UPSC NCERT Notes - Special Provisions for Some States

India has established special provisions for eleven states, aiming to address the aspirations of people in backward regions or safeguard the cultural and economic interests of these states. Originally absent from the Constitution, these provisions were subsequently incorporated through various amendments.

Table of Contents

Special Provisions for Some States:

Part XXI of the Constitution, comprising Articles 371 to 371(J), outlines special provisions for twelve states, including Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka.
The purpose is to meet the aspirations of people in the states’ backward regions, protect the cultural and economic interests of tribal populations, or address law and order issues.
These provisions were introduced through amendments during state reorganization or the grant of statehood to Union Territories.

Provisions for Jammu and Kashmir:

Article 370 of the Indian Constitution initially granted Jammu and Kashmir special autonomous status within India, being labeled a ‘temporary provision.
However, on August 5, 2019, an amendment effectively nullified the special status of Jammu and Kashmir.

Removal of Article 370 and Article 35(A):

In line with the authority granted by Clause (1) of Article 370, the President of India issued the Constitution (Implementation to Jammu and Kashmir) order in 2019 on August 5, 2019.
This move resulted in the removal of both Article 370 and Article 35(A).
Article 370 has been revoked, and Jammu and Kashmir is now fully integrated into the Indian Constitution. The origin of Article 370 lies in the instrument of accession signed by Maharaja Hari Singh in 1947.
Jammu and Kashmir enjoyed an exemption from the Indian Constitution through Article 370, enacted on October 19, 1949.
Article 35(A), an offshoot of Article 370, is unique as it appears in Appendix I rather than the main body of the Constitution. It granted special privileges and rights to the permanent residents of Jammu and Kashmir.
The Jammu and Kashmir Reorganisation Act of 2019 reshaped the state, dividing it into two Union Territories—Jammu and Kashmir and Ladakh. This legislation empowers the Central Government to issue executive orders for both Union Territories.
The Union Territory of Jammu and Kashmir is governed under Article 239 of the Indian Constitution, with Article 239(A), originally formulated for the Union Territory of Puducherry, also applicable.

Articles Related to Special Provisions for States:

Article 371: Provisions related to Jammu and Kashmir (now abolished).
Article 371(A): Special Provisions for Nagaland.
Article 371(B): Special Provisions for Assam.
Article 371(C): Special Provisions for Manipur.
Article 371(D): Special Provisions for Andhra Pradesh and Telangana.
Article 371(E): Establishment of a Central University in Andhra Pradesh.
Article 371(F): Special Provisions for Sikkim.
Article 371(G): Special Provisions for Mizoram.
Article 371(H): Special Provisions for Arunachal Pradesh.
Article 371(I): Special Provisions for Goa.
Article 371(J): Special Provisions for Karnataka.

Provisions for Maharashtra and Gujarat:

Under Article 371, the President is authorized to ensure that the Governors of Maharashtra and Gujarat hold special responsibility for the establishment of separate development boards, equitable fund allocation, and providing facilities for education and employment in specific regions.

Provisions for Nagaland:

Article 371(A) makes special provisions for Nagaland, including exemptions from certain parliamentary acts unless decided by the State Legislative Assembly.
These exemptions cover religious or social practices, Naga customary law, civil and criminal justice administration based on Naga customary law, and ownership and transfer of land and resources.
The Governor of Nagaland assumes a special responsibility for maintaining law and order in the state, specifically addressing internal disturbances caused by hostile Nagas.
In exercising this duty, the Governor, in consultation with the Council of Ministers, employs individual judgment, and his decision is deemed final. This special responsibility concludes upon the President’s directive.
The Governor is obligated to ensure that funds allocated by the Central Government for a specific purpose are included in the demand for a grant related to that purpose, exclusively in the State Legislative Assembly.
A Regional Council, comprising 35 members, is mandated for the Tuensang district of Nagaland.
The Governor formulates rules regarding the council’s composition, member selection, qualifications, terms, salaries, allowances, procedural conduct, and the appointment of officers and staff.
These provisions remain applicable for ten years from Nagaland’s formation, or as further specified by the Governor based on the Regional Council’s recommendation, specifically for the Tuensang district.
The Governor oversees the administration of the Tuensang district, ensuring equitable distribution of funds between Tuensang and the rest of Nagaland.
Acts of the Nagaland Legislature do not automatically apply to Tuensang district unless directed by the Governor on the regional council’s recommendation.
The Governor possesses the authority to enact regulations for peace, progress, and good governance in the Tuensang district, with the ability to repeal or amend Acts of Parliament or other applicable laws in the district.
Nagaland’s Legislative Assembly can have 46 members, exempting it from the provisions of Article 170.
A Minister, specifically representing the Tuensang district, is appointed from the Nagaland Legislative Assembly for Tuensang affairs in the State Council of Ministers.
The Governor holds the final decision on all matters related to Tuensang district.
As per Articles 54, 55, and 80(4) of the Indian Constitution, elected members of the Legislative Assembly, including those from Tuensang district, can vote in the elections of the President and Rajya Sabha.

