Articles 371–371J: Special Provisions
Part XXI of the Indian Constitution, encompassing Articles 371 to 371-J, offers tailored special provisions for twelve states: Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka. These articles address diverse regional needs, such as fulfilling the aspirations of people in backward areas, safeguarding the cultural and economic interests of tribal communities, managing law-and-order challenges in troubled regions, and protecting the rights of local populations.
Originally, the Constitution contained no such provisions for these states. They were introduced through successive amendments, often in response to state reorganizations or the elevation of Union Territories to full statehood, ensuring that unique local dynamics could be constitutionally accommodated.
Provisions for Maharashtra and Gujarat
Article 371 of the Indian Constitution addresses regional imbalances in Maharashtra and Gujarat by empowering the President to confer special responsibilities on their respective Governors. This provision, introduced to promote balanced development after the bifurcation of the former Bombay State, requires the Governors to oversee the establishment of dedicated development boards. For Maharashtra, these boards cover Vidarbha, Marathwada, and the rest of the state; for Gujarat, they include Saurashtra, Kutch, and the remaining areas. These bodies focus on accelerating growth in historically underdeveloped regions.
Beyond setup, the Governors must ensure transparency and equity. They are tasked with placing an annual report on the boards' functioning before the State Legislative Assembly, alongside securing a fair distribution of funds for developmental projects across these zones. Additionally, they facilitate balanced opportunities by arranging adequate facilities for technical education and vocational training, as well as employment in state services, specifically tailored to the needs of residents in these designated areas. This framework underscores the Constitution's commitment to inclusive progress within federal diversity.
Special Provisions for Nagaland under **Article 371A
Article 371A grants Nagaland unique constitutional safeguards, primarily to preserve the Naga people's distinct religious, social, and customary traditions. Notably, no Act of Parliament applies to the state in four key areas—Naga religious or social practices, customary law and procedure, the administration of civil and criminal justice based on such customary law, and the ownership and transfer of land and its resources—unless the Nagaland Legislative Assembly explicitly resolves to adopt it. This provision ensures that external legislation respects the Naga way of life, shielding it from central imposition.
The Governor of Nagaland holds special responsibility for maintaining law and order, particularly amid ongoing internal disturbances caused by hostile Naga elements. In exercising this duty, the Governor consults the Council of Ministers but applies individual judgment, with decisions being final. This authority lapses only upon the President's direction, once stability is restored. Additionally, the Governor must safeguard the integrity of central funds by ensuring that allocations for specific purposes appear under the corresponding demand for grants in the State Legislative Assembly, preventing their diversion.
To address the unique needs of the Tuensang district, a Regional Council comprising 35 members must be established. The Governor frames rules governing its composition, member selection and qualifications, tenure, salaries and allowances, business procedures, staffing, service conditions, and all other aspects essential to its effective functioning.
For an initial period of ten years from Nagaland's formation—or longer, as the Governor may extend on the Regional Council's recommendation—special administrative arrangements apply exclusively to Tuensang district. The Governor directly administers the district and, at his discretion, ensures equitable distribution of central funds between Tuensang and the rest of the state. No Act of the Nagaland Legislative Assembly extends to the district without the Governor's approval, given on the Regional Council's recommendation. The Governor may also promulgate Regulations for the area's peace, progress, and good governance; these hold the power to repeal or amend any applicable Act of Parliament or other laws.
Further reinforcing this framework, the State Council of Ministers includes a dedicated Minister for Tuensang affairs, appointed from among Legislative Assembly members representing the district. The Governor exercises final discretion over all Tuensang-related matters. Representation in the Nagaland Legislative Assembly from the district occurs indirectly: members are chosen by the Regional Council rather than through direct public election. These measures collectively foster autonomy and stability in this sensitive region, balancing local aspirations with national integration.
Assam
Article 371-B grants the President of India a unique authority to establish a dedicated committee within the Assam Legislative Assembly. This body must include members elected from the state's Tribal Areas, supplemented by any additional members the President deems fit to specify. Such a provision ensures focused representation and deliberation on tribal concerns, reflecting the Constitution's sensitivity to regional diversity.
Special Provisions for Manipur Hill Areas
Article 371-C introduces targeted special provisions for Manipur, primarily to safeguard the interests of its Hill Areas amid the state's diverse ethnic and geographical landscape. Under this article, the President holds the authority to establish a dedicated committee within the Manipur Legislative Assembly, comprising members elected exclusively from these Hill Areas. This ensures focused representation for the region's concerns.
To support its effective operation, the President may direct the Governor to assume special responsibility for the committee's proper functioning. Complementing this, the Governor is required to submit an annual report to the President, detailing the administration of the Hill Areas and highlighting any key developments or challenges. Finally, the Central Government retains the power to issue binding directions to the state government on matters concerning the governance of these areas, promoting coordinated and balanced development across Manipur.
Articles 371-D and 371-E: Special Provisions
Articles 371-D and 371-E: Special Provisions for Andhra Pradesh and Telangana
Articles 371-D and 371-E of the Indian Constitution grant unique safeguards to Andhra Pradesh, with Article 371-D now extending to Telangana as well following the Andhra Pradesh Reorganisation Act, 2014. These provisions address regional disparities by promoting equitable access to public employment and education across different parts of the states.
