Polity

Special Provisions for Some States

Special Provisions for some States

Special Provisions for Some States

Background
Special Provisions for some states
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As we all know that after independence, there were enormous regional claims from regions all over the country to recognize their distinct language and culture and organize them into a separate State. The people basically demanded special provisions for some states. For example, the Vishalandhra Movement in the old Madras Province which included present-day Tamil Nadu and areas of Karnataka, Kerela, and Andhra Pradesh. The Movement demanded that the Telugu-speaking areas of Madras province shall be separated and made into a separate Andhra Province.

There were similar claims from other regions too such as Punjab, Gujarat, etc, who demanded that their distinct culture, tradition, and language should be protected and respected. Their basic demand was the creation of States on the basis of language, i.e. the creation of linguistic states. This ultimately led the reluctant Central Government to appoint the State Reorganization Commission for the reorganization of States, which ultimately led to the creation of linguistic states in 1956.

So, in order to protect the aspirations of the people of the backward regions of these States and to protect their cultural and economic interests, especially of the tribal people of these states, Special Provisions for 12 States were included in the Constitution of India under Articles 371 to 371-J in Part XXI. These provisions were not originally included in the Constitution but were added by various subsequent amendments made in the context of the reorganization of the States or conferment of statehood on the Union Territories.

The twelve states are:

  • Maharashtra
  • Gujarat
  • Nagaland
  • Assam
  • Sikkim
  • Mizoram
  • Manipur
  • Andhra Pradesh
  • Telangana
  • Arunachal Pradesh
  • Goa
  • Karnataka
Special Provisions for Maharashtra and Gujarat

The acceptance of the principle of linguistic States however did not mean that all states immediately became linguistic states. After all the chaos of the reorganization of States, the Government of India experimented with the creation of a ‘bilingual’ Bombay State consisting of Gujarat and Marathi-speaking people. However, the experiment failed and after a popular agitation, the states of Maharashtra and Gujarat were created in 1960. Ultimately, the Government of India created certain special provisions for Maharashtra and Gujarat. Under Article 371, the President is authorized to provide that the Governor of Maharashtra and Gujarat would have special responsibility for:
(Click here to read about other special powers of the President)

Special Provisions for some states
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  • the establishment of separate Developmental Boards for:
    • Vidarbha, Marathawada, and the rest of Maharashtra,
    • Saurashtra, Kutch, and the rest of Gujarat
  • making a provision that a report on the working of these boards would be placed every year before the State Legislative Assembly;
  • the equitable allocation of funds for developmental expenditure over the above-mentioned areas
  • an equitable arrangement providing adequate facilities for technical education and vocational training, and adequate employment opportunities in the state services in respect of the above-mentioned areas.

(Click here to read about decentralized planning in India)

Special Provisions for Nagaland

The special provisions for Nagaland are provided under Article 371-A of the Indian Constitution, which was added through the 13th Constitutional Amendment Act 1962. Article 371-A states that:

  • The Acts of Parliament relating to the following matters would not apply to Nagaland unless the State Legislative Assembly so decides:
    • Religious or social practices of the Nagas
    • Naga customary law and procedure
    • administration of civil and criminal justice involving decisions according to Naga customary law
    • ownership and transfer of land and its resources
  • The Governor of Nagaland has the responsibility to ensure that the money provided by the Central Government for any specific purpose is included in the demand for a grant relating to that purpose and not in any other demand moved in the State Legislative Assembly.
  • The Governor of Nagaland shall have special responsibility for law and order in the State so long as internal disturbances caused by hostile Nagas continue. In such cases, the Governor exercises his individual judgment after consulting the Council of Ministers, and his decision is final. However, this special responsibility of the Governor of Nagaland shall cease when the President so directs.

Provisions for Tunesang District (Nagaland)

Special Provisions for some states
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For a period of 10 years from the formation of the State of Nagaland or for such further period as the Governor may specify on the recommendation of the regional council, the following provisions would be operative for the Tunesang District:

  • A regional council consisting of 35 members shall be established for the Tunesang district of the State.
  • The rules regarding the composition of the regional council, manner of choosing its members, their qualifications, salaries, allowances, and other matters relating to the constitution and functioning of the regional council shall be determined by the Governor.
  • The administration of the Tunesang district shall be carried out by the Governor of Nagaland.
  • The final decisions on all matters relating to the Tunesang district shall be made by the Governor at his discretion.
  • The Governor should, at his discretion, ensure the equitable distribution of money provided by the Centre between the Tunesang District and the rest of Nagaland.
  • Any act passed by the State Legislature shall not be applicable to the Tunesang District without the direction of the Governor on the recommendations of the regional council.
  • The members of the Tunesang district in the Nagaland State Legislative Assembly are not elected directly by the people but by the regional council.
  • There shall be a Minister for Tunesang affairs in the State Council of Ministers, who shall be appointed by the members representing the Tunesang district in the Nagaland State Legislative Assembly.
Special Provisions for Assam

As we know that special provisions for some states were included in Articles 371 to 371-J in Part XXI of the Constitution. The special provisions for Assam are mentioned in Article 371-B of the Indian Constitution. The special provisions are:

  • The President of India is empowered to provide for the creation of a committee of the Assam Legislative Assembly consisting of the members elected from the Tribal Areas of the State and such other members as he may specify.
Special Provisions for Manipur

