SPECIAL PROVISIONS FOR SOME STATES
SPECIAL PROVISIONS FOR SOME STATES
- Articles 371 to 371-J in Part XXI of the constitution contain special provisions for twelve states– viz., Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka.
- Originally, the constitution did not make any special provisions for these states. They have been incorporated by the various subsequent amendments made in the context of reorganisation of the states or conferment of statehood on the Union Territories.
- Meghalaya and Tripura doesn’t comes under these special category states.
- There are total 11 articles for these states.
|THE OBJECTIVE BEHIND CREATING SPECIAL STATES IS-|
- To meet the aspirations of the people of the backward states.
- To maintain the law and order of those states.
- To protect the social, economic, political, educational and overall general interest of the people of those states.
- To bring these 12 states in the main stream.
|Special provision with respect to the states of Maharashtra and Gujarat|
|371A||Special provision with respect to the state of Nagaland|
|371B||Special provision with respect to the state of Assam|
|371C||Special provision with respect to the state of Manipur|
|371D||Special provisions with respect to the state of Andhra Pradesh or the state of Telangana|
|371E||Establishment of Central University in Andhra Pradesh|
|371F||Special provisions with respect to the state of Sikkim|
|371G||Special provision with respect to the state of Mizoram|
|371H||Special provision with respect to the state of Arunachal Pradesh|
|371I||Special provision with respect to the state of Goa|
|371J||Special provisions with respect to the state of Karnataka|
|PROVISIONS FOR MAHARASHTRA AND GUJARAT (ART.371)|
- Under Article 371, the President is authorised to provide that the Governor of Maharashtra and that of Gujarat would have special responsibility for: the establishment of separate development boards for
- Vidarbha, Marathwada 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; and
- An equitable arrangement providing adequate facilities for technical education and vocational training, and adequate employment opportunities in the state services in respect of the abovementioned areas.
|PROVISIONS FOR NAGALAND (ART-371A)|
- 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; and
- Ownership and transfer of land and its resources.
- The Governor of Nagaland shall have special responsibility for law and order in the state so long as internal disturbances caused by the hostile Nagas continue.
- In the discharge of this responsibility, the Governor, after consulting the Council of Ministers, exercises his individual judgment and his decision is final.
- This special responsibility of the Governor shall cease when the President so directs.
- The Governor has 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.
- A regional council consisting of 35 members should be established for the Tuensang district of the state.
- The Governor should make rules for the composition of the council, manner of choosing its members, their qualifications, term, salaries and allowances;
- The procedure and conduct of business of the council;
- The appointment of officers and staff of the council and their service conditions; and
- Any other matter relating to the constitution and proper functioning of the council.
- For a period of ten years from the formation 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 Tuensang district:
- The administration of the Tuensang District shall be carried on by the Governor.
- The Governor shall in his discretion arrange for equitable distribution of money provided by the Centre between Tuensang District and the rest of Nagaland.
- Any Act of Nagaland Legislature shall not apply to Tuensang district unless the Governor so directs on the recommendation of the regional council.
- The Governor can make Regulations for the peace, progress and good government of the Tuensang district. Any such Regulation may repeal or amend an Act of Parliament or any other law applicable to that district.
- There shall be a Minister for Tuensang Affairs in the State Council of Ministers. He is to be appointed from amongst the members representing Tuensang district in the Nagaland Legislative Assembly.
- The final decision on all matters relating to Tuensang district shall be made by the Governor in his discretion.
- Members in the Nagaland Legislative Assembly from the Tuensang district are not elected directly by the people but by the regional council.
|NAGALAND WOMEN RESERVATION ISSUE|
- This issue is related to patriarchy and men’s hegemony
- Because of this special provisions article, some central laws do not apply to the states.
- But Article 243T confers 33% reservations to women in the local body elections. (it was enacted through 73rd and 74th amendment act and it was supplemented by PESA act (local body extended to schedule area too).
- This reservation system is not any way relatable to customary rights of Nagas.
- So GOVT OF NAGALAND in 2006 enacted a law for 33% women’s reservation.
- BUT MEN OF NAGALAND said “Article 243T is ultra vires to Article 371A.
THE SC IN “NAGALAND MOTHERS ASSOCIATION CASE” HELD” 33% WILL BE GIVEN TO WOMEN AS ELECTION IS A MODERN CONCEPTS”.
Under Article 371-B, the President 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.
- The President is authorized to provide for the creation of a committee of the Manipur Legislative Assembly consisting of the members elected from the Hill Areas of the state.
- The President can also direct that the 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 the Hill Areas.
- The Central Government can give directions to the State Government as to the administration of the Hill Areas.
|PROVISIONS FOR ANDHRA PRADESH|
Articles 371-D and 371-E contain the special provisions for Andhra Pradesh. Under Article 371-D, the following are mentioned:
- The President is empowered to provide for equitable opportunities and facilities for the people belonging to different parts of the state in the matter of public employment and education and different provisions can be made for various parts of the state.
