Special Provision for Some States in the Constitution of India


Articles 371 to 371J in Part XXI of the constitution contain special provisions for eleven states viz., Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka.

Originally, the constitution did not make any special provisions for these states.

Special provision with respect to the States of Maharashtra and Gujarat [Article 371]

[a] the establishment of separate development boards for Vidarbha, Marathwada, [and the rest of Maharashtra or, as the case may be,] Saurashtra, Kutch and the rest of Gujarat with the provision that a report on the working of each of these boards will be placed each year before the State Legislative Assembly;

[b] the equitable allocation of funds for developmental expenditure over the said areas, subject to the requirements of the State as a whole; and

[c] an equitable arrangement providing adequate facilities for technical education and vocational training, and adequate opportunities for employment in services under the control of the State Government, in respect of all the said areas, subject to the requirements of the State as a whole.

 

Special provision with respect to the State of Nagaland [Article 371A]

[1] The Acts of Parliament relating to the following matters would not apply to Nagaland unless the State Legislative Assembly so decides:

[a] religious or social practices of the Nagas;

[b] Naga customary law and procedure;

[c] administration of civil and criminal justice involving decisions according to Naga customary law; and

[d] ownership and transfer of land and its resources.

[2] The Governor of Nagaland shall have special responsibility with respect to law and order in the State of Nagaland for so long as in his opinion internal disturbances occurring in the Naga Hills-Tuensang Area immediately before the formation of that State continue therein or in any part thereof 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.

[3] If any question arises whether any matter is or is not a matter as respects which the Governor is under this sub-clause required to act in the exercise of his individual judgment, 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.

[4] The Governor has to ensure that the money provided by the Central Government for any specific purpose is included in the demand for a grant relating to that purpose and not in any other demand moved in the State Legislative Assembly.

[5] A regional council consisting of 35 members should be established for the Tuensang district of the state. The Governor should make rules for the composition of the council, manner of choosing its members5, their qualifications, term, salaries and allowances; the procedure and conduct of business of the council.

[6] For a period of ten years from the formation of Nagaland or for such further period as the Governor may specify on the recommendation of the regional council, the following provisions would be operative for the Tuensang district:

[a] The administration of the Tuensang district shall be carried on by the Governor.

[b] The Governor shall in his discretion arrange for equitable distribution of money provided by the Centre between Tuensang district and the rest of Nagaland.

[c] Any Act of Nagaland Legislature shall not apply to Tuensang district unless the Governor so directs on the recommendation of the regional council.

[d] The Governor can make Regulations for the peace, progress and good government of the Tuensang district. Any such Regulation may repeal or amend an Act of Parliament or any other law applicable to that district.

[e] There shall be a Minister for Tuensang affairs in the State Council of Ministers. He is to be appointed from amongst the members representing Tuensang district in the Nagaland Legislative Assembly.

[f] The final decision on all matters relating to Tuensang district shall be made by the Governor in his discretion.

[g] Members in the Nagaland Legislative Assembly from the Tuensang district are not elected directly by the people but by the regional council.

 

Special provision with respect to the State of Assam [Article 371 B]

The President is empowered to provide for the creation of a committee of the Assam Legislative Assembly consisting of the members elected from the Tribal Areas of the state and such other members as he may specify.

 

Special provision with respect to the State of Manipur [Article 371 C]

[1] The President may, by order made with respect to the State of Manipur, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the Hill Areas of that State, for the modifications to be made in the rules of business of the Government and in the rules of procedure of the Legislative Assembly of the State and for any special responsibility of the Governor in order to secure the proper functioning of such committee.

[2] The Governor shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Hill Areas in the State of Manipur and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas.

Explanation— In this article, the expression “Hill Areas” means such areas as the President may, by order, declare to be Hill areas.

 

Special provisions with respect to the State of Andhra Pradesh [Article 371 D]

[1] The President is empowered to provide for equitable opportunities and facilities for the people belonging to different parts of the state in the matter of public employment and education and different provisions can be made for various parts of the state.