The special provisions for Manipur are mentioned in Article 371-C of the Constitution. Article 371-C states that:

  • The President of India has the power to provide for the creation of a committee of the Manipur Legislative Assembly consisting of members elected from the Hill Areas of the state.
  • The President can also direct that the Governor shall have a special responsibility to secure the proper functioning of the committee.
  • The Governor is entitled to submit an annual report to the President regarding the administration of the Hill Areas.
  • The Central Government can give directions to the State Government as to the administration of the Hill Areas.
    • (Click here to read more about the administrative relations between the Centre and States)

 

Special Provisions for Sikkim

Sikkim was granted the status of a full-fledged state of the Indian Union by the virtue of 36th Constitutional Amendment. The 36th Constitutional Amendment included a new Article, 371-F in the Indian Constitution, which provides for the special provisions for Sikkim. Article 371-F states that:

Special Provisions for some states
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  • The Sikkim Legislative should consist of at least 30 members.
  • One seat is allotted to Sikkim in the Lok Sabha and Sikkim forms one parliamentary constituency.
  • With an objective to protect the rights and interests of the different sections of the Sikkim population, the Parliament is empowered to provide for the:
    • number of seats in the Sikkim Legislative Assembly which may be filled by candidates belonging to such sections; and
    • delimitation of the Assembly constituencies from which candidates belonging to such sections alone may stand for election to the Assembly.
  • The President shall have the power to extend to Sikkim any law which is in force in a state of the Indian Union.
  • The Governor of Sikkim shall have special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of the different sections of the Sikkim population.
  • In the discharge of this responsibility, the Governor shall act at his discretion, subject to directions issued by the President.
Special Provisions for Mizoram

The special provisions for Mizoram are mentioned under Article 371-G of the Indian Constitution, it states that:

  • The Acts made by the Union Parliament relating to such matters as mentioned below would not apply to Mizoram unless it receives the consent of the Mizoram State Legislative Assembly:
    • Religious or social practices of the Mizos
    • Mizo customary law and procedures
    • administration of civil and criminal justice involving decisions according to Mizo customary law
    • Ownership and transfer of land
  • The Mizoram State Legislative Assembly should consist of at least 40 members.
Special Provisions for Andhra Pradesh and Telangana
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Similar to special provisions for some states, the Constitution of India provides for special provisions for the states of Andhra Pradesh and Telangana in Articles 371-D and 371-E. As we all know that the state of Telangana was carved out from Andhra Pradesh and made into a separate state in the year 2014. Hence, initially, Articles 371-D and 371-E provided special provisions for Andhra Pradesh only, but in 2014, by the virtue of the Andhra Pradesh Reorganization Act of 2014, the special provisions contained in Article 371-D were extended to the state of Telangana.

Article 371-D

Article 371-D provides that:

  • The President of India is empowered to provide for equitable opportunities and facilities for the people belonging to the different parts of the State in the matter of public employment and education and different provisions can be made for the various parts of the State.
  • For the above-mentioned purpose, the President may require the State Government to organize civil posts in local cadres for direct recruitment to posts in any local cadre.
  • The President may specify parts of the State which shall be regarded as the local area for admission to any educational institution.
  • The President may also specify the manner and extent of preference or reservation given in the matter of direct recruitment to posts in any such cadre or admission to any such educational institution.
  • The President may provide for the establishment of an Administrative Tribunal in the State to deal with certain disputes and grievances relating to appointment, allotment, or promotion to civil posts in the State.
  • The Tribunal is to function outside the purview of the State High Court. No Court other than the Supreme Court of India is to exercise any jurisdiction in respect of any matter subject to the jurisdiction of the Tribunal.
    • (Click here to read about the Subordinate Courts in India)
  • The President has the power to abolish the Tribunal when he is satisfied that its existence is not necessary anymore.

Article 371-E

Article 371-E of the Indian Constitution provides that the Parliament of India is empowered to establish a Central University in the state of Andhra Pradesh.

Special Provisions for Arunachal Pradesh
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Article 371-H of the Indian Constitution provides for the special provisions for Arunachal Pradesh, it states that:

  • The Governor of Arunachal Pradesh shall have the special responsibility for law and order in the State. In the discharge of this responsibility, the Governor, after consulting the Council of Ministers, exercises his individual judgment and his decision is final. And this special responsibility of the Governor would end when the President so directs.
  • The State Legislative Assembly of Arunachal Pradesh should consist of at least 30 members.
Special Provisions for Goa

Article 371-I provides for the special provisions for Goa, it states that:

  • The Legislative Assembly of Goa should consist of at least 30 members.
Special Provisions for Karnataka

Article 371-J of the Indian Constitution provides for special provisions for Karnataka. Article 371-J states that the President of India has the power to provide that the Governor of Karnataka would have special responsibility for:

  • The development of a separate development board for the Hyderabad-Karnataka region.
  • Providing that a report on the working of the board would be placed every year before the State Legislative Assembly.
  • Provide for the reservation of seats in educational and vocational training institutions in the region for students who belong to the region.
  • Provide for equitable allocation of funds for developmental expenditure over the region.
    • (Click here to read about financial relations between the Centre and States)
  • Provide for the reservation in State Government posts in the region for persons who belong to the region.

 

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