Actual Article
Article 371H: Special provision with respect to the State of Arunachal Pradesh
Notwithstanding anything in this Constitution,—
(a) the Governor of Arunachal Pradesh shall have special responsibility with respect to law and order in the State of Arunachal Pradesh and in the discharge of his functions in relation thereto, the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken:
Provided that if any question arises whether any matter falls within the Governor’s discretion or not, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment;
(b) the Legislative Assembly of the State of Arunachal Pradesh shall consist of not less than thirty members.
UPSC Notes for Article 371H
Explanation:
- Special Responsibility of the Governor: Article 371H grants the Governor of Arunachal Pradesh special responsibility for law and order in the state, allowing the Governor to exercise individual judgment in this area after consulting with the Council of Ministers.
- Legislative Assembly Composition: Specifies that the Legislative Assembly of Arunachal Pradesh must have at least thirty members.
Key Points:
- Law and Order: Provides the Governor with significant authority over law and order to address the unique challenges faced by Arunachal Pradesh.
- Governor’s Discretion: Ensures that the Governor can act independently in matters of law and order, with decisions taken by the Governor being final and not open to judicial review.
- Legislative Stability: Establishes a minimum size for the Legislative Assembly to ensure stable governance.
Important Cases and Commissions Related to Article 371H
Cases:
- No landmark Supreme Court cases specifically interpreting Article 371H, but its provisions have been pivotal in maintaining law and order in Arunachal Pradesh.
Commissions:
- Various State and Central Commissions: Have reviewed the implementation and impact of Article 371H on governance and law and order in Arunachal Pradesh.
Important Reports Related to Article 371H:
- Reports by the Ministry of Home Affairs: Highlight the implementation and impact of special provisions for Arunachal Pradesh, focusing on governance and law and order.
Previous Year Prelims Questions Related to Article 371H
- What does Article 371H of the Indian Constitution provide for?
A. Special provisions for the Scheduled Tribes in Mizoram
B. Special provisions for the State of Arunachal Pradesh
C. Financial emergency provisions
D. Powers of the Supreme Court during an emergency Correct Answer: B. Special provisions for the State of Arunachal Pradesh - Under Article 371H, who has special responsibility for law and order in Arunachal Pradesh?
A. The Prime Minister
B. The Chief Minister
C. The President
D. The Governor Correct Answer: D. The Governor - How many members must the Legislative Assembly of Arunachal Pradesh consist of according to Article 371H?
A. Thirty members
B. Forty members
C. Fifty members
D. Sixty members Correct Answer: A. Thirty members
Previous Year Mains Questions Related to Article 371H
- Discuss the significance of Article 371H in maintaining law and order in Arunachal Pradesh. How does the Governor’s special responsibility under this provision impact governance in the state?
- Evaluate the role of the Governor under Article 371H in Arunachal Pradesh. How does this special responsibility align with the federal structure of India?
- Analyze the impact of Article 371H on the governance and development of Arunachal Pradesh. How have these special provisions contributed to addressing the unique challenges faced by the state?
Additional Insights:
- Law and Order Management: Article 371H addresses the unique law and order challenges in Arunachal Pradesh by empowering the Governor to take decisive actions.
- Governor’s Role: The special responsibility assigned to the Governor ensures that law and order issues can be managed effectively and promptly.
- Legislative Assembly: The provision for a minimum number of legislative members ensures that the state has a stable and functional legislative body.
Understanding Article 371H is crucial for UPSC aspirants as it provides insights into the constitutional provisions for ensuring law and order and stable governance in Arunachal Pradesh. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring the protection and development of Arunachal Pradesh within the Indian Constitution.