(2) An order made under clause [1] may, in particular,—

[a] require the State Government to organise 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 organised;

[b] specify any part or parts of the State which shall be regarded as the local area

[c] specify the extent to which, the manner in which and the conditions subject to which, preference or reservation shall be given or made

[3] The President may, by order, provide for the constitution of an Administrative Tribunal for the State of Andhra Pradesh to exercise such jurisdiction, powers and authority [including any jurisdiction, power and authority which immediately before the commencement of the Constitution (Thirty-second Amendment) Act, 1973, was exercisable by any court (other than the Supreme Court) or by any tribunal or other authority] as may be specified.

[4] The High Court for the State shall not have any powers of superintendence over the Administrative Tribunal and no court (other than the Supreme Court) or tribunal shall exercise any jurisdiction, power or authority in respect of any matter subject to the jurisdiction, power or authority of, or in relation to, the Administrative Tribunal.

[5] If the President is satisfied that the continued existence of the Administrative Tribunal is not necessary, the President may by order abolish the Administrative Tribunal and make such provisions in such order as he may deem fit for the transfer and disposal of cases pending before the Tribunal immediately before such abolition.

Article 371 E – Parliament may by law provide for the establishment of a University in the State of Andhra Pradesh.

 

Special provisions with respect to the State of Sikkim [Article 371F]

The 36th Constitutional Amendment Act of 1975 made Sikkim a full-fledged state of the Indian Union.

It included a new Article 371-F containing special provisions:

[1] The Legislative Assembly of the State of Sikkim shall consist of not less than thirty members;

[2] One seat is allotted to Sikkim in the Lok Sabha.

[3] Parliament may, for the purpose of protecting the rights and interests of the different sections of the population of Sikkim make provision for the number of seats in the Legislative Assembly of the State of Sikkim which may be filled by candidates belonging to such sections and for the delimitation of the assembly constituencies from which candidates belonging to such sections alone may stand for election to the Legislative Assembly of the State of Sikkim;

[4] The Governor of Sikkim shall have special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population of Sikkim.

 

Special provision with respect to the State of Mizoram [Article 371 G]

[1] The Acts of Parliament relating to the following matters would not apply to Mizoram unless the State Legislative Assembly so decides:

[a] religious or social practices of the Mizos,

[b] Mizo customary law and procedure,

[c] administration of civil and criminal justice involving decisions according to Mizo customary law,

[d] ownership and transfer of land.

[2] The Legislative Assembly of the State of Mizoram shall consist of not less than forty members.

 

Special provision with respect to the State of Arunachal Pradesh [Article 371H]

[1] 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.

If any question arises whether any matter is or is not a matter as respects which the Governor is under this clause required to act in the exercise of his individual judgment, 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.

[2] The Legislative Assembly of the State of Arunachal Pradesh shall consist of not less than thirty members.

 

Special provision with respect to the State of Goa [Article 371I]

The Legislative Assembly of the State of Goa shall consist of not less than thirty members.

 

Provisions for Karnataka

Under Article 371-J, the President is empowered to provide that the Governor of Karnataka would have special responsibility for

[1] The establishment of a separate development board for Hyderabad-Karnataka region.

[2] Making a provision that a report on the working of the board would be placed every year before the State Legislative Assembly.

[3] The equitable allocation of funds for developmental expenditure over the region.

[4] The reservation of seats in educational and vocational training institutions in the region for students who belong to the region

[5] The reservation in state government posts in the region for persons who belong to the region.

Article 371-J (which provided for special provisions for the Hyderabad-Karnataka region of the state of Karnataka) was inserted in the Constitution by the 98th Constitutional Amendment Act of 2012.

The special provisions aim to establish an institutional mechanism for equitable allocation of funds to meet the development needs over the region, as well as to enhance human resources and promote employment from the region by providing for local cadres in service and reservation in educational and vocational training institutions.

In 2010, the Legislative Assembly as well as the Legislative Council of Karnataka passed separate resolutions seeking special provisions for the Hyderabad-Karnataka region of the state of Karnataka.