SPECIAL PROVISIONS FOR SOME STATES

Polity

CONTEXT

• Articles 371 to 371-J in Part XXI contain special provisions for 12 states: Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka.
• These provisions were added later through constitutional amendments related to state reorganisation or granting statehood.
• Meghalaya and Tripura are NOT included.
• Total 11 special articles.

ARTICLE 371 – MAHARASHTRA & GUJARAT
• President can direct that the Governor shall have special responsibility for:
  – Establishing separate development boards.
  – Balanced regional development.
  – Equitable distribution of funds.

ARTICLE 371A – NAGALAND
• Acts of Parliament relating to the following subjects do NOT apply unless State Assembly decides:
  – Religious or social practices of Nagas.
  – Customary law & procedure.
  – Civil & criminal justice involving customary law.
  – Ownership & transfer of land and its resources.
• Governor has special responsibility regarding law & order.

ARTICLE 371B – ASSAM
• President can create a committee in Assam Legislative Assembly.
• Committee consists of members elected from Tribal Areas.
• Objective: Ensure adequate representation of tribal needs in legislation.

ARTICLE 371C – MANIPUR
• President can create a Hill Areas Committee in Manipur Assembly.
• Governor must report annually to President regarding administration of hill areas.

ARTICLES 371D & 371E – ANDHRA PRADESH

Article 371D:
• President can provide equitable opportunities in:
  – Public employment,
  – Education,
  – Local area preferences.
• Helps maintain regional balance.
Article 371E:
• Parliament empowered to establish a Central University in the state.

ARTICLE 371F – SIKKIM
• Inserted by 36th CAA, 1975.
• Special provisions include:
  – Protection of laws in force before Sikkim joined India.
  – State Assembly composition flexibility.
  – Representation rights for different sections of population.

ARTICLE 371G – MIZORAM
• Acts of Parliament relating to:
  – Religious/social practices,
  – Customary law & procedure,
  – Civil & criminal justice based on customary law,
  – Ownership & transfer of land
  …shall NOT apply unless Assembly decides.

ARTICLE 371H – ARUNACHAL PRADESH
• Governor has special responsibility for law and order.
• Governor may act in his individual judgment.
• His decision is final after consulting Council of Ministers.

ARTICLE 371I – GOA
• Goa Legislative Assembly must have at least 30 members.

ARTICLE 371J – KARNATAKA (HYDERABAD–KARNATAKA REGION)
• President may provide special responsibility to Governor for:
  – Development of backward regions.
  – Reservation in education & government jobs.
  – Establishment of a separate development board.

COMPARISON: 5TH SCHEDULE VS 6TH SCHEDULE AREAS

5TH SCHEDULE AREAS
• Term used: Scheduled Areas.
• Executive powers of Union extend here.
• Tribal Advisory Council (TAC) mandatory.
  – 20 members.
  – Advises on welfare & development of Scheduled Tribes.
• TAC is created by State Legislature.
• Governor has power to modify laws in these areas.
• Applicable to most tribal areas in central & western India.

6TH SCHEDULE AREAS
• Term used: Tribal Areas.
• Located mainly in North-East.
• Have District & Regional Councils:
  – 30 Members.
  – Powers: legislative, judicial & administrative.
• Bodies are constitutional (created directly by Constitution).
• Enjoy autonomy in:
  – Land management,
  – Judicial processes,
  – Local governance,
  – Taxation on specific subjects.
• State executive authority continues but with reduced control.

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Subject: Polity

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