rights:

• • To protect the interests of various sections of the Sikkim population, Parliament has the authority to:

Determine the number of seats in the Sikkim Legislative Assembly to be filled by candidates from specific sections.

Delimit Assembly constituencies from which candidates belonging to designated sections may exclusively stand for election.

4. Governor’s Special Responsibility:

• • The Governor of Sikkim has a special responsibility for maintaining peace and ensuring the equitable social and economic advancement of the state’s diverse population. The Governor’s actions in this regard are subject to the President’s directives.

5. Extension of Laws:

• • The President can extend any law in force in other Indian states to Sikkim, with possible restrictions or modifications, facilitating the assimilation of legal frameworks for governance.

The special provisions enshrined in Articles 371 to 371-F reflect India’s commitment to addressing the unique needs and aspirations of various states, particularly in terms of representation, local governance, and social equity. These measures aim to ensure that diverse cultural and regional interests are safeguarded while promoting the overall development and stability of these regions.

Provisions for Mizoram, Arunachal Pradesh, Goa, and Karnataka

Provisions for Mizoram (Article 371-G)

Article 371-G specifies several special provisions for Mizoram:

1. Exemption from Certain Laws:

The following Acts of Parliament do not apply to Mizoram unless the State Legislative Assembly decides otherwise:

• • Religious or social practices of the Mizos.
  • Mizo customary law and procedures.
  • Administration of civil and criminal justice according to Mizo customary law.
  • Ownership and transfer of land.

2. Legislative Assembly Composition:

The Mizoram Legislative Assembly must consist of at least 40 members.

Provisions for Arunachal Pradesh (Article 371-H)

Under Article 371-H, the following special provisions are made for Arunachal Pradesh:

1. 1. Governor’s Responsibility: The Governor has special responsibility for maintaining law and order in Arunachal Pradesh. While discharging this duty, the Governor can exercise individual judgment after consulting the Council of Ministers, and this decision is final. This special responsibility can be lifted at the direction of the President.
   2. Legislative Assembly Composition: The Arunachal Pradesh Legislative Assembly is required to have at least 30 members.

Provisions for Goa (Article 371-I)

• • Article 371-I states that the Goa Legislative Assembly must consist of at least 30 members, reflecting the state’s commitment to ensuring adequate representation.

Provisions for Karnataka (Article 371-J)

     Article 371-J provides special provisions specifically for the Hyderabad-Karnataka region within Karnataka. This article was added by the 98th Constitutional Amendment Act of 2012, aiming to address regional disparities and promote development:

1. 1. Development Board: Establishing a separate development board for the Hyderabad-Karnataka region.
   2. Annual Reporting: Ensuring that an annual report on the board’s activities is submitted to the State Legislative Assembly.
   3. Equitable Allocation of Funds: Mandating fair allocation of funds for developmental expenditures in the region.
   4. Reservations in Education: Providing reservations for students from the region in educational and vocational training institutions.
   5. Reservations in Employment: Implementing reservations in state government positions for individuals belonging to the region.

The establishment of these provisions was motivated by the desire to accelerate development in this backward region, promote inclusive growth, and reduce disparities between districts and regions within Karnataka.

Summary Table of Articles Related to Special Provisions

        The special provisions enshrined in Articles 371 to 371-J of the Indian Constitution are designed to accommodate the diverse needs and aspirations of different states and regions. By allowing tailored governance structures and regional representation, these provisions aim to safeguard local interests, promote development, and ensure that socio-cultural identities are respected within the broader framework of the Indian Union.