Want create site? Find Free WordPress Themes and plugins.
Article 371 of Indian Constitution offers unique provisions for sure states to make sure equitable development. It offers specific administrative, economic, and cultural rights, permitting state-unique governance to deal with nearby desires and preserve country wide unity.
- Article 371 of Indian Constitution : List of States
- Article 371 of Indian Constitution : Provisions Maharashtra & Gujarat
- Article 371 of Indian Constitution : Provisions Nagaland & Assam
- Article 371 of Indian Constitution : Provisions Manipur & Sikkim
- Article 371 of Indian Constitution : Provisions Andhra Pradesh, Telangana & Mizoram
- Article 371 of Indian Constitution : Provisions Arunachal Pradesh, Goa & Karnataka
- Article 371 of Indian Constitution : Purpose
- Article 371 of Indian Constitution : Criticism
- Frequently Asked Question (FAQs)
Article 371 of Indian Constitution : List of States
List of States Under Article 371
The following table provides the list of articles and associated states as per Article 371.
| Name of the State | Respective Article |
| Gujarat | Article 371 |
| Maharashtra | Article 371 |
| Nagaland | Article 371 A |
| Assam | Article 371 B |
| Manipur | Article 371 C |
| Andhra Pradesh / Telangana | Article 371 D |
| Andhra Pradesh / Telangana | Article 371 E |
| Sikkim | Article 371 F |
| Mizoram | Article 371 G |
| Arunachal Pradesh | Article 371 H |
| Goa | Article 371 I |
| Karnataka | Article 371 J |
Article 371 of Indian Constitution : Provisions Maharashtra & Gujarat
Provisions for Maharashtra and Gujarat – Article 371
Article 371 A explicitly provides for provisions related to Maharashtra and Gujarat. The President, under Article 371 of Indian Constitution, enshrines the respective governors with the following special responsibilities:
- The article talks about the establishment of separate development boards. In Maharashtra, the governor could do so in Vidarbha and Marathwada. If the need arises, they could extend the mandate to the rest of Maharashtra.
- In Gujarat, the governor could do so in Saurashtra and Kutch.
- The article calls for the equitable allocation of funds for developmental expenditures. This provision is subject to the requirements of the State as a whole.
- There should be an equitable arrangement for adequate technical education and vocational training facilities.
- There should be adequate opportunities for employment in the service, which comes under the control of the state government. This provision is subject to the requirements of the State as a whole.
Article 371 of Indian Constitution : Provisions Nagaland & Assam
Provisions for Nagaland – Article 371 A (13th Amendment Act, 1962)
Article 371 of Indian Constitution relates to Nagaland. It ensures that the cultural and religious practices of the Nagas are safeguarded. It provides for the following provisions:
- The scope of application of parliamentary acts is limited here. The consent of the state legislative assembly is required in the following subject matters:
- Social and religious practices of the Nagas.
- Naga customary law and procedure
- Administration of civil and criminal justice that involves Naga customary laws.
- Any ownership and transfer of land and related resources.
- The Nagaland Governor has special power concerning law and Order. The governor is obliged to consult the Council of Ministers. But the final decision here vests with the individual judgment of the governor. This provision will continue if internal disturbances occur in the Naga Hills.
- The governor may establish a regional council for the Tuensang district. He or she can make rules related to the regional council.
- The Nagaland Legislature’s laws would not apply to Tuensang unless the regional council consented.
- The governor can make rules for the peace, progress, and good government of the Tuensang district.
- The governor must ensure that the central government funds are being allocated for the purpose for which they are released.
- This clause was not mentioned in the original Constitution and was inserted by the Constitution (Thirteenth Amendment) Act, 1962.
Provisions for Assam – Article 371 B (22nd Amendment Act, 1969)
Article 371B provides for special provisions for Assam. Under this article, the safeguards related to the tribals in the State are ensured.
- The President is empowered to create a committee consisting of members elected from the tribal areas of the State that come under the Sixth Schedule.
- The committee would be created under the auspices of the Assam Legislative Assembly.
- The President, under the Order, can make amendments to the rules of the State Assembly. This will ensure the proper functioning of such committees.
- This clause was inserted by the Constitution (Twenty-second Amendment) Act, 1969.
Article 371 of Indian Constitution : Provisions Manipur & Sikkim
Provisions for Manipur – Article 371 C
Article 371C provides special provisions for the State of Manipur. Under this article, the safeguards related to the hill areas of the State are ensured.
