SPECIAL PROVISIONS FOR SOME STATES
SPECIAL PROVISIONS FOR SOME STATES
- Article 371 to 371 J à12 STATES à Maharashtra + Gujarat + Nagaland + Assam + Manipur + Andhra Pradesh + Telangana + Sikkim + Mizoram + Arunachal Pradesh + Goa + Karnataka.
- OBJECTIVE: To meet the aspiration of the People of backward region to protect Cultural and economic interest of tribal People + To protect the interest of local people of the state.
- Deal with disturbed law and order conditions in some part of state.
Maharashtra and Gujarat (Art. 371)
|Article 371: Governor has special responsibility for:|
o Vidarbha, Marathwada and rest of Maharashtra
o Saurastra, Kutch and rest of Gujarat
Nagaland (Art. 371A)
|Article 371A: makes following provisions:|
• Acts of parliament relating to the following matter would not apply to Nagaland unless state legislative assembly so decides:
o Religious or social practices
o Naga customary law and procedure
o Administration of civil and criminal justice
o Ownership and transfer of land and its resources.
• Governor of Nagaland has special responsibility for law and order in the state so long as internal disturbances caused by hostile Nagas continue:
o Individual judgment and decision are Final.
• Governor has to ensure money provided for special purpose is included in Demand for grant
• Regional council consisting of 35 members à Tuensang district of state
• Administration of Tuensang district shall be carried on by Governor:
o Any act of Nagaland legislature shall not apply to Tuensang district unless governor so recommends
o There shall be a minister for Tuensang affairs in state council of ministers.
|Under article 371B –President is empowered to provide for the creation of committee of the Assam legislative Assembly|
|Article 371 C –|
• President is authorised to provide for creation of a committee of the Manipur legislative assembly consisting of the members elected from hill areas of the state
• President can also direct that governor shall have special responsibility to secure the proper functioning of that committee
• The governor should submit an annual report to the president regarding the administration of hill areas
• Central government can give direction to the state government to administration of hill areas
Andhra-Pradesh or Telangana (Art. 371D)
|Article 371 D – extended to Telangana by state reorganization act 2014. President is:|
• Empowered to provide for equitable opportunities and facilities for the people belonging to different parts of state
• President may require the state government to organize civil post in local cadres for different parts of state. Can also extend reservation
• President may provide for the establishment of an administrative tribunal in the state to deal with certain disputes and grievances related to appointment, allotment or promotion to civil posts in state.
o Tribunal is outside the purview of State High court
• Article 371 E à parliament to provide for the establishment of a central university in state of Andra Pradesh
|36th constitutional amendment act of 1975 à Article 371 F:|
• Sikkim legislative assembly is consisting of not less than 30 members
• One seat is allotted to Sikkim in the Loksabha
• For the purpose of protecting the rights and interest of different sections of Sikkim population
• Governor shall have special responsibility for peace and for ensuring the social and economic advancement of the different sections of the Sikkim
• The president can extend to Sikkim any law which is in force in a state of the Indian union
• Acts of parliament relating to the following matter would not apply to Mizoram unless state legislative assembly so decides: Religious or social practices + Naga customary law and procedure + Administration of civil and criminal justice + Ownership and transfer of land and its resources.
• Mizoram legislative assembly consists of not less than 40 members.
|Arunachal Pradesh |
(Art. 371 H)
|Article 371 –H:|
• The governor of Arunachal Pradesh shall have special responsibility for law and order in the state
• Arunachal Pradesh legislative assembly is to consist not less than 30 members
|Goa||Article 371- I |
• Legislative assembly is to consist not less than 30 members
• Establishment of separate development board for Hyderabad –Karnataka region
• Report on working of the board would be placed every year before state legislative assembly
• Equitable allocation of funds for developmental expenditure over the region
• The reservation of seats in educational and vocational training institutions in the region for persons who belong to the region.