Special Provision Act 1991, 12 States Under Articles 371 (A to J)

What is Special Provision Act?

“Special Provision Act” is a broad term that refers to legislation enacted by a government to address specific and unique situations, circumstances, or issues that require distinct legal measures beyond the scope of regular laws. These acts often contain provisions that deviate from the norm and are tailored to address exceptional situations or cater to specific groups or areas.

In readiness for any competitive examination’s segment on Indian Polity, candidates must acquaint themselves with the Special Provisions for Certain States. Familiarizing oneself with these provisions offers insight into vital topics for the IAS Exam and the General Studies Paper II syllabus. This component is indispensable within the realm of polity. Aspiring IAS candidates should aim for a comprehensive grasp of the Special Provisions for Certain States.

Special Provision Acts cover a wide range of subjects, including social, economic, environmental, and administrative matters. These acts may grant specific powers, exemptions, or benefits, or they may impose regulations that differ from standard regulations. This article serves as a comprehensive resource, covering the Special Provisions for Certain States pertinent to the Polity and Governance sections of the UPSC syllabus.

About Special Provision Act in Indian States

Part XXI of the Constitution contains Articles 371 to 371-J, encompassing distinctive provisions for twelve states, namely Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka. Initially, the Constitution did not incorporate specific provisions for these states, with their inclusion materializing through subsequent amendments prompted by state reorganization and the elevation of Union Territories to statehood. Notably, Meghalaya and Tripura are excluded from this category of states. In total, there are 11 articles designated for these states.

Provision for Maharashtra and Gujarat (Art. 371)

Article 371 confers the President of India with the authority to delegate specific responsibilities to the Governors of Maharashtra and Gujarat. These responsibilities encompass: establishing separate development boards for Vidarbha, Marathwada, and the remaining parts of Maharashtra; forming boards for Saurashtra, Kutch, and the remaining regions of Gujarat; mandating the annual presentation of reports on the performance of these boards in the State Legislative Assembly; ensuring fair distribution of funds for developmental spending across the aforementioned areas; and instituting a just arrangement to furnish ample provisions for technical education, vocational training, and ample employment opportunities within state services for the mentioned regions.

Provision for Nagaland (Art. 371A)

Article 371A is a special provision within the Indian Constitution that grants certain unique rights and safeguards to the state of Nagaland. This provision aims to respect and protect the cultural, social, and economic interests of the Naga people while ensuring their integration within the larger framework of the Indian Union. Article 371A was introduced as a result of historical negotiations and agreements between the Government of India and the Naga leaders. Key Features of Article 371A:

• Legislative Authority: The Governor of Nagaland has a distinct responsibility to ensure that laws related to the Naga customary practices and procedures, land and its resources, and Naga religious or social practices are upheld. These laws can be formulated by the Nagaland Legislative Assembly.
• Ownership of Land and Resources: The ownership and transfer of land and its resources are protected by Article 371A, ensuring that they remain under the control of the Naga people. This provision prevents non-Naga individuals or entities from owning land in Nagaland.
• Cultural and Religious Practices: The article safeguards the Naga people’s right to practice their cultural and religious customs without external interference.
• Naga Hills District: The special provisions outlined in Article 371A apply primarily to the Naga Hills District of Nagaland.
• Political Representation: Nagaland is allowed to have a higher representation in the State Legislative Assembly compared to other states, ensuring that the Naga people have a significant say in their own governance.
• Reservation of Seats: The article mandates the reservation of seats in the Nagaland Legislative Assembly for the Naga tribes, ensuring their political participation

Provision for Assam (Art-371B)

Article 371-B grants authority to the President to establish a committee within the Assam Legislative Assembly. This committee comprises elected members from the Tribal Areas of the state, alongside additional members designated by the President.

Provision for Manipur (Art-371C)

• The President holds the power to establish a committee within the Manipur Legislative Assembly, composed of members elected from the Hill Areas of the state.
• Additionally, the President can instruct that the Governor assumes a special role in ensuring the committee’s effective operation.
• The Governor is required to provide an annual report to the President on the administration of the Hill Areas.
• Furthermore, the Central Government possesses the authority to provide guidelines to the State Government concerning the management of the Hill Areas.

