Special Provisions for Some States (Articles 371 to 371-J)

• Scope: Part XXI of the Constitution contains special provisions for twelve states: Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka.
• Objectives:
  • Address aspirations of people in backward regions.
  • Protect cultural and economic interests of tribal populations.
  • Manage disturbed law and order situations.
  • Safeguard the interests of local residents.
• Historical Context: Initially, the Constitution did not include these special provisions; they were added later through amendments related to state reorganization or granting statehood to Union Territories.

Provisions for Maharashtra and Gujarat (Article 371)

• President's Authority: The President can authorize the Governor of Maharashtra and Gujarat to have special responsibilities for:
  • Establishing separate development boards for:
    • Vidarbha, Marathwada, and the rest of Maharashtra.
    • Saurashtra, Kutch, and the rest of Gujarat.
  • Ensuring that a report on the functioning of these boards is presented annually to the State Legislative Assembly.
  • Promoting equitable allocation of funds for developmental expenditure in these areas.
  • Arranging for adequate technical education, vocational training facilities, and employment opportunities in state services for these regions.

Provisions for Nagaland (Article 371-A)

• Parliamentary Laws: Acts of Parliament concerning the following do not apply to Nagaland unless the State Legislative Assembly decides:
  • Religious or social practices of the Nagas.
  • Naga customary law and procedure.
  • Administration of civil and criminal justice based on Naga customary law.
  • Ownership and transfer of land and its resources.
• Governor's Special Responsibility: The Governor has special responsibility for law and order as long as internal disturbances caused by hostile Nagas persist; acts on individual judgement after consulting the Council of Ministers, and the decision is final until the President directs otherwise.
• Central Funds: The Governor ensures that funds from the Central Government for specific purposes are included in the demand for a grant relating to that purpose.
• Tuensang District:
  • A regional council of 35 members is established for the Tuensang district.
  • The Governor makes rules for the council's composition, member selection, qualifications, term, procedures, staff appointment, and functioning.
  • For ten years or longer as specified by the Governor:
    • The Governor administers the Tuensang district.
    • The Governor equitably distributes funds between Tuensang and the rest of Nagaland.
    • Acts of the Nagaland Legislature do not apply to Tuensang unless the Governor directs so, based on the regional council's recommendation.
    • The Governor can make Regulations for peace, progress, and good government of the Tuensang district, including repealing or amending existing laws.
    • A Minister for Tuensang affairs is appointed from the members representing Tuensang district in the Nagaland Legislative Assembly.
    • Final decisions on matters related to Tuensang district are made by the Governor in his/her discretion.
    • Members in the Nagaland Legislative Assembly from the Tuensang district are not directly elected by the people but by the regional council.

Provisions for Assam and Manipur

Assam (Article 371-B)

• The President can provide for a committee in the Assam Legislative Assembly consisting of members elected from the Tribal Areas (specified in the Sixth Schedule) and other members as specified by the President.

Manipur (Article 371-C)

• President's Authority:
  • The President can authorize the creation of a committee of the Manipur Legislative Assembly consisting of members elected from the Hill Areas.
  • The President can direct that the Governor has special responsibility for the proper functioning of that committee.
  • The Governor submits an annual report to the President regarding the administration of the Hill Areas.
  • The Central Government can give directions to the State Government regarding the administration of the Hill Areas.

Provisions for Andhra Pradesh or Telangana (Articles 371-D and 371-E)

• Equitable Opportunities: The President can provide for equitable opportunities and facilities in public employment and education for people from different parts of the state.
• Local Cadres: The President can require the State Government to organize civil posts in local cadres and provide for direct recruitment to posts in any local cadre. The President can specify local areas for educational admissions and the extent of preference or reservation for direct recruitment.
• Administrative Tribunal: The President may provide for an Administrative Tribunal to handle disputes related to appointment, allotment, or promotion to civil posts, outside the purview of the State High Court. The President can abolish the tribunal when its existence is no longer necessary.
• Central University: Article 371-E empowers the Parliament to establish a Central University in the state of Andhra Pradesh.

Provisions for Sikkim (Article 371-F)

• Legislative Assembly: The Sikkim Legislative Assembly must consist of at least 30 members.
• Lok Sabha: One seat is allotted to Sikkim in the Lok Sabha, forming one Parliamentary constituency.
• Protecting Interests: The Parliament can provide for:
  • The number of seats in the Sikkim Legislative Assembly that may be filled by candidates from specific sections.
  • Delimitation of Assembly constituencies from which candidates belonging to such sections alone may stand for election.
• Governor's Responsibility: The Governor has special responsibility for peace and ensuring the social and economic advancement of different sections of the Sikkim population, acting in discretion subject to the President's directions.
• Extension of Laws: The President can extend (with restrictions or modifications) to Sikkim any law in force in a state of the Indian Union.

Provisions for Mizoram (Article 371-G)

• Parliamentary Laws: Acts of Parliament concerning the following do not apply to Mizoram unless the State Legislative Assembly decides:
  • Religious or social practices of the Mizos.
  • Mizo customary law and procedure.
  • Administration of civil and criminal justice involving decisions according to Mizo customary law.
  • Ownership and transfer of land.
• Legislative Assembly Size: The Mizoram Legislative Assembly must consist of not less than 40 members.

Provisions for Arunachal Pradesh and Goa

Arunachal Pradesh (Article 371-H)

• Governor's Responsibility: The Governor has special responsibility for law and order, acting on individual judgement after consulting the Council of Ministers; this responsibility ceases when the President directs.
• Legislative Assembly Size: The Arunachal Pradesh Legislative Assembly must consist of not less than 30 members.

Goa (Article 371-I)

• The Goa Legislative Assembly is to consist of not less than 30 members.

Provisions for Karnataka (Article 371-J)

• President's Authority: The President can empower the Governor to have special responsibility for:
  • Establishing a separate development board for the Hyderabad-Karnataka region.
  • Ensuring a report on the board's working is placed annually before the State Legislative Assembly.
  • Promoting equitable allocation of funds for developmental expenditure in the region.
  • Reserving seats in educational and vocational training institutions in the region for students who belong to the region.
  • Reserving state government posts in the region for persons who belong to the region.
• Objectives: The 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.
• Context: In 2010, the Legislative Assembly and Council of Karnataka passed resolutions seeking special provisions for the Hyderabad-Karnataka region, which was endorsed by the government to accelerate development and promote inclusive growth, reducing inter-district and inter-regional disparities.

Table: Articles Related to Special Provisions for some States at a Glance

Article No.	Subject-matter
371	Special provision with respect to the states of Maharashtra and Gujarat
371A	Special provision with respect to the state of Nagaland
371B	Special provision with respect to the state of Assam
371C	Special provision with respect to the state of Manipur
371D	Special provisions with respect to the state of Andhra Pradesh or Telangana
371E	Establishment of Central University in Andhra Pradesh
371F	Special provisions with respect to the state of Sikkim
371G	Special provision with respect to the state of Mizoram
371H	Special provision with respect to the state of Arunachal Pradesh
371-I	Special provision with respect to the state of Goa
371J	Special provisions with respect to the state of Karnataka