Article 371 Of The Indian Constitution

Special provisions are granted for various Indian Union states under Article 371 of the Indian Constitution.

Article 371 of the Constitution of India, which may be found in parts XXI and XXII of the constitution, makes a number of temporary, transitional, and exceptional provisions available to certain states within the nation.

This Article provides special provisions for the states of Gujarat, Maharashtra, Nagaland, Mizoram, Assam, Andhra Pradesh, Sikkim, Manipur, Arunachal Pradesh, Goa, and Karnataka, ranging from Article 371-A to Article 371-J.

The major purposes of Article 371, which grants exceptional provisions to some states, are to fulfill the particular requirements of these states’ underdeveloped regions, to safeguard their economic and cultural interests, to address local issues, and to preserve their customary laws.

This writing will be beneficial for the aspirants preparing for the UPSC Exam as it is a part of the Indian Polity of UPSC Syllabus.

Article 371 Of The Indian Constitution

The special provision pertaining to the States of Gujarat and Maharashtra is covered under Article 371 of the Constitution. Its provisions are as follows:

Clause 2: Despite anything in this Constitution, the President may issue an order with regard to the States of Maharashtra or Gujarat that designates the Governor as having special responsibility for—

• (a) the creation of distinct development boards for Vidarbha, Marathwada, and the remainder of Maharashtra or, depending on the situation, Saurashtra, Kutch, and the remainder of Gujarat, with the provision that an annual report on the operations of each of these boards be presented to the State Legislative Assembly;
• (b) the fair distribution of funds for expenditures on development throughout the aforementioned areas, pursuant to the needs of the State as a whole; and
• (c) an equitable system that provides adequate facilities for technical education and vocational training as well as adequate chances for employment in services that are under the authority of the State Government, in relation to all of the aforementioned areas, pursuant to the needs of the State as a whole

Key Facts

1. Article 371 was substituted by the 7th Constitutional amendment of India
2. In light of the fact that the Six-Point Formula mandates the dissolution of the Regional Committee that was established in accordance with the first clause of article 371 of the Constitution, the Bill of 36th amendment also mandates the elimination of the aforementioned clause.
3. Thus 36th amendment of the Constitution of India deleted the first clause from Article 371.

Article 371A: Provisions for Nagaland

The following special provisions with respect to Nagaland are outlined in Article 371A:

1. Despite anything that is stated in this Constitution,—
   • (a) Unless the State Legislature Assembly decides otherwise, Nagaland will not be subject to the Acts of Parliament pertaining to the following:
     
     • (i) religious or social practices of the Nagas,
     • (ii) Naga customary law and procedure,
     • (iii) administration of civil and criminal justice that includes decisions made in accordance with Naga customary law,
     • (iv) ownership of land and its resources, as well as their transfer,
   • (b) The Governor of Nagaland shall have special responsibility with regard to law and order in the State of Nagaland for as long as, in his judgment, internal disturbances arising in the Naga Hills-Tuensang Area immediately prior to the creation of that State continue therein or in any portion thereof, and in the fulfillment of his duties in regard thereto, the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the course of action.
     
     Provided that if any doubt arises as to whether any subject is or is not one in respect of which the Governor is required to act in the exercise of his individual judgment under this sub-clause, the decision of the Governor in his discretion shall be final, and the legality of anything done by the Governor must not be called into question on the argument that he ought or ought not to have acted in the exercise of his individual judgment:
     
     Provided moreover, if the President determines, on the basis of a report from the Governor or else, that it is no longer essential for the Governor to have special responsibility for law and order in the State of Nagaland, he may, by order, instruct that the Governor cease to have such responsibility with effect from the date stated in the order;
   • (c) while the Governor of Nagaland is making his proposal with regard to any demand for a grant, he is required to make sure that any money supplied by the Government of India out of the Consolidated Fund of India for any specific service or objective is contained in the want for a grant pertaining to that service or purpose and not in any other need;
   • (d) A regional council for the Tuensang district, consisting of 35 members, shall be created as of the date that the Governor of Nagaland may designate in this regard by public publication, and the Governor shall, at his or her discretion, make rules offering for—
     • (i) the makeup of the regional council and the mode by which its members will be chosen:
       