- For the above purpose, the President may require the State Government to organize civil posts in local cadres for different parts of the state and provide for direct recruitment to posts in any local cadre.
He may specify parts of the state which shall be regarded as the local area for admission to any 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) is to exercise any jurisdiction in respect of any matter subject to the jurisdiction of the tribunal.
- The President may abolish the tribunal when he is satisfied that its continued existence is not necessary.
- Article 371-E empowers the Parliament to provide for the establishment of a Central University in the state.
|PROVISIONS FOR SIKKIM (ART. 371F)|
- The 36th Constitutional Amendment Act of 1975 made Sikkim a full-fledged state 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.
- For the purpose of protecting 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 elections to the assembly.
- The Governor 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 in his discretion, subject to the directions issued 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.
|WHY ARTICLE 371F IS IMPORTANT FOR SIKKIM|
- Sikkim had its own laws and administrative units until 1975. Some strong SC JUDGEMENTS which makes 371F important for them-
- C. Poudyal vs Union Of India on 10 February 1993
- Sikkim has a reservation in State Legislative assembly for the religious institution (1 sangha seat) and for a particular tribe (12 Bhutia-Lepcha Seats).
- RC Poudyal challenged this subsection (f) in supreme court stating that it violates the constitution of India, especially The Representation of the people act 1951.
- Supreme court ruled that even if 371F conflicts with other features of the constitution, it will still be valid.
- The State Of Sikkim vs Surendra Prasad Sharma on 19 April 1994
- Surendra Sharma challenged Rule 4(4) of the Sikkim Government Establishment Rules, 1974, which deals with the appointment to service under the Government.
- There is a provision that non- Sikkimese nationals may be appointed to govt jobs only when suitably qualified and experienced Sikkimese are not available.
- He challenged that this is a violation of basic structure of constitution and fundamental rights. The court ruled that any existing law those were there before Sikkim became part of Union of India will remain valid.
|PROVISIONS FOR MIZORAM (ART-371G)|
- The Acts of Parliament relating to the following matters would not apply to Mizoram unless the State Legislative Assembly so decides :
- Religious or social practices of the Mizos;
- Mizo customary law and procedure;
- Administration of civil and criminal justice involving decisions according to Mizo customary law; and
- Ownership and Transfer of land.
- The Mizoram Legislative Assembly is to consist of not less than 40 members.
|PROVISIONS FOR ARUNACHAL PRADESH AND GOA (ART-371H)|
- The Governor of Arunachal Pradesh shall have 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 judgement and his decision is final.
- This special responsibility of the Governor shall cease when the President so directs.
- The Arunachal Pradesh Legislative Assembly is to consist of not less than 30 members.
- Article 371-I provides that the Goa Legislative Assembly is to consist of not less than 30 members.
|PROVISIONS FOR KARNATAKA (ART.371-J)|
- Under Article 371-J, the President is empowered to provide that the Governor of Karnataka would have special responsibility for –
- The establishment of a separate development board for Hyderabad-Karnataka Region.
- Making a provision that a report on the working of the board would be placed every year before the State Legislative Assembly.
- The equitable allocation of funds for developmental expenditure over the region.
- The reservation of seats in educational and vocational training institutions in the region for students who belong to the region.
- The reservation in State Government posts in the region for persons who belong to the region.
|HISTORY OF ARTICLE-371J (KARNATAKA)|
- The old Mysore state comprised most of the southern part of current Karnataka. This region has been since times have been ruled by the a very developed oriented rulers
- The Mysore state was reorganized in 1956 as Karnataka.
- Nizam of hydrabad had ruled the Kannad speaking regions of north Karnataka.
- So no one saw the grievances of north Karnataka and it remained backward.
- Since 1956 there was a divide between north and south and even north Karnataka has demanded a separate state.
- The present day North karnataka was part of Hyderabad.
- So to meet the development need of the people of hydrabad – karnataka region, the 98th constitutional amendment was made to add article 371 J.
|THE HYDERABAD KARNATAKA REGION DEVELOPMENT BOARD|
- The Hyderabad Karnataka Region Development Board was established on 06.11.2013.
- The jurisdiction of the Board is spread over 40 assembly constituencies (after the recent delimitation of constituencies) of Bidar, Bellary, Kalaburagi, Koppal, Raichur and Yadgir districts.
- The mission of the HKRDB is to achieve rapid inclusive growth and balanced regional development with social justice for the six districts coming under Hyderabad Karnataka Region.
- The vision is to achieve this through Macro and Micro level planning by filling the historical developmental gaps in such a way that the centres of growth and the peripheries develop in tandems and in an interdependent manner.
- The HKRDB has adopted the Taluka as a unit, taking guidance from the Dr. Nanjundappa Report on Redressal of regional Imbalance.