Provisions for Assam:

The 22nd Constitution Amendment Act of 1969 introduced Article 371(B), providing special provisions for the State of Assam.
The President is empowered to create a committee within the Assam Legislative Assembly, consisting of members elected from tribal areas and others specified by the President.
The Governor may be directed to oversee the functions and responsibilities of this committee.

Provisions for Manipur:

The 7th Amendment Act of the Constitution added Article 371(C), offering special provisions for Manipur, which gained statehood in 1971.
Article 371(C) authorizes the President to establish a committee within the Manipur Legislative Assembly, comprising members elected from hill areas.
The President may also direct the Governor to ensure the proper functioning of this committee.
Article 258 – Polity ME: The Governor is required to annually submit a report to the President concerning the administration of the hill areas. Additionally, the Central Government holds the authority to issue directives to the State Government regarding the governance of these hill areas.

Ethnic Communities in Manipur:

In Manipur, the populace is categorized into three principal ethnic communities: the Meiteis residing in the valley and 29 major tribes in the hills, further divided into two main ethno-denominations—Nagas and Kuki-Chins. The Naga group encompasses Zeliangrong, Tangkhul, Mao, Maram, Maring, and Tarao.
The Chin-Kuki group includes Gangte, Hmar, Paite, Koireng, Kom, Anal, Chothe, Lamgang, Koirao, Thangal, Moyon, and Monsang.

Provisions for Andhra Pradesh and Telangana:

Articles 371(D) and 371(E), introduced by the 32nd Constitutional Amendment Act of 1973, address special provisions for Andhra Pradesh. Following the Andhra Pradesh Reorganisation Act of 2011, these provisions were extended to Telangana. Under Article 371(D):
The President can ensure equitable opportunities and facilities for people in different parts of the state regarding public employment and education.
The State Government may be directed to establish civil posts in local cadres for various sections of the state.
The President may establish an Administrative Tribunal to address disputes and grievances related to civil posts in the state. The tribunal operates independently of the State High Court.
Article 371(E) empowers Parliament to establish a Central University in the state.

Provisions for Sikkim:

The 36th Constitutional Amendment Act of 1975 elevated Sikkim to a full-fledged State of the Indian Union, introducing Article 371(F) with special provisions. Key provisions include:
Sikkim Legislative Assembly to consist of no less than 30 members.
Allocation of one seat to Sikkim in the Lok Sabha and forming one Parliamentary Constituency.
Empowering Parliament to specify the number of seats in the Sikkim Legislative Assembly and delimit Assembly Constituencies for specific sections.
The Governor assumes special responsibility for peace and equitable arrangements for the social and economic advancement of diverse Sikkim populations. The President issues directives, and the Governor acts at his discretion.
The President can extend, with restrictions or modifications, any law in force in a State of the Indian Union to Sikkim.

Status of Sikkim after Independence:

Following independence, Sikkim became a constituent state of India in 1974 through the 35th Amendment Act of the Constitution.
The Government of India took charge of Sikkim’s defense and foreign affairs, while King Chogyal oversaw internal administration.
A significant portion of Sikkim’s population, primarily of Nepalese origin, sought and received support from the Indian government against Chogyal’s perceived hostility toward the minority elite group, Lepcha-Bhutia.
Subsequently, in 1974, the first democratic election for the Sikkim Legislative Assembly took place, won by the Congress. In 1975, a plebiscite resolution advocated the complete merger of Sikkim with India.

Provisions for Mizoram:

Article 371(G) was incorporated into the Constitution of India by the 53rd Amendment Act of 1986, offering special provisions for Mizoram based on the North-East Region (Reorganisation) Act of 1971, which separated it from Assam. Article 371(G) outlines the following special provisions for Mizoram:
Acts of Parliament related to the religious or social practices of the Mizos, Mizo customary law, administration of justice based on Mizo customary law, and ownership and transfer of land require approval from the State Legislative Assembly.
The Mizoram Legislative Assembly must consist of no fewer than 40 members. Mizoram was initially included under the Sixth Schedule areas, known as Mizo Autonomous Districts (Chakma, Mara, and Lai).

Provisions for Arunachal Pradesh:

The 55th Constitutional Amendment Act of 1986 introduced Article 371(H) to make special provisions for Arunachal Pradesh, which gained statehood in 1987. Under Article 371(H):
The Governor holds special responsibility for law and order in the state. The Governor’s judgment, consulted with the Council of Ministers, is final, with this special responsibility ceasing upon the President’s directive.
The Arunachal Pradesh Legislative Assembly must consist of no fewer than 30 members.

Provisions for Goa:

Initially granted Union Territory status after annexation from Portuguese rule, Goa attained statehood in 1987. The 56th Constitutional Amendment Act of 1987 introduced Article 371(I), stating that the Goa Legislative Assembly must consist of no fewer than 30 members.