       With the proviso that the regional council’s vice-chairman shall be chosen by its members from among themselves and that the regional council’s ex officio chairman shall be the district’s deputy commissioner;
     • (ii) the qualifications for becoming a member of the regional council, as well as the requirements for serving as a member of the regional council;
     • (iii) the length of the regional council’s term of office, as well as the salaries and allowances, if any, that will be paid to its members;
     • (iv) the regional council’s business procedures and operations;
     • (v) the selection of regional council officers and staff, as well as their terms of service; and
     • (vi) any other matter with regard to which it is necessary to establish regulations for the constitution and proper operation of the regional council.
2. Despite everything contained in this Constitution, for a period of ten years following the creation of the State of Nagaland or for a longer time that the Governor may designate in this regard by public notification upon the suggestion of the regional council, —
   • (a) The Governor is responsible for overseeing the Tuensang district’s administration;
   • (b) In the event that the Government of India gives the Government of Nagaland any funding to satisfy the needs of the State of Nagaland as a whole, the Governor shall, at his discretion, make arrangements for an equitable distribution of that money between the Tuensang district and the remainder of the State;
   • (c) No Act of the Nagaland Legislature shall be applicable to the Tuensang district unless the Governor, on the suggestion of the regional council, directs otherwise by public notification and the Governor, in directing such action with regard to any such Act, may direct that the Act’s applicability to the Tuensang district, or any portion thereof, have effect subject to such exclusions or changes as the Governor may specify on the advice of the regional council:
     
     Providing, however, that any directive provided in accordance with this subclause may be given in such a way as to have a retrospective effect;
   • (d) the Governor has the authority to create regulations for the peace, progress, and good governance of the Tuensang district, and any regulations so formed have the authority to repeal or alter with retrospective effect, if essential, any Act of Parliament or any other legislation that is for the time being applicable to that district;
   • (e) (i) On the suggestion of the Chief Minister, the Governor appoints one of the members representing the Tuensang district in Nagaland’s Legislative Assembly as Minister for Tuensang issues. When offering his opinion, the Chief Minister is required to base his decision on the recommendation of the majority of the members, as was previously stated.
   • (ii) the Minister for Tuensang Affairs is responsible for handling all issues concerning the Tuensang district and has direct access to the Governor on those issues; nonetheless, he is required to keep the Chief Minister informed about those issues;
   • (f) despite anything contained in the preceding provisions of this clause, the Governor will, at his discretion, make the final judgment on all issues pertaining to the Tuensang district;
   • (g) In articles 54 and 55 as well as clause 4 of article 80, references to the elected members of a State’s Legislative Assembly or to each such member shall include references to the members or members of the Nagaland Legislative Assembly chosen by the regional council established pursuant to this article;
   • (h) in article 170—
     • (i) Clause(1) must, with respect to the Legislative Assembly of Nagaland, have the same effect as if the word “sixty” had been replaced with the word “forty-six”;
     • (ii) in the aforementioned clause, the reference to direct election from territorial constituencies in the state shall comprise election by the members of the regional council created in accordance with this article;
     • (iii) references to “territorial constituencies” in clauses (2) and (3) mean “territorial constituencies” in the Kohima and Mokokchung districts, respectively.
3. The President may, by order, take any action (including the adaptation or modification of any other article) that, in his opinion, is required to overcome any problem in carrying out any of the aforementioned provisions of this article:
   
   With the caveat that no such order may be issued after three years have passed since the State of Nagaland was created.

Explanation.—The districts of Kohima, Mokokchung, and Tuensang shall have the same meanings in this article as they do in the State of Nagaland Act, 1962.

Relevant Articles:

Article 54 Of The Indian Constitution: Election of President	Article 55 Of The Indian Constitution
Article 80 Of The Indian Constitution	Article 170 Of The Indian Constitution

Article 371B: Provision For Assam

Article 371B is a provision in the Indian Constitution that applies specifically to the state of Assam. The said Article was inserted by the 22nd amendment of the Indian Constitution.

Article 371B allows the President to create a committee within the Legislative Assembly of Assam that is made up of members of that Assembly who are elected from the tribal areas specified in Part I of the table appended to paragraph 20 of the Sixth Schedule of the Constitution.

The President can also specify the number of other members of the Legislative Assembly that are to be included in this special committee, so as to ensure proper representation of these tribal areas. Furthermore, The President can make modifications to the rules of procedure of the Legislative Assembly of Assam, so as to ensure that the special committee can be created and functions properly.

