Special Provisions for Some States - Clarity Desk Hub IAS

(Articles 371 to 371-J, Part XXI)

Introduction

To understand this chapter, remember one idea:

👉 India is a vast, diverse country. Uniform rules cannot always address local problems.
Therefore, the Constitution allows special, state-specific provisions for certain states.

These provisions are meant to:

uplift backward regions,
protect tribal culture,
address law-and-order disturbances,
safeguard unique cultural characteristics, and
ensure fair development across the country.

Originally, the Constitution had no such provisions.

They were gradually added via constitutional amendments during:

state reorganisations,
creation of new states, and
granting statehood to Union Territories.

12 states have such provisions:

Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka

Maharashtra and Gujarat — Article 371

These provisions aim to correct intra-state regional imbalance.

The Governor has special responsibility for:

1. Separate development boards for:

Vidarbha
Marathwada
Rest of Maharashtra
Saurashtra
Kutch
Rest of Gujarat

2. Annual report to the State Legislative Assembly
on these boards’ functioning.

3. Equitable allocation of development funds

4. Fair opportunities in:

technical education,
vocational training,
state government employment.

Essentially, this is a mechanism to ensure balanced regional development.

Nagaland — Article 371-A

This is one of the strongest autonomy provisions in the Constitution.

A. Certain Acts of Parliament do NOT automatically apply

Unless the Nagaland Legislative Assembly agrees, laws relating to:

Naga religious/social practices
Naga customary law
Customary civil & criminal justice
Ownership/transfer of land & resources

do not apply to Nagaland.

This protects the distinct identity of Nagas.

B. Governor’s Special Responsibility for Law and Order

Governor exercises individual judgement (not bound by ministerial advice).
This provision applies until internal disturbances subside.
Can be discontinued by the President.

C. Control over Central funds

Governor ensures funds meant for a specific purpose are used only for that purpose.

D. Special Administration of Tuensang District

Tuensang, being particularly backward, enjoys unique administration:

For 10 years (or extended by Governor):

Governor administers the district directly.
Equitable distribution of Central funds between Tuensang and the rest of the state.
Acts of Nagaland Legislature don’t apply unless Governor directs.
Governor can make Regulations for peace and good governance.
There must be a Minister for Tuensang Affairs.
Governor’s decision is final on Tuensang matters.
Legislators of Tuensang were originally elected not directly,
but by its regional council.

This is one of the most extensive asymmetric arrangements in India.

Provisions for Assam and Manipur

Assam — Article 371-B

President may establish:

A Committee of the Assam Legislative Assembly

consisting of:

Members elected from Tribal Areas, and
Others specified by the President.

This ensures tribal involvement in legislative matters concerning their regions.

Manipur — Article 371-C

Similar to Assam but more detailed.

1. Hill Areas Committee
President establishes a committee consisting of MLAs elected from Hill Areas.

2. Governor’s special responsibility
to ensure its proper functioning.

3. Annual report to the President
on Hill Areas administration.

4. Centre’s power to issue directions
to the State Government for Hill Areas administration.

This framework protects the interests of hill tribes.

Andhra Pradesh & Telangana

Articles 371-D and 371-E

These are among the most detailed special provisions, designed to address regional disparities.

Article 371-D (applicable to both AP & Telangana)

1. Equitable opportunities

President may ensure equal access to employment & education across different parts of the state.

2. Local Cadres

State may be required to:

organize civil posts into local cadres,
allocate recruitment based on local areas,
specify reservation or preferences for locals,
define local areas for educational admissions.

This avoids dominance of one region over another (e.g., Telangana vs. Coastal Andhra vs. Rayalaseema).

3. Administrative Tribunal

President may establish a tribunal to handle:

appointments
promotions
allotment of posts

This tribunal is:

outside the jurisdiction of the High Court
except for review by the Supreme Court

President may abolish it if no longer needed.

Article 371-E

Parliament may establish a Central University in Andhra Pradesh.

Sikkim — Article 371-F

Inserted when Sikkim became a state via the 36th Amendment (1975).

Key Features

1. Legislative Assembly

Must have at least 30 members.

2. Lok Sabha Representation

Sikkim = 1 Parliamentary constituency.

3. Protecting indigenous sections

Parliament may decide:

Number of Assembly seats reserved for specific sections
Constituencies from which only such sections can contest

4. Governor’s special responsibility

For:

peace
socio-economic advancement
equitable arrangements

Governor acts in discretion, but under President’s directions.

5. Extension of Central laws

President may apply any Union law to Sikkim with modifications.

Mizoram — Article 371-G

Similar to Nagaland.

Parliamentary Acts do NOT apply unless Assembly approves:

Mizo religious/social practices
Mizo customary law/procedure
Custom-based civil & criminal justice
Ownership & transfer of land

Legislative Assembly

Must have at least 40 members.
This protects Mizo identity.

Provisions for Arunachal Pradesh and Goa

Arunachal Pradesh — Article 371-H

1. Governor’s special responsibility

For law and order.

Exercises individual judgement (after consulting ministers).
Continues until President withdraws it.

2. Legislative Assembly