- The President is empowered to create a committee of members elected from the hill areas of Manipur.
- The committee would be created under the auspices of the Manipur Legislative Assembly.
- The President, under the Order, can make amendments to the rules of the State Assembly. This will ensure the proper functioning of such committees.
- The governor would submit an annual report to the President. The report would also be made whenever the President required it.
- The report would concern the administration of the hill areas in the State of Manipur.
- The hill areas are those declared by the President to be hill areas.
- The executive power of the Union would extend to giving directions to the State regarding the administration of these hilly areas.
- This clause was not present in the original text of the Constitution. The Constitution inserted it (Twenty-Seventh Amendment) Act, 1971.
Provisions for Sikkim – Article 371 F (36th Amendment Act, 1975)
Sikkim became a full-fledged member of the Indian Union in 1975. The 36th Amendment Act introduced this article in the Constitution of India. Article 371 F relates to the safeguards of Sikkim and its people.
- The Sikkim Legislative Assembly should have a minimum of thirty members. The State also has one Lok Sabha seat. The whole State is divided into one parliamentary constituency.
- The Parliament can protect the rights and interests of the various sections of the Sikkim population. It can do so by providing them with reservations for seats in the Sikkim Legislative Assembly. The Article 371 of Indian Constitution delimitation of seats also seeks to incorporate their interests.
- The governor has the authority to maintain peace in the State. He also oversees the social and economic growth of all sectors in Sikkim.
- The governor can carry out his duty with his judgment. This provision is subject to the President’s instructions.
- The President can extend any legislation from other states with limits or adjustments to Sikkim.
- The Clause excludes the jurisdiction of the Supreme Court of India on matters arising out of any treaty agreement concerning Sikkim which was executed before the accession of Sikkim to India. However, this does not apply to the advisory jurisdiction under Article 143.
Article 371 of Indian Constitution : Provisions Andhra Pradesh, Telangana & Mizoram
Provisions for Andhra Pradesh and Telangana – Article 371 D and 371 E
Article 371 D and Article 371 E relate to the states of Andhra Pradesh and Telangana. It seeks to provide special provisions regarding the State. It aims to ensure equity and the holistic development of the population.
- The President can make provisions related to the development of the State. The provisions relating to equitable opportunities and facilities for people in the State.
- The subject matter of these provisions consists of public employment and education.
- The state government would have to reorganize recruitment to offices or admission to universities according to directions made by the President.
- The President can constitute an administrative tribunal for the State. This tribunal will deal with matters related to employment in civil posts in the government.
- The Order of the Administrative Tribunal finally disposing of the cases becomes effective when confirmed by the State Government. Otherwise, it becomes final after three months from the date of the Order.
- The state government can change any order of the Administrative Tribunal before it becomes effective by giving reasons in writing. Such an order has to be passed by both houses of the Legislature.
- Article 371 E provides for establishing a central university in Andhra Pradesh. Parliament could do it.
Provisions for Mizoram – Article 371 G (53rd Amendment Act, 1986)
This clause deals with the special provisions for the State of Mizoram. It was not in the original text of the Article 371 of Indian Constitution. It was added by the 53rd Constitutional Amendment Act of 1986.
- The state legislative assembly in Mizoram consists of not less than forty members.
- It provides that no Act of Parliament would apply in Mizoram unless assessed by the state legislature in the following subject matters:
- Religious or social practices of the Mizos.
- Mizo customary law and procedure
- Administration of civil and criminal justice involving Mizo customary law
- Ownership and transfer of land
- However, the Central Act in force in the Union Territory of Mizoram before the 53rd Amendment would continue to apply as it was.
Article 371 of Indian Constitution : Provisions Arunachal Pradesh, Goa & Karnataka
Provisions for Arunachal Pradesh – Article 371 H (55th Amendment Act, 1986)
Article 371 H relates to Arunachal Pradesh. This provision was added by the 55th Constitutional Amendment Act of 1986.
- The Governor of Arunachal Pradesh has special responsibility concerning law and order in the State.
- In discharging the Governor’s law and order functions, he should exercise his judgment after consulting the Council of Ministers.
- The President can order this provision related to the special power of the Governor to cease if he is satisfied that it is no longer necessary.
- The legislative Assembly of Arunachal Pradesh is to consist of at least 30 members.
Provisions for Goa – Article 371 I
Article 371 I provides safeguards related to the representation of people in the legislative assembly. It provides that the Legislative Assembly of the State of Goa shall have at least 30 members.