The main objective of this provision is to guarantee that the voices of the tribal communities in Assam have a platform to be heard in the State’s legislative assembly, which helps in the governance and development of the tribal areas.

Article 371C: Provision For Manipur

The following special provisions pertaining to Manipur are outlined in Article 371-C:

1. The President is given the authority to make orders for the formation of a committee of the Manipur Legislative Assembly that will be comprised of those individuals who were elected from the state’s Hill Areas.
2. Additionally, the President has the ability to direct a specific duty for ensuring the effective operation of a committee is assigned to the Governor.
3. Concerning the administration of the Hill Areas, the Governors ought to provide the President with an annual report.
4. Regarding the management of the Hill Areas, the Central Government may provide the State Government with instructions.

Explanation.—Within the context of this article, the term “Hill Areas” refers to those regions that the President may, by order, declare to be Hill regions.

All About Article 371D: Provision For Andhra Pradesh Or Telangana

The Indian Constitution contains Article 371(D). It was developed as a result of agitations in the state of Andhra Pradesh and protects the rights of locals to work and education. In 1974, it was added to the Constitution as the 32nd Amendment. It has turned into a point of contention for the separation of the states of Telangana and Andhra Pradesh.

Its constitutional provisional are as follows:

1. This statement is referring to the President of India having the power to create an order related to the states of Andhra Pradesh and Telangana. The order would aim to provide equal opportunities and facilities for people belonging to different parts of the states in terms of public employment and education. Different provisions may be made for different parts of the states based on the specific needs of each region.
2. An order made pursuant to clause (1) (which allows the President to provide for equitable opportunities in public employment and education in Andhra Pradesh and Telangana) may, in particular,
   • (a) direct the State Government to divide any class or classes of posts in the State’s civil service into local cadres for each region of the State and to assign the individuals holding such posts to the local cadres in accordance with the principles and procedures specified in the order;
   • (b) may include specific provisions in relation to the local areas of the states. In particular, the order may specify certain parts of the state as the local area for:
     • (i) direct recruitment to positions in any local cadre under the State Government (whether organized in accordance with an order under this article or otherwise constituted)
     • (ii) direct recruitment to positions in any cadre under any local authority within the State; and
     • (iii) in order to be considered for admission to any university located within the State or to any other educational facility under the direction of the State Government;
   • (c) detail the conditions under which preference or reservation shall be offered or made, as well as the extent, method, and manner in which they shall be done in relation to such cadre, university, or other educational institution, as the case may be, to or in favor of applicants who have dwelt or studied for any term stated in the order in the local region.
     • (i) regarding direct hiring for positions in any of the cadres mentioned in subclause (b) as may be indicated in the order in this regard;
     • (ii) in the context of admission to any university or other educational facility mentioned in subclause (b), as may be stated in this regard in the order.
3. The President has the authority to establish an Administrative Tribunal for both Andhra Pradesh and Telangana by issuing an appropriate order. This is done in order to exercise such jurisdiction, powers, and authority, including such jurisdiction, authority, and power that immediately prior to the enactment of the Constitution (Thirty-second Amendment) Act,1973, was exercisable by any court (other than the Supreme Court) or by any tribunal or other authority as may be stated in the order with respect to the following topics, which are:—
   • (a) the appointment, allocation, or promotion to the class or classes of posts in any State civil service, the class or classes of State civil posts, or the class or classes of posts controlled by any State local authority, as may be stated in the order;
   • (b) the seniority of individuals appointed, assigned, or promoted to the class or classes of positions in any State civil service, the class or classes of State civil posts, or the class or classes of State civil posts controlled by any State local authority, as may be stated in the order;
   • (c) Any additional conditions of employment for individuals appointed, allotted, or promoted to a particular class or classes of posts in the State’s civil service, a particular class or classes of civil posts under the State, or a particular class or classes of posts controlled by any local authority within the State, as the order may specify.
4. An order made pursuant to clause (3) may—
   • (a) authorize the Administrative Tribunal to receive representations for the grievance redress pertaining to any topic within its jurisdiction as specified by the President in the order, and to create such orders as the Administrative Tribunal considers appropriate;
   • (b) include any provisions the President may judge essential with regard to the powers, authorities, and process of the Administrative Tribunal (including provisions with regard to the powers of the Administrative Tribunal to penalize for contempt of itself);
   • (c) allow for the transfer to the Administrative Tribunal of such classes of actions as may be stipulated in the order, which are processes relating to topics within its jurisdiction and pending before any court (other than the Supreme Court), tribunal, or other body immediately prior to the commencement of such order, as may be specified in the order;
   • (d) include any additional, incidental, and consequential provisions that the President may deem essential, including provisions relating to fees, limitations, proof, or the implementation of any current legislation subject to any exceptions or adjustments.
5. The Administrative Tribunal’s order finally resolving any dispute must take effect upon confirmation by the State Government or following the expiration of three months from the date of the order, whichever occurs first:
   
