Article 371 Of Indian Constitution : Special Provisions For States

There is always a big hue & cry about special provisions for Jammu and Kashmir under Article 370. Some people believe that Article 370 will break Jammu and Kashmir from India. But most of them do not know that there are 13 states in India having special provisions given by the Indian Constitution.

Also read:  Article 35A For Jammu and Kashmir

One thing is notable here that Special Provision in Constitution is different from “Special status” of the states. “Special provision” state and “special category” state should not be confused with each other.

What is Article 371 of Indian Constitution:

Indian Constitution

  • It comes under Para 21 of Indian Constitution (Temporary, Transitional &and Special Provisions).
  • Article 371 & its sub sections, deal with specific terms for Maharashtra, Assam, Gujarat, Nagaland, etc. Normally, they are about establishing some development council for the particular underdeveloped quarters to confer more funds and reservation in local Govt. jobs, etc.
  • As we see in Article 371-D, Telangana state (now a state) has a prerequisite of local personnel for reservation in direct recruitment & admission to educational establishments & setting up of a central bench.
  • It has undergone revision many times, to insert new articles. Let us see special provisions of Indian Constitution given to different states and those come under subsections of Article 371.

Article 371- Special Provisions for Gujarat and Maharashtra:

It says President will make sure that Governor of these states has outstanding obligations for:

  1.  Establishing of individual development committees for backward areas like Vidarbha, Marathwada of Maharashtra and Kutchh of Gujarat.
  2. State Assembly will discuss its annual work report.
  3. Impartial allocation of funds for advancement expenditure over the specified areas.
  4. To make Special arrangements that provide sufficient facilities for technical, vocational education and proper opportunities for jobs in state services.

Article 371-A: Special provisions for Nagaland:

  • No central act made by Indian Parliament is applicable in matters related to:
  1. Religious and cultural traditions of Nagaland people (Nagas).
  2. Their Conventional laws and modes.
  3. Thier criminal and civil law related decisions.
  4. Control of land transferral and resources.
  • Law and order will be under control of governor (consultation with CM, but governor decision is final) regarding civil disturbances occur especially in Tuensang area of naga hills.
  • Governor to make sure that funds given by the GOI out of the consolidated fund of Indian state for any particular plan, is incorporated in the request for the grant associating to that definite purpose only, not any other.
  • A local senate of 35  members will be formed by the governor in Tuensang region. Governor will make all rules and regulations regarding this Senate.
  • For ten years, from the state government formation (period may extend by the governor), on the advice of the local senate, following provisions will be applicable in Tuensang region:
  1. Governor will administer the Tuensang area.
  2. Governor will make sure that fair distribution of funds between Tuensang and other regions of the state.
  3. There shall be mandatory for state cabinet to include a minister of Tuensang affairs.
  4. Governor will be the final authority in case of any dispute in Tuensang region.
  5. The people of the Tuensang region does not vote for their representatives in the state assembly, but regional senate chooses them.

Article 371-B: Special provisions for Assam:

It says:

  • President of India may render a committee for the constitution & functions of the legislative assembly, members of which elected from tribal regions of the Assam.
  • President of India will also direct that the committee will be governed and supervise by the governor of the state and governor will have a particular responsibility to make sure the proper functioning of the board.

Article 371-C: Special provisions for Manipur State:

  • President of India may render a committee for the constitution & functions of the legislative assembly, members of which elected from the hill regions of the Manipur.
  • President of India will also direct that the committee will be governed and supervise by the governor of the state. The governor will have a particular responsibility to make sure the proper functioning of the board.
  • Governor will submit an annual report about management of the hilly regions state to the president.

Also read Article 370 Of Constitution, Special Status to Jammu and Kashmir

Article 371-D: Special provisions for Andhra:

  • President has the power through this article to provide equal opportunities and means to local people in the matters of jobs and education.
  •  For this, President may ask the state to create civil posts in local organizations for different regions of the state and also provide for direct recruitment to posts in local institutes.
  • President can ask the state for making an administrative tribunal to deal with disputes related to placement, allocation, and promotions in public posts of services.
  • Although the President of India can abolish these tribunals and also Supreme Court of India will have jurisdiction over it, but it will not come under the purview of the High court.

Article 371-E: Special provisions for Central University in Andhra Pradesh:

It says:

Indian Parliament may by law grant for the establishing a Central University in the State of Andhra Pradesh.

Article 371-F: Special provisions for Sikkim:

It says:

  • State Legislative assembly will have 30 members+ 1 seat of Lok Sabha + 1 seat in the parliamentary constituency.
  • Parliament of India has powers to provide the number of seats in state executive assembly representing different sections of the state.
  • With the direction from President, Governor of the state have specific responsibilities for harmony and impartial arrangements for the social and economic progress in different areas of the state.

Article 371-G: Special provisions for Mizoram:

It says:

  • State legislative assembly will consist of at least 40 members.
  • Following matters will be out of the purview of the Parliament of India:
  1. Religious and cultural traditions of Mizoram people (Mizo).
  2. Their Conventional laws and procedures.
  3. Thier criminal and civil law related decisions.
  4. Control of land transferral and resources.

Article 371-H: Special provisions for Arunachal Pradesh:

  • State legislative assembly will consist of 30 members.
  • On the directions from the President, Law and order will be under control of governor (consultation with CM, but governor decision is final).
  • After receiving a report from the governor, if the president feels that there is no longer need of Governor to have this particular responsibility, he may by command direct that the Governor shall discontinue having such duty with effect from the date of the order.

Article 371-I: Special provisions for Goa:

  • State legislative assembly should not have less than 30 members.

Article 371-J: Special Status for Hyderabad & Karnataka:

  • 118th Constitution amendment bill.
  • It gives special status to six underdevelop districts of Karnataka and Hyderabad.
  • It asks for establishing separate development board for these districts.
  • Board will make sure impartial and proper fund allocation to these regions.
  • Board will make sure the reservation to domicile citizens in jobs and education.
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