Article 371 of the Constitution of India provides special provisions for certain states. It aims to address the unique needs of specific regions. This article was incorporated through various amendments. The provisions are designed to protect cultural, social, and economic interests of backward regions.
Historical Context
Originally, the Constitution of India did not include special provisions for these states. Over time, amendments were made to accommodate the needs of various regions. These amendments were made under Article 368, which grants Parliament the power to amend the Constitution. The provisions were created to address issues like law and order and regional development.
Structure of Article 371
Article 371 consists of several sub-articles, labelled A to J. Each sub-article addresses the specific needs of different states. These provisions are included in Part XXI of the Constitution, titled ‘Temporary, Transitional and Special Provisions’.
Objectives of Article 371
The main objectives are:
- To meet the aspirations of people in backward regions.
- To protect the cultural interests of tribal populations.
- To address law and order issues in certain areas.
These provisions are intended to remain in force until the crisis is resolved, without an explicit expiry date.
States Covered by Article 371
Article 371 provisions apply to twelve states:
- Maharashtra
- Gujarat
- Nagaland
- Assam
- Manipur
- Andhra Pradesh
- Telangana
- Sikkim
- Mizoram
- Arunachal Pradesh
- Goa
- Karnataka
Provisions for Maharashtra and Gujarat
Under Article 371, the Governors of Maharashtra and Gujarat have special responsibilities. They must establish development boards for specific regions:
- Vidarbha and Marathwada in Maharashtra.
- Saurashtra and Kutch in Gujarat.
They must also ensure equitable allocation of funds for development in these areas.
Provisions for Nagaland
Article 371A provides special provisions for Nagaland:
- No Parliament acts apply to Nagaland regarding social practices and land ownership unless the State Assembly decides.
- The Governor has special responsibilities for law and order.
- A regional council must be established for the Tuensang district.
These provisions aim to respect the cultural practices of the Naga people.
Provisions for Assam
Article 371B allows the President to create a committee within the Assam Legislative Assembly. This committee consists of members elected from tribal areas. It aims to ensure representation and address local issues.
Provisions for Manipur
Article 371C permits the President to form a similar committee for Manipur. Members are elected from the Hill Areas. The Governor has special responsibilities to ensure the committee functions properly.
Provisions for Andhra Pradesh and Telangana
Article 371D, extended to Telangana in 2014, focuses on equitable opportunities in employment and education. The President can require the state to organise civil posts in local cadres. An Administrative Tribunal can be established to address grievances related to appointments.
Provisions for Sikkim
Article 371F, introduced in 1975, grants Sikkim special provisions. The Sikkim Legislative Assembly must have at least 30 members. The Governor has special responsibilities for social and economic advancement of various sections of the population.
Provisions for Mizoram
Article 371G states that Parliament acts concerning social practices and land ownership do not apply unless the Mizoram Legislative Assembly decides. This aims to uphold the customs and rights of the Mizo people.
Provisions for Arunachal Pradesh
Article 371H designates special responsibilities for the Governor regarding law and order. The Governor’s decisions in this regard are final. The Arunachal Pradesh Legislative Assembly must consist of at least 30 members.
Provisions for Goa
Article 371I mandates that the Goa Legislative Assembly must have a minimum of 30 members. This ensures adequate representation within the state.
Provisions for Karnataka
Article 371J provides for a separate development board for the Hyderabad-Karnataka region. It ensures equitable allocation of funds for development. The article also mandates reservation of seats in educational institutions and government jobs for local residents.
Impact of Article 371
The provisions under Article 371 have impacted regional governance. They empower local populations and promote development in backward areas. These articles help maintain peace and order in regions with unique cultural identities.
Temporary Nature of Provisions
Despite being labelled as ‘temporary’, there is no fixed expiry date for these provisions. They remain effective until the specific issues they address are resolved. This allows for flexibility in governance.
Amendments and Changes
The incorporation of Article 371 and its sub-articles occurred through various amendments. Each amendment addressed the specific needs of states as they evolved. These changes reflect the dynamic nature of Indian governance.