   With the caveat that the State Government may, by special written order made and for reasons that will be detailed therein, amend or annul any order of the Administrative Tribunal prior to it becoming effective. In such an event, the Administrative Tribunal’s order shall only have effect in such altered form or be of no effect, as the situation may be.
6. Every special order issued by the State Government in accordance with the proviso to clause(5) must be submitted before both Houses of the State Legislature as soon as practicable after it is issued.
7. The High Court for the state will not have any authority over the Administrative Tribunal. Furthermore, no other court or tribunal, except for the Supreme Court, will have the power to deal with any matter that falls under the jurisdiction, power, or authority of the Administrative Tribunal. 
8. The Administrative Tribunal may be dissolved by order of the President if the President is of the opinion that its ongoing existence is not required. And he shall make such provisions for the transfer and disposition of cases pending before the Tribunal immediately prior to such abolition in such manner and in such order as he may judge proper.
9. Regardless of any judgment, decree, or order issued by a court, tribunal, or other body –
   • (a) No person shall be appointed, posted, promoted, or transferred—
     • (i) made prior to November 1, 1956, to any position under the Hyderabad State Government or any local authority within that state as those entities existed prior to that date; or
     • (ii) made to any position within the government of, or any local or other authority within, the State of Andhra Pradesh prior to the effective date of the Constitution (Thirty-second Amendment) Act,1973; and
   • (b) no action was taken or thing was done by or before any person referred to
     in sub-clause (a),
     
     shall be deemed to be unlawful or void or to have ever been unlawful or void solely because the appointment, posting, promotion, or transfer of such person was not created in conformity with any law then in effect requiring any requirement as to residence within the State of Hyderabad or, as the instance may be, within any part of the State of Andhra Pradesh, with respect to such appointment, posting, promotion, or transfer.
10. Regardless of anything in any other provision of this Constitution or in any other law currently in existence, the provisions of this article and any order issued by the President in accordance with it shall be enforceable.

Article 371E

In accordance with Article 371 of the Constitution of India, the Parliament may create a Central University in the Andhra Pradesh State.

Article 371F: Provision For Sikkim

Despite anything contained in this Constitution:

(a) the State of Sikkim’s Legislative Assembly must have at least thirty members;

(b) beginning on the set day (referred to as the appointed day in this article), which is the date the Constitution (Thirty-sixth Amendment) Act of 1975 took effect:

• (i) the Assembly for Sikkim, which was set up as a result of the elections held in Sikkim in April 1974 and which included 32 members who were elected in those elections (hence referred to as the sitting members), will be deemed to be the Legislative Assembly of the State of Sikkim legally established in accordance with this Constitution;
• (ii) The Legislative Assembly of the State of Sikkim members who were lawfully elected in accordance with this Constitution are assumed to be the sitting members; and
• (iii) the said Legislative Assembly of the Sikkim State shall exercise the powers and execute the functions that are granted to the Legislative Assembly of a State by this Constitution;

(c) In the situation of the Assembly considered to be the Legislative Assembly of the State of Sikkim under clause (b), the references to the duration of five years in clause (1) of article 172 must be understood as references to a period of four years, and the said period of four years shall be assumed to begin from the appointed day;

(d) The State of Sikkim will receive one seat in the House of People and create one parliamentary constituency that will be known as the Sikkim parliamentary constituency until other provisions are created by Parliament by law;

(e) the member of the Legislative Assembly of the State of Sikkim is responsible for electing the person who will serve as the representative of the State of Sikkim in the House of the People on the appointed day;