Under Article 371-D, the President holds significant authority to ensure fair opportunities and facilities for residents from various regions. This includes tailoring measures for public jobs and education to suit local needs, allowing distinct rules for different areas within the state. To implement this, the President can direct the state government to classify civil service posts into local cadres, mandate direct recruitment within those cadres, and define specific "local areas" for admissions to educational institutions. Additionally, the President may stipulate the scope and method of reservations or preferences in hiring for these posts or in educational admissions, fostering balanced development and preventing dominance by any single region.
A key feature of Article 371-D is the President's power to establish a state-level Administrative Tribunal. This body exclusively handles disputes and grievances related to appointments, allocations, or promotions in civil posts, operating independently of the state High Court. No other court, except the Supreme Court, can intervene in matters under the tribunal's jurisdiction. Once the tribunal has served its purpose, the President may dissolve it if its ongoing role is deemed unnecessary.
Complementing these measures, Article 371-E empowers Parliament to create a Central University in Andhra Pradesh, underscoring the commitment to enhancing higher education in the region. Together, these articles exemplify the Constitution's flexible approach to addressing the unique socio-economic challenges of these states.
Provisions for Sikkim
The 36th Constitutional Amendment Act, 1975, marked a pivotal moment by integrating Sikkim as a full-fledged state within the Indian Union. This landmark legislation introduced Article 371F, which outlines tailored special provisions to safeguard Sikkim's unique socio-political fabric while ensuring its seamless alignment with India's federal structure.
Under these provisions, the Sikkim Legislative Assembly must comprise at least 30 members, reflecting the state's compact yet diverse demographic. In the national Parliament, Sikkim holds a single seat in the Lok Sabha, forming its own dedicated parliamentary constituency. This arrangement underscores the framers' intent to provide proportionate representation without diluting the state's distinct identity.
To protect the rights and interests of Sikkim's varied population—encompassing different ethnic and social sections—Parliament holds the authority to stipulate the number of seats in the Legislative Assembly reserved for candidates from these groups. It can also define specific assembly constituencies where only candidates from such sections may contest elections. These measures promote inclusive governance and prevent marginalization in a multi-ethnic society.
The Governor of Sikkim bears special responsibility for maintaining peace and fostering equitable social and economic advancement across these population sections. In exercising this duty, the Governor operates at their discretion, guided solely by directions from the President, which adds a layer of centralized oversight to sensitive local matters.
Finally, the President enjoys the power to extend to Sikkim any law applicable in other Indian states, with necessary restrictions or modifications. This flexibility allows for a gradual harmonization of legal frameworks, respecting Sikkim's transitional integration into the Union.
Mizoram Customary and Legislative Safeguards
Article 371G grants Mizoram unique constitutional safeguards, preserving its cultural and customary traditions while ensuring legislative autonomy. Central to these provisions is the exemption of certain parliamentary laws from applying within the state. Specifically, Acts of Parliament concerning religious or social practices of the Mizos, Mizo customary law and procedure, the administration of civil and criminal justice where decisions follow Mizo customary law, and the ownership and transfer of land will not take effect in Mizoram unless the state Legislative Assembly explicitly resolves otherwise. This empowers the state to protect its indigenous way of life from external interference.
Additionally, the Mizoram Legislative Assembly must comprise at least 40 members, providing a robust foundation for local governance tailored to the state's needs.
Article 371-H: Arunachal Pradesh Safeguards
Article 371-H grants Arunachal Pradesh a set of distinctive constitutional safeguards, tailored to address its unique geopolitical and administrative needs. At the heart of these provisions lies the Governor's special responsibility for maintaining law and order across the state. When exercising this authority, the Governor consults the Council of Ministers but ultimately relies on personal judgment, with decisions carrying final weight. This arrangement ensures swift and decisive action in sensitive matters, though it remains temporary—the responsibility lapses at the President's discretion.
Complementing this, the provision also stipulates the composition of the Arunachal Pradesh Legislative Assembly, mandating a minimum of 30 members. Together, these measures underscore the Centre's commitment to balancing local autonomy with national security in this strategically vital border state.
Goa Legislative Assembly Minimum Strength
Article 371-I grants Goa a distinctive constitutional provision, mandating that its Legislative Assembly comprise not less than 30 members. This ensures a compact yet representative house tailored to the state's unique demographic and administrative needs, reflecting the framers' intent to accommodate Goa's transition to full statehood.
Article 371-J: Hyderabad-Karnataka Development
Article 371-J empowers the President to confer special responsibilities on the Governor of Karnataka, particularly concerning the Hyderabad-Karnataka region—a historically underdeveloped area that was part of the former princely state of Hyderabad before integration into Karnataka. Inserted into the Constitution by the 98th Constitutional Amendment Act, 2012, this provision establishes an institutional framework to address the region's developmental lags.
Specifically, the Governor must oversee the creation of a dedicated development board for the region and ensure that an annual report on its activities is laid before the state Legislative Assembly. The Governor also holds responsibility for the equitable allocation of funds for developmental projects across the area. To build local capacity, provisions include reserving seats in educational and vocational training institutions for students from the region, as well as prioritizing state government posts for its residents. These measures aim to foster inclusive growth by enhancing human resources, promoting employment through local cadres, and bridging inter-district and inter-regional disparities.
The impetus for Article 371-J stemmed from strong political consensus in Karnataka. In 2010, both the Legislative Assembly and Legislative Council passed resolutions urging special constitutional provisions for Hyderabad-Karnataka, a move endorsed by the state government. These steps sought to accelerate development in the state's most backward region, ensuring balanced progress and reducing longstanding inequalities.