Provision for Andhra Pradesh (Art-371-D & 371-E)

Articles 371-D and 371-E encompass distinct provisions tailored for Andhra Pradesh. Article 371-D outlines the following provisions:

• The President is vested with the authority to ensure equal opportunities and amenities for individuals from various regions of the state concerning public employment and education. Different measures can be implemented for different areas of the state.
• To achieve this, the President can instruct the State Government to arrange civil positions within local cadres for diverse regions of the state and facilitate direct recruitment for posts within any local cadre.
• He can specify regions of the state that will be deemed local areas for admission to educational institutions.
• The President can establish an Administrative Tribunal within the state to address particular disputes and grievances related to appointments, assignments, or advancements in civil posts.
• The Tribunal operates independently of the State High Court. No court, except the Supreme Court, has jurisdiction over matters under the tribunal’s purview.
• The President holds the authority to disband the tribunal when its continued existence is deemed unnecessary.
  Article 371-E empowers the Parliament to establish a Central University within the state.

Provision for Sikkim (Art-371F)

Article 371F is a special provision within the Indian Constitution that extends distinct rights and safeguards to the state of Sikkim. The 36th Constitutional Amendment Act of 1975 made Sikkim a full-fledged state of the Indian Union. This provision acknowledges the unique historical and political context of Sikkim’s merger with India and aims to protect the interests of the Sikkimese people while integrating the state within the larger framework of the Indian Union. It included a new Article 371-F containing special provisions with respect to Sikkim.These are as follows:

• The Sikkim Legislative Assembly is to consist of not less than 30 members.
• One seat is allotted to Sikkim in the Lok Sabha and Sikkim forms one Parliamentary constituency.
• With the aim of safeguarding the rights and welfare of various segments of Sikkim’s populace, the Parliament holds the authority to establish provisions for:
  a. Number of Seats in the Sikkim Legislative Assembly which may be filled by candidates belonging to such sections; and
  b. Delimitation of the Assembly constituencies from which candidates belonging to such sections alone may stand for elections to the assembly.

• It is the Governor’s specialized obligation to ensure tranquility and establish an impartial arrangement to foster the social and economic advancement of the varied sections within Sikkim’s populace. While fulfilling this duty, the Governor will exercise his discretion, subject to guidance provided by the President.
• The President can extend (with restrictions or modifications) to Sikkim any law which is in force in a state of the Indian Union.

Provision for Mizoram (Art-371G)

• The application of Acts of Parliament concerning the subsequent topics to Mizoram remains contingent on the decision of the State Legislative Assembly:

• Mizos’ religious or social practices
• Mizo customary law and protocol
• Resolution of civil and criminal justice matters based on Mizo customary law
• Ownership and transfer of land

• The Mizoram Legislative Assembly must comprise a minimum of 40 members.

Provision for Arunachal Pradesh and Goa (Art-371H)

• Arunachal Pradesh: The Governor of Arunachal Pradesh is vested with distinct accountability for maintaining law and order within the state. In fulfilling this duty, the Governor, in consultation with the Council of Ministers, exercises independent judgment, and the ultimate decision rests with him.
  This distinctive responsibility of the Governor comes to an end when directed by the President. The Arunachal Pradesh Legislative Assembly must comprise no fewer than 30 members.
• Goa: Article 371-I stipulates that the Goa Legislative Assembly must have a minimum membership of 30 individuals.

Provision for Karnataka (Art-371J)

Article 371J is a special provision within the Indian Constitution that grants specific rights and safeguards to the state of Karnataka. This provision recognizes the distinct regional aspirations and linguistic diversity within the state, aiming to protect the interests of various communities while ensuring their integration within the larger framework of the Indian Union. Key Features of Article 371J:

• Reservation in Public Services: Article 371J ensures that residents of Hyderabad-Karnataka region have reservations in public employment and education. This region comprises six districts: Gulbarga, Bidar, Raichur, Koppal, Yadgir, and Bellary.
• Equitable Distribution of Resources: The provision mandates that adequate funds be allocated for developmental expenditure in the Hyderabad-Karnataka region, ensuring its economic growth and progress.
• Local Cadre for Recruitment: The President has the authority to instruct the State Government to organize civil posts in local cadres for different parts of the state, thus facilitating direct recruitment to such posts.
• Protection of Local Culture and Language: Article 371J safeguards the rights of people in the Hyderabad-Karnataka region to their language, culture, and traditions.
• Establishment of a Regional Development Board: The provision allows for the establishment of a Regional Development Board to oversee the planning and implementation of development programs in the Hyderabad-Karnataka region.

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