Actual Article
Article 371D: Special provisions with respect to the State of Andhra Pradesh or the State of Telangana
(1) The President may by order made with respect to the State of Andhra Pradesh or the State of Telangana, provide for equitable opportunities and facilities for the people belonging to different parts of the State, in the matter of public employment and in the matter of education, and different provisions may be made for various parts of the State.
(2) An order made under clause (1) may, in particular,—
- (a) require the State Government to organize any class or classes of posts in a civil service of, or any class or classes of civil posts under, the State into different local cadres for different parts of the State and allot in accordance with such principles and procedure as may be specified in the order, the persons holding such posts to the local cadres so organized;
- (b) specify any part or parts of the State which shall be regarded as the local area—
- (i) for direct recruitment to posts in any local cadre (whether organized in pursuance of an order under this Article or constituted otherwise) under the State Government;
- (ii) for direct recruitment to posts in any cadre under any local authority within the State; and
- (iii) for the purposes of admission to any University within the State or to any other educational institution which is subject to the control of the State Government;
- (c) specify the extent to which, the manner in which and the conditions subject to which, preference or reservation shall be given or made—
- (i) in the matter of direct recruitment to posts in any such cadre referred to in sub-clause (b) as may be specified in this behalf in the order;
- (ii) in the matter of admission to any such University or other educational institution referred to in sub-clause (b) as may be specified in this behalf in the order;
- (d) specify any class or classes of employment or appointments to an office (whether under the State Government or any local authority within the State) to which this article shall not apply;
- (e) provide for the transfer of any person from any local cadre to any other local cadre, whether in a different part of the same State or in another part of the same State or any other part of the State, on such principles and procedure as may be specified in the order;
- (f) make provisions for such supplemental, incidental and consequential provisions as may be necessary for giving effect to the provisions of the order.
(3) The President may, by order, amend or modify any order made under clause (1) and any such order may be made so as to have retrospective effect.
(4) No order under this Article shall be called in question in any court on any ground.
(5) The provisions of this Article and of any order made by the President thereunder shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.
UPSC Notes for Article 371D
Explanation:
- Equitable Opportunities: Article 371D empowers the President to ensure equitable opportunities and facilities in public employment and education for people from different parts of Andhra Pradesh and Telangana.
- Local Cadres: Allows for the creation of local cadres within the civil services and other public employment sectors, ensuring representation from various regions.
- Educational Preferences: Provides for preferences and reservations in educational institutions to ensure equitable access for students from different regions.
- Non-justiciability: Specifies that orders made under this article cannot be challenged in any court.
Key Points:
- Regional Representation: Ensures that people from different regions within Andhra Pradesh and Telangana have fair representation in public employment and education.
- Presidential Orders: Grants the President the authority to issue orders to implement these provisions, with the power to amend or modify these orders as needed.
- Inclusivity in Employment and Education: Focuses on inclusive policies to address regional disparities within the states.
Important Cases and Commissions Related to Article 371D
Cases:
- P. Sambamurthy vs. State of Andhra Pradesh (1987): The Supreme Court ruled that the provision in Article 371D(4) that barred judicial review was unconstitutional. The Court held that judicial review is a basic feature of the Constitution and cannot be excluded.
Commissions:
- Various State Commissions: Have reviewed the implementation and impact of Article 371D, particularly in relation to public employment and education in Andhra Pradesh and Telangana.
Important Reports Related to Article 371D:
- Reports by the Ministry of Human Resource Development: Discuss the impact of educational preferences and reservations provided under Article 371D.
Previous Year Prelims Questions Related to Article 371D
- What does Article 371D of the Indian Constitution provide for?
A. Special provisions for Scheduled Tribes in Manipur
B. Special provisions for the States of Andhra Pradesh and Telangana
C. Financial emergency provisions
D. Powers of the Governor during an emergency Correct Answer: B. Special provisions for the States of Andhra Pradesh and Telangana - Under Article 371D, who has the authority to ensure equitable opportunities in public employment and education in Andhra Pradesh and Telangana?
A. The Prime Minister
B. The Governor
C. The President
D. The Chief Justice of India Correct Answer: C. The President
Previous Year Mains Questions Related to Article 371D
- “Discuss the significance of Article 371D in ensuring equitable opportunities in public employment and education in Andhra Pradesh and Telangana. How does this provision address regional disparities?”
- “Evaluate the impact of the special provisions under Article 371D on the governance of Andhra Pradesh and Telangana. How effective have these measures been in promoting regional balance?”
Additional Insights:
- Regional Balance: Article 371D plays a crucial role in addressing regional imbalances within Andhra Pradesh and Telangana, ensuring that people from various parts of the states have fair access to public employment and education.
- Local Cadres: The creation of local cadres helps in representing the interests of different regions within the civil services and other public employment sectors.
- Educational Equity: Preferences and reservations in educational institutions ensure that students from underserved regions have better opportunities for higher education.
- Judicial Review: The Supreme Court’s ruling in the P. Sambamurthy case highlights the importance of judicial review, ensuring that the implementation of Article 371D is subject to legal scrutiny.
Understanding Article 371D is crucial for UPSC aspirants as it provides insights into the constitutional provisions for ensuring equitable opportunities and regional representation in Andhra Pradesh and Telangana. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring inclusive governance and development within the Indian Constitution.