Special provisions for certain states are a significant aspect of India’s federal structure. These provisions are enshrined in the Constitution to address the unique historical, cultural, and administrative circumstances of these states. Understanding these special provisions is crucial for aspirants preparing for the UPSC exam as they play a pivotal role in shaping the governance and administration of these states.
Part XXI of the Constitution, encompassing Articles 371 to 371(J), delineates unique provisions tailored for twelve states: Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka. These provisions aim to fulfill the aspirations of marginalized communities in backward regions, safeguard the cultural and economic interests of tribal populations, and manage law and order challenges. They were incorporated through constitutional amendments during state reorganization or the elevation of Union Territories to full-fledged states.
Constitutional Provision
Special Provision for Jammu and Kashmir
Article 370 of the Indian Constitution originally provided special autonomous status to Jammu and Kashmir within India, under the label of a ‘temporary provision.’ However, an amendment on August 5, 2019, effectively abolished the special status of Jammu and Kashmir. Under the authority granted by Clause (1) of Article 370, the President of India issued the Constitution (Application to Jammu and Kashmir) Order in 2019 on August 5, 2019. This action led to the abolition of both Article 370 and Article 35(A).
With the revocation of Article 370, Jammu and Kashmir has now been fully integrated into the Indian Constitution. Article 370 originated from the instrument of accession signed by Maharaja Hari Singh in 1947. It provided Jammu and Kashmir with an exemption from certain aspects of the Indian Constitution when enacted on October 19, 1949. Article 35(A), stemming from Article 370, is unique as it is included in Appendix I rather than the main body of the Constitution.
It granted special privileges and rights to the permanent residents of Jammu and Kashmir. The Jammu and Kashmir Reorganisation Act of 2019 restructured the state, dividing it into two Union Territories—Jammu and Kashmir and Ladakh. This legislation empowers the Central Government to issue executive orders for both Union Territories. The Union Territory of Jammu and Kashmir is governed under Article 239 of the Indian Constitution, with Article 239(A), originally formulated for the Union Territory of Puducherry, also applicable.
Provisions for Maharashtra and Gujarat
Article 371 authorizes the President to mandate that the Governors of Maharashtra and Gujarat have special responsibilities for establishing separate development boards, ensuring fair allocation of funds, and facilitating education and employment opportunities in certain regions.
Provisions for Nagaland
- Article 371(A) has special rules for Nagaland.
- Some national laws don’t apply in Nagaland unless the state government agrees.
- These exemptions cover things like local customs, land laws, and how justice is done.
- The Governor of Nagaland has special powers to keep peace, especially if some Nagas are causing trouble.
- The Governor must make sure that money from the central government is used properly in the state.
- There’s a special council for one district, Tuensang, with 35 members.
- The Governor decides how this council works and who’s in it.
- These special rules are for ten years, but they might continue longer if the council suggests it.
- The Governor looks after Tuensang’s administration and can make rules for its progress.
- Laws made by Nagaland’s government don’t automatically apply to Tuensang unless the Governor says so.
- The Governor can also make new rules for Tuensang or change existing laws.
- Nagaland’s Legislative Assembly can have 46 members instead of the usual rules.
- A Minister is chosen from Nagaland’s Legislative Assembly to handle Tuensang’s affairs.
- The Governor has the final say on everything related to Tuensang.
- People elected to Nagaland’s Legislative Assembly, including those from Tuensang, can vote in the elections for the President and the Rajya Sabha.
Provisions for Assam
The 22nd Constitution Amendment Act of 1969 introduced Article 371(B) to grant special provisions for Assam. According to this article, the President has the authority to establish a committee within the Assam Legislative Assembly, comprising members elected from tribal areas and others designated by the President. The Governor may be instructed to supervise the duties and obligations of this committee.
Provisions for Manipur
The 7th Amendment Act of the Constitution introduced Article 371(C), providing special provisions for Manipur, which attained statehood in 1971. Article 371(C) empowers the President to establish a committee within the Manipur Legislative Assembly, consisting of members elected from hill areas. The President may also instruct the Governor to ensure the effective functioning of this committee. Additionally, according to Article 258, the Governor must annually submit a report to the President regarding the administration of the hill areas. Furthermore, the Central Government possesses the authority to issue directives to the State Government concerning the governance of these hill areas.
Provisions for Andhra Pradesh and Telangana
Introduced by the 32nd Constitutional Amendment Act of 1973, Articles 371(D) and 371(E) provide special provisions for Andhra Pradesh, later extended to Telangana following the Andhra Pradesh Reorganisation Act of 2011. Under Article 371(D):
- The President has the authority to ensure equal opportunities and amenities for people across the state concerning public employment and education.
- The State Government may receive directives to create civil posts in local cadres for different regions of the state.
- The President can establish an Administrative Tribunal to handle disputes and grievances related to civil posts in the state, operating independently of the State High Court.
Article 371(E) grants Parliament the power to establish a Central University in the state.
Provisions for Sikkim
The 36th Constitutional Amendment Act of 1975 granted Sikkim full statehood within the Indian Union, introducing Article 371(F) with special provisions, including:
- The Sikkim Legislative Assembly must comprise no fewer than 30 members.
- Allocation of one seat to Sikkim in the Lok Sabha, establishing one Parliamentary Constituency.
- Parliament is authorized to determine the number of seats in the Sikkim Legislative Assembly and delineate Assembly Constituencies for specific segments.
- The Governor holds special responsibility for maintaining peace and ensuring equitable arrangements for the social and economic advancement of diverse communities in Sikkim. The President can issue directives, and the Governor acts at his discretion.
- The President has the authority to extend any law in force in a State of the Indian Union to Sikkim, with certain restrictions or modifications.
Provisions for Mizoram
Article 371(G) was added to the Constitution of India through the 53rd Amendment Act of 1986, providing special provisions for Mizoram. These provisions were based on the North-East Region (Reorganisation) Act of 1971, which separated Mizoram from Assam. Article 371(G) includes the following special provisions:
- Acts of Parliament concerning the religious or social practices of the Mizos, Mizo customary law, administration of justice based on Mizo customary law, and ownership and transfer of land require approval from the Mizoram Legislative Assembly.
- The Mizoram Legislative Assembly must have a minimum of 40 members. Initially, Mizoram was part of the Sixth Schedule areas, known as Mizo Autonomous Districts (Chakma, Mara, and Lai).
Provisions for Arunachal Pradesh
The 55th Constitutional Amendment Act of 1986 introduced Article 371(H) to establish special provisions for Arunachal Pradesh, which attained statehood in 1987. According to Article 371(H):
- The Governor bears special responsibility for maintaining law and order in the state. The Governor’s decision, made in consultation with the Council of Ministers, is conclusive. This special responsibility ends upon the President’s instruction.
- The Arunachal Pradesh Legislative Assembly must comprise at least 30 members.
Provisions for Goa
Originally designated as a Union Territory following its acquisition from Portuguese rule, Goa achieved statehood in 1987. The 56th Constitutional Amendment Act of 1987 introduced Article 371(I), which mandates that the Goa Legislative Assembly must have a minimum of 30 members.
Provisions for Karnataka
The Constitution was amended in 2012 with the addition of Article 371(J), which grants authority to the Governor of Karnataka to initiate measures for the progress of the Hyderabad-Karnataka region. This region includes Gulbarga, Bidar, Raichur, Koppal, Yadgir, and Bellary districts. The President may empower the Governor to establish a development board, and annual reports regarding its activities are to be presented before the State Legislative Assembly. This article also ensures fair distribution of funds, reservations in educational institutions, and government jobs for the residents of this region.
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