Provisions for Karnataka – Article 371 J (98th Amendment Act, 2012)
This clause was inserted by the 98th Constitutional Amendment Act of 2012. The clause relates to the Hyderabad Karnataka region of the State of Karnataka. The hyderabad-Karnataka region includes six backward districts of Northern Karnataka: Gulbarga, Bidar, Raichur, Koppal, Yadgir, and Bellary. The President can give the Governor of Karnataka the power to:
- Establish a separate development board for the Hyderabad-Karnataka region.
- Make a provision that a report on the workings of the development board is placed per year before the State Legislative Assembly.
- The equitable allocation of funds for the development of the said region.
- The reservation of seats in educational and vocational institutions in the region for students of the region
- The reservation of state government posts in the region for people of the area.
36th Constitutional Amendment Act
- The Chogyal, the leaders of the political parties representing the people of Sikkim, agreed with the Government of India to have a close relationship with India in 1973.
- According to this, the Chogyals passed the Government of Sikkim Act, 1974.
- The Indian Parliament passed the 35th Constitutional Amendment Act in 1974. It inserted Article 2A into the Constitution. It stated that Sikkim would be associated with the Union of India.
- The 36th Constitutional Amendment Act of 1975 incorporated Sikkim into the Indian Union.
- The amendment also omitted the tenth schedule of the Constitution. A new tenth schedule was later added in 1985, which provided for anti-defection laws.
Article 371 of Indian Constitution : Purpose
| S.No. | Purpose | Details |
|---|---|---|
| 1 | Regional Development | Ensures equitable economic and social development in specific regions of India. |
| 2 | Administrative Efficiency | Provides flexibility in governance tailored to the unique needs of certain states. |
| 3 | Protection of Local Interests | Safeguards the rights of indigenous and local communities in terms of land and employment. |
| 4 | Special Governance Powers | Allocates discretionary powers to Governors for effective state administration. |
| 5 | Cultural and Linguistic Preservation | Protects regional cultures, languages, and traditions to maintain India’s diversity. |
| 6 | Educational Advancement | Promotes educational facilities and opportunities for underdeveloped regions and communities. |
| 7 | Economic Benefits | Allocates special financial assistance for state-specific developmental programs. |
| 8 | Legislative Autonomy | Allows certain states to enact laws addressing their unique socio-economic challenges. |
| 9 | Preventing Regional Disparities | Reduces inequalities between economically advanced and backward regions. |
| 10 | Strengthening National Integration | Encourages inclusive development to maintain harmony and strengthen the federal structure. |
Article 371 of Indian Constitution : Criticism
| S.No. | Aspect of Criticism | Details |
|---|---|---|
| 1 | Regional Inequality | Critics argue it creates unequal governance by providing special privileges to some states. |
| 2 | Erosion of Uniformity | Opponents believe it undermines the principle of uniformity in the application of laws. |
| 3 | Political Misuse | Concerns exist about the misuse of special provisions for political gains by local governments. |
| 4 | Complex Administration | The distinct provisions make governance and coordination with the central government complex. |
| 5 | Favoritism Allegations | Other states often perceive it as favoritism towards a few regions. |
| 6 | Development Disparity | Critics claim the provisions have not sufficiently addressed development disparities. |
| 7 | Governor’s Discretion | Excessive discretionary powers to Governors can lead to controversies and governance issues. |
| 8 | Limited Scope | The provisions are often seen as insufficient in addressing the root causes of regional issues. |
| 9 | Resentment Among Other States | States without special provisions express dissatisfaction, potentially affecting federal unity. |
| 10 | Hindrance to National Integration | Some argue that granting unique privileges could lead to fragmentation rather than integration. |
Freqently Asked Questions (FAQs)
Q1: What is Article 371?
Ans: Article 371 of Indian Constitution provides special provisions for specific states to address their unique needs.
Q2: Why was Article 371 included in the Constitution?
Ans: To promote equitable development, protect local interests, and preserve regional cultures.
Q3: Which states benefit from Article 371?
Ans: States like Maharashtra, Gujarat, Andhra Pradesh, Telangana, and northeastern states have specific provisions under Article 371.
Q4: Does Article 371 apply uniformly across India?
Ans: No, it has state-specific provisions tailored to the needs of different regions.
Q5: What is the role of the Governor under Article 371?
Ans: The Governor has special powers to ensure effective implementation of the provisions.
Did you find apk for android? You can find new Free Android Games and apps.
