Article 371 of the Indian Constitution: Special Provisions for States

Why in news?

• A regional party in Meghalaya has indicated that bringing the State under the purview of Article 371 could help resume rat-hole coal mining, which has been banned since April 2014.

Introduction

• Article 371, under Part XXI of the Indian Constitution, grants temporary, transitional, and special provisions to certain states to address their unique socio-economic and cultural needs.
• It has been in effect since 26 January 1950, while provisions under Article 371(A-J) were added through constitutional amendments via Article 368.

Requirement of Article 371

• Ensures balanced regional development within states.
• Protects cultural, social, and economic rights of local communities.
• Addresses historical, political, and socio-economic challenges in various regions.
• Provides for special governance structures to accommodate regional aspirations.
• Strengthens law and order in certain states where needed.

Special Provisions under Article 371(A-J)

1. Article 371 – Maharashtra & Gujarat

• The Governor of Maharashtra has a special responsibility to establish separate development boards for Vidarbha, Marathwada, and the rest of Maharashtra.
• The Governor of Gujarat holds a similar responsibility for Saurashtra, Kutch, and the rest of Gujarat.

2. Article 371A – Nagaland

• No Parliamentary law shall apply to Naga religious and social practices, customary law, ownership and transfer of land, and administration of civil and criminal justice, unless approved by the Nagaland Legislative Assembly.
• The Governor has a special responsibility for law and order in the state.

3. Article 371B – Assam

• Inserted in 1969 to create a special committee in the Assam Legislative Assembly to represent tribal communities.
• The President has the authority to determine its constitution and functioning.

4. Article 371C – Manipur

• Added in 1972, it provides for a committee of legislators from the Hill Areas of Manipur.
• The Governor must submit an annual report to the President on the administration of the Hill Areas.

5. Articles 371D & 371E – Andhra Pradesh & Telangana

• Ensures equal opportunities in education and public employment for people from different parts of Andhra Pradesh and Telangana.
• The President has the power to issue orders regarding reservations and quotas.
• Article 371E allows the establishment of a central university in Andhra Pradesh by Parliamentary law.

6. Article 371F – Sikkim

• Recognizes Sikkim’s unique historical status following its merger with India in 1975.
• Ensures special rights for Sikkimese people, including respecting their customs and traditions.
• The Sikkim Legislative Assembly must have at least 30 members.

7. Article 371G – Mizoram

• Protects Mizo religious and social practices, customary laws, ownership of land, and civil & criminal justice.

8. Article 371H – Arunachal Pradesh

• Grants the Governor special responsibility concerning law and order.
• Recognizes Arunachal Pradesh’s strategic importance and its sensitive borders.

9. Article 371I – Goa

• Specifies that the Goa Legislative Assembly must have at least 30 members.

10. Article 371J – Karnataka (Hyderabad-Karnataka Region)

• Grants special status to the Kalyana Karnataka (formerly Hyderabad-Karnataka) region.
• Ensures the establishment of a separate development board.
• Guarantees equitable allocation of funds and opportunities for the region.

Conclusion

• Article 371 plays a crucial role in protecting the regional, cultural, and economic interests of various Indian states.
• By granting special governance provisions, it helps maintain harmony, promote development, and safeguard traditional practices in these regions.

The Indian government has also considered extending similar protections to Ladakh, highlighting the article’s continuing relevance in addressing regional aspirations.