(f) For the objective of preserving the rights and interests of various sections of the population of Sikkim, Parliament may establish provisions for the number of seats in the Legislative Assembly of the State of Sikkim that may be occupied by respondents belonging to such sections and for the delimitation of assembly constituencies from which only candidates belonging to such sections may stand for election to the Legislative Assembly of the State of Sikkim;

(g) The Governor of Sikkim shall have special responsibility for maintaining the peace and providing an equitable arrangement to ensure the social and economic advancement of diverse sections of the Sikkim population, and in the execution of his special responsibility under this clause, the Governor of Sikkim shall, subject to such directives as the President may, from time to time, consider appropriate to issue, act in his discretion;

(h) All assets and property (whether inside or outside the territories included in the State of Sikkim) that were instantly prior to the appointed day vested in the Government of Sikkim, any other authority, or any person for the objectives of the Government of Sikkim shall, as of the specified day, vest in the Government of the State of Sikkim;

(i) The High Court that was in operation as such on the day before the appointed day in the areas that make up the State of Sikkim shall be regarded as the High Court for the State of Sikkim on that day and afterward;

(j) starting on the appointed day, all judicial, executive, and ministerial officers, as well as all authorities and courts with civil, criminal, and revenue jurisdictions, must continue to carry out their respective duties under the provisions set forth in this Constitution;

(k) Until changed or repealed by a competent Legislature or other competent authority, all laws that were in effect on the day before the appointed day in the territories included in the State of Sikkim, or any part thereof, shall remain in effect there;

(l) The President may, within 2 years from the appointed day, by order, make any adaptations and changes to the law that may be essential or expedient, whether by way of repeal or modification, in order to facilitate the application of any such law as is referred to in subsection (k) in connection to the administration of the State of Sikkim and in order to bring the provisions of any such law into compliance with the requirements of this Constitution. Following that, each such statute shall take effect with the changes and adaptations made, and no such modification or adaptation shall be challenged in a court of law;

(m) No dispute or other matter arising out of any treaty, agreement, engagement, or other similar instrument related to Sikkim that was entered into or completed before the appointed day and to which the Indian Government or any of its prior Governments was a party shall be subject to the jurisdiction of the Supreme Court or any other court, but nothing in this clause shall be read to derogate from the provisions of article 143;

(n) By public notification, the President may extend any law that is in effect in an Indian State at the time of the notification to the State of Sikkim with the restrictions or adjustments he deems appropriate;

(o) If a problem occurs in carrying out any of the aforementioned provisions of this article, the President may, by order, take any action (including the adaptation or alteration of any other article) he deems necessary to solve the problem:

With the caveat that no such order may be issued following the passing of two years following the appointed day;

(p) all deeds and deeds done in or in connection with the State of Sikkim or the territories contained therein during the period starting on the appointed day and terminating immediately prior to the date the Constitution (Thirty-sixth Amendment) Act, 1975, receives the President’s assent shall, to the extent that they are in accordance with the provisions of this Constitution as modified by the Constitution (Thirty-sixth Amendment Act),1975, be deemed for all intents to have been duly done or taken under this Constitution as so modified.

Article 371G: Provision For Mizoram

Despite anything contained in this Constitution,—

(a) No Act of Parliament pertaining to the items listed below shall be applicable to the State of Mizoram unless and until the Legislative Assembly of the State of Mizoram does so by passing a resolution:

(i) religious or social practices of the Mizos,

(ii) Mizo customary law and procedure,

(iii) administration of civil and criminal justice involving decisions according to Mizo customary law,

(iv) ownership and transfer of land,

With the proviso that nothing in this article shall apply to any Central Act that was in force in the Union territory of Mizoram immediately prior to the beginning of the Constitution (Fifty-third Amendment) Act, 1986;

(b) There shall be at least forty members in the Legislative Assembly of the State of Mizoram.

Article 371H: Provision For Arunachal Pradesh

Clause a: In Clause a, the special responsibility in regard to law and order in the state of Arunachal Pradesh falls on the shoulders of the Governor of Arunachal Pradesh. The Governor is given the power to take action on law and order issues and is expected to consult with the Council of Ministers, however, the Governor has the final say on the action to be taken in such matters.

