Special provisions to states

Special provisions to states are enshrined in our constitution.Article 370 & 371 are importnat among these.PART XXI. of Indian constitution ensures TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS for states.The Special provisions to states are explained in detail here.

Special provisions to states

Special provisions to states

Article 371 – Special Provisions for Maharashtra & Gujrat

President is authorised to provide that Governor of Maharashtra & Gujrat would have special responsibilities for:

  1. The establishment of separate development boards for Vidarbha  Marathawada and the rest of Maharashtra and Saurasthra Kutch and the rest of Gujarat.
  2. Making provision that a report on the working of these boards would be placed every year before state legislative assembly.
  3. The equitable allocation of funds for development expenditure over the above mentioned areas.
  4. Equitable arrangement providing adequate facilities for technical education and vocational training and adequate employment opportunity in the state services in respect to above mentioned area.

Article 371 A – Special Provisions for Nagaland

Act of parliament relating to following matters would not apply to Nagaland unless state assembly so decides:

  • Religious & social practices of Nagas.
  • Nagas customary law & procedure.
  • Administration of civil or criminal justice involving decisions according to Naga customary law.
  • Ownership & transfer of land & its resources.
  • Special responsibility of governor wrt law & order in the state (after consulting COMs, but his decision will be final) regarding internal disturbances occurring in Naga hills mainly in Tuesang area (Special responsibility ceases if President directs so).
  • A regional council for Tuensang district, consisting of 35 members should be formed & governor in his discretion shall make all the rules & terms regarding this council.

For a period of 10 years, from formation of state of Nagaland or for further period as specified by Governor, on recommendations of regional council, following provisions would be operative for Tuensang district:

  • Administration of Tuensang district shall be carried on by the governor.
  • Governor in his discretion shall arrange for equitable distribution of money, b/w Tuensang district & Rest of Nagaland, provided by center.
  • There shall be a minister for Tuensang affairs in state COMs.
  • Final decision on all matters relating to Tuensang district shall be made by governor in his discretion.

Members in Nagaland assembly from the Tuensang district are not elected directly by the people but by regional council.

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Article 371 B – Special Provisions for Assam

  1. President may provide for the constitution & functions, a committee of Legislative assembly of the state, consisting of members of that assembly elected from the tribal area of Assam.
  2. President can also direct that the governor shall have special responsibility to secure proper functioning of that committee.

Article 371 C – Special Provisions for Manipur

  • President may provide for the constitution & functions, a committee of Legislative assembly of the state, consisting of members of that assembly elected from the hill areas of Manipur.
  • President can also direct that the governor shall have special responsibility to secure proper functioning of that committee.
  • Governor should submit an annual report to the President regarding the administration of Hill areas.

Article 371D – Special Provisions for Andhra Pradesh

  • President is empowered to provide equitable opportunities & facilities for people belonging to different parts of the state in matter of public employment & education.

For above purpose, President may require the state government to organize civil posts in local cadre for different parts of the state & also provide for direct recruitment to posts in local cadre (or in any such educational institution).

  • President may provide for establishment of an administrative tribunal in state to deal with certain disputes, relating to appointment, allotment or promotion to civil posts in state.

Only SC is to exercise jurisdiction over such tribunal which means they are outside the purview of HC (President may abolish the tribunals if he thinks it is not necessary).

Nb: Article 371-D will be applicable to both successor states of Andhra Pradesh post bifurcation and provisions have been made in Andhra Pradesh (Reorganisation) Act, 2014 for the same to amend Constitution accordingly.

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Article 371 E – Special Provisions for Sikkim

  • Legislative assembly shall not less than 30 members + 1 seat from the state in Lok Sabha & 1 in parliamentary constituency.

For the purpose of protecting the rights & interest of different sections of Sikkim population, Parliament is empowered to provide number of seats in Sikkim administrative assembly for the people belonging to such sections.

  • Governor in his discretion have special responsibility for peace & equitable arrangement for socio- economic development of different sections of Sikkim.

Article 371 G – Special Provisions for Mizoram

  • Legislative assembly shall not be less than 40 members.

Act of parliament relating to following matters would not apply to Mizoram unless state assembly so decides :

  1. Religious & social practices of Mizoram.
  2. Mizo customary law & procedure.
  3. Administration of civil or criminal justice involving decisions according to Mizo customary law.
  4. Ownership & transfer of land & its resources.

Article 371 H – Special provisions for Arunachal Pradesh

  • Legislative assembly shall not be less than 30 members.

Governor of Arunachal Pradesh on directions of President, shall have special responsibility for law & order in state.

Article 371 I – Special provisions for Goa

  • The Goa legislative assembly is to consist not less than 30 members.

Also see:- HINDU NOTES monthly magazines | PIB monthly magazines

Article 371 J – special provision for Karnataka

  • Establishment of a separate development board for Hyderabad Karnataka region.
  • Making a provision that a report on working of board will be placed every year before the state legislative assembly.
  • Equitable allocation of funds for developmental expenditure over the region.
  • The reservation of seats in educational and vocational training institutions in the region for the students belonging to the region.
  • The reservation in the state government jobs in the region for person belonging to the region.

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