Provisions for Karnataka:

The 98th Amendment Act of 2012 included Article 371(J) in the Constitution.
Article 371(J) empowers the Governor of Karnataka to take steps for the development of the Hyderabad-Karnataka region, comprising the districts of Gulbarga, Bidar, Raichur, Koppal, Yadgir, and Bellary.
The President may authorize the Governor to establish a development board, with annual reports placed before the State Legislative Assembly. This provision also ensures equitable fund allocation, reservations in educational institutions, and government positions for the region’s residents.

Prelims Facts

Which state was never granted the Special Category States (SCS) by the Central Government? Bihar (BPSC (Pre) 2019]
Which article under the Indian Constitution pertains to the special status of Jammu and Kashmir? Article 370 (Odisha PSC (Pre) 2018, UKPSC (Pre) 2016)
Which article of the Indian Constitution deals with special provisions concerning different states? Article 371 (UPPSC (Pre) 1997, MPPSC (Pre) 2013]
Article 371 (B) of the Constitution of India makes special provisions for which state? Assam (UPPSC (Mains) 20101
There is no separate citizenship for states as the Constitution of India provides for – Single Citizenship [IAS (Pre) 20051
To meet regional demands of Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, and Goa Provision provided in the Constitution – Article 371 (A) to 371 (J) [LAS (Pre) 2005)
Which region of the country conferred special status under Article 371-J of the Constitution of the Hyderabad and Karnataka (UPPSC (Pre) 2020) India?
Which part of the Constitution of India contains temporary, transitional, and special provisions for states in the Indian Constitution? -21st [MPPSC (Pre) 2008
Article 371 of the Constitution makes special provisions for which states? – Maharashtra and Gujarat (UPPSC (Pre) 2010

UPSC NCERT Practice Questions

1. Which Article of the Indian Constitution deals with special provisions concerning different states? UPPSC (Pre) 1997, MPSC (Pre) 2013

(a) Article 369

(b) Article 370

(d) Article 372

2. Which one of the following states was never granted the Special Category Status (SCS) by the Central Government? BPSC (Pre) 2019

(a) Bihar

(b) Sikkim

(d) Jammu and Kashmir

3. Article 371, the President is authorized to provide that the Governor of Maharashtra and that of Gujarat would have a special responsibility, for

1. making a provision that a report on the working of these boards would be placed every year before the State Legislative Assembly.

2. the equitable allocation of funds for development expenditure over the Vidarbha, Marathwada, Saurashtra and Kachchh.

Which of the statement(s) given above is/are correct?

(a) 1 Only

(b) 2 Only

(d) Neither 1 nor

4. Article 371 (B) of the Constitution of India makes special provisions for which of the following states? UPPSC (Mains) 2010

(a) Maharashtra and Gujarat

(b) Assam

(d) Manipur

5. Which region of the country conferred special status under Article 371(J) of the Constitution of India? UPPSC (Pre) 2020

(a) Nagaland

(b) Hyderabad and Karnataka

(d) Ladakh

6. Consider the following statements. IAS (Pre) 2005

1. Articles 371 (A) to 371 (J) were inserted in the Constitution of India to meet regional demands of Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh and Goa.

2. The Constitution of India and the United States of America envisage a dual policy (the Union and the States) but a single citizenship.

3. A naturalized citizen of India can never be deprived of his citizenship.

Which of the statement (s) given above is/are correct?

(a) All of these

(b) 1 and 3

(d) 1 Only

Know Right Answer

1. ( c)

2. (a)

3. (c)

4. (b)

5. (b)

6. (d)

Frequently Asked Questions (FAQs)

FAQ 1: What are special provisions for some states in the Indian Polity as per UPSC NCERT notes?

Answer: Special provisions for some states in the Indian Polity refer to unique constitutional provisions designed to address specific historical, cultural, and geographical circumstances. Article 370, for example, grants special autonomy to the state of Jammu and Kashmir, allowing it to have its own constitution and flag, except in matters of defense, communications, and foreign affairs.

FAQ 2: Why does the Indian Constitution have special provisions for certain states?

Answer: The special provisions for certain states in the Indian Constitution are intended to accommodate the diverse socio-cultural and historical backgrounds of these regions. These provisions recognize the unique circumstances of states like Jammu and Kashmir (Article 370), Nagaland (Article 371A), and others, allowing for tailored governance structures that align with the specific needs and aspirations of the people in those states.

FAQ 3: How do special provisions impact the federal structure of India’s polity?

Answer: Special provisions for some states contribute to the federal character of India’s polity by recognizing the diversity within the country. While India follows a federal structure, the Constitution allows for flexibility to accommodate regional variations. However, it is essential to strike a balance to ensure that special provisions do not compromise the unity and integrity of the nation. These provisions are subject to amendments and may evolve over time as the socio-political dynamics change.

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UPSC NCERT Notes – Indian Polity – Special Provisions for Some States