The decision of the Governor in this regard is considered to be final, and his actions cannot be questioned or challenged on the grounds that he should or should not have acted differently.

This clause is providing a specific provision that states that the President of India has the power to revoke the special responsibility given to the Governor of Arunachal Pradesh with regard to law and order in the state. The President can do this if he receives a report from the Governor or if he otherwise determines that the special responsibility is no longer needed.

The President can do this by issuing an order which directs the Governor to cease having this special responsibility as of a specific date that will be specified in the order. This means that the President has the authority to review the situation and make a decision to revoke the special responsibility of the Governor if he believes that the law and order situation in the state is no longer in need of special attention.

Clause b: According to clause (b), there must be at least thirty members in the Legislative Assembly of the State of Arunachal Pradesh.

Article 371I: Provision For Goa

According to Article 371-I of the Indian Constitution, there must be at least 30 members in the Goa Legislative Assembly.

This Article was inserted by the 56th amendment of the Indian Constitution.

Article 371J: Provision For Karnataka

Article 371J covers special provisions pertaining to the Indian state of Karnataka. This Article was inserted by the 98th amendment of the Indian Constitution.

1. The President may specify in accordance with Article 371-J that the Karnataka Governor shall have a special obligation for:
   • (a) the creation of a distinct development board for the Hyderabad, Karnataka region, with the provision that an annual report on the board’s operations be presented to the State Legislative Assembly;
   • (b) an equal distribution of funds for expenditures related to development across the aforementioned territory, pursuant to the needs of the State as a whole; and
   • (c) equitable chances and facilities for the people who belong to the aforementioned region in terms of public employment, education, and vocational training, pursuant to the interests of the State as a whole.
2. An order made pursuant to clause (1)’s clause (c) may:
   • (a) reserving a percentage of seats in educational and vocational training institutes in the Hyderabad-Karnataka region for students born or domiciled in that region; and
   • (b) the identification of positions or classes of positions within the State Government and in any bodies or organizations under its control in the Hyderabad-Karnataka region, and the preservation of a portion of those positions for individuals who are natives or residents of that region, for appointment thereto by direct recruitment, by promotion, or in any other method as may be specified in the order.

Significance

All of these clauses take into account the unique conditions that exist inside each state, and so stipulate a wide variety of precise safeguards that are believed to be essential for the respective states.

Article 371I, which deals with Goa, distinguishes this group of articles from 371 to 371J because it lacks any provisions that may be termed “special.” There is nothing particularly “special” about Article 371E, which also applies to Andhra Pradesh and Telangana.

Difference Between Article 370 And Article 371, 371A – 371J

Feature	Article 370	Article 371, 371A-371J
States covered	Jammu and Kashmir	Various states such as Gujarat, Maharashtra, Nagaland, Mizoram, Assam, Andhra Pradesh, Sikkim, Manipur, Arunachal Pradesh, Goa, and Karnataka
Purpose	To grant special autonomous status to Jammu and Kashmir	To fulfill the particular requirements of certain states’ underdeveloped regions, to safeguard their economic and cultural interests, to address local issues, and to preserve their customary laws
Power and autonomy	Grants autonomy in internal administration, land, and resources, but requires the state to follow the Indian Constitution in matters of defense, foreign affairs, and communications	Grants special provisions such as establishing a separate state public service commission, preserving customary laws and practices, and providing for special economic development schemes for certain regions
Nature of provisions under the Article specified	Temporary provision	Special provision
Provision range	Article 370 of the Indian Constitution	Article 371, Article 371-A to Article 371-J

Conclusion

In conclusion, Article 371 of the Indian Constitution grants special provisions to certain states in the country, including Gujarat, Maharashtra, Nagaland, Mizoram, Assam, Andhra Pradesh, Sikkim, Manipur, Arunachal Pradesh, Goa, and Karnataka. These provisions, which range from Article 371-A to Article 371-J, are intended to address the specific needs of underdeveloped regions, protect economic and cultural interests, address local issues, and preserve customary laws in these states.

For additional readings:

Article 291 Of The Indian Constitution	Article 312 Of The Indian Constitution
Article 374 Of The Indian Constitution	Article 370 Advantages And Disadvantages
Part 21 Of The Indian Constitution	Part 22 Of The Indian Constitution

FAQs On Articles 371, 371A to 371J