Special Provisions for some States

Special provisions for some states have been made to meet the aspirations of the people of backward regions, to protect the cultural and economic interests of tribal people, to deal with law and order situation in some parts of the state whenever they are disturbed and to protect the interests of local people of the states. 

Originally the constitution did not provide any special provisions but were incorporated by various amendments made in the context of the reorganisation of states or UTs. 

Articles 371-371-J in Part XXI the constitution provides for special provisions for 12 states. they are: 

Now let us see the special provisions that are provided for these states: 

Special provisions for Maharashtra and Gujarat 

• Article 371 of the Constitution authorises the President of India to provide that the Governor of Maharashtra and that of Gujarat would have special responsibility for:

1.the establishment of separate development boards for:

1. Vidarbha, Marathwada and the rest of Maharashtra,
2. Saurashtra, Kutch and the rest of Gujarat;

2. Making a provision that a report made on the working of these boards is placed every year before the State Legislative Assembly;

3. Funds equally allocated for the developmental expenditure over the above mentioned areas; and

4. An equitable arrangement providing adequate facilities for technical education and vocational training, and adequate employment opportunities in the state services in respect of the above mentioned areas.

Special Provisions for the State of Nagaland

Article 371-A (added by 13th amendment act, 1962) makes the following special provisions for nagaland: 

1. the act of parliament relating to the following matters would not apply to nagaland unless the state legislative assembly so decides. the matters include religious or social practises of 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. 
2. the governor of nagaland shall have special responsibility with respect to law and order in the state so long as in his opinion internal disturbances occurring in the Naga hills, Tuensang area still continues and in the discharge of his functions, 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. 
3. the government has to ensure that the money provided by the Government of India out of the consolidated fund of India for any specific purposes included in the dim and for a grant relating to that purpose and not in any other demands. 
4. Regional Council for the Tuensang district consisting of 35 members should be established. the governor should in his discretion make rules for the composition of the council; manner of choosing its members, their qualifications, term, salaries and allowances; the procedure and conduct of the 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 regional council. 
5. for a period of 10 years from the formation of the state 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: 

1. the administration of the Tuensang district shall be carried on by the governor. 
2. the government said in his discretion arrange for equitable distribution of money provided by the centre between Tuensang district and the rest of nagaland. 
3. there shall be a minister for Tuensang affairs in the State Council of ministers. 
4. the final decision on all matters relating to Tuensang district shall be made by the governor in his discretion. 
5. members in the nagaland assembly from the Tuensang its strict are not elected directly by the people but by the Regional Council. 

Special provisions for Assam 

Under Article 371-B (added by 22nd amendment act, 1969), the president may provide for the constitution and functions of a committee of the legislative assembly of the state consisting of members of that assembly elected from the tribal areas as he may specify. 

Special provisions for Manipur 

Article 371-C (added by 27th amendment act, 1971) make the following special provisions for Manipur: 

1. the president may provide for the constitution and functions of a committee of the legislative assembly of the state consisting of members of that assembly elected from the hill areas of that state; the president can also direct that the governor shall have a special responsibility to secure the proper functioning of such committee. 
2. the governor should submit an annual report to the president regarding the administration of the hill areas and the executive power of the union can give directions to the state government as to the administration of the hill areas. 

Special provisions for Andhra Pradesh 

Under article 371-D (added by 32nd amendment act, 1973) falling special provisions are made for Andhra Pradesh: 

1. the president is empowered to provide for equitable opportunities and facilities for the people belonging to different paths of the state in the matter of public employment and education and different provisions can be made for various parts of the state. 
2. for the above purpose, the president may require the state government to organise 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. He may also specify the extent and manner of preference or reservation given in the matter of direct recruitment to posts in any such cadre or admission to any such educational institution. 
3. 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 this state. the tribunal is to function outside the purview of the state High Court. no court other than the SC 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. 

With the formation of a separate Telangana state, the article 371-D will need to be amended. article 371-E provides for the establishment of a central university in the state of Andhra Pradesh. 

Special provisions for Sikkim  

35th amendment act, 1974 controlled on sikkim the status of an associate state of the Indian union. it was provided with a status of full-fledged state by the 36 the amendment act, 1975. Article 371-F provides special provisions for sikkim, which are as follows: 

1. the legislative assembly of sikkim should consist of not less than 30 members. 
2. one seat is allocated to Sikkim in the Lok Sabha and sikkim forms one parliamentary  
3. 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: (i) 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 election to the assembly. 
4. 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. 
5. the president can extend to sikkim any law which is in force in a state of the Indian union. 

Special provisions for Mizoram 

Under article 371-G (added by 53rd amendment act, 1986) the following special provisions are made for Mizoram: 

1. the acts of parliament relating to the following matters would not apply to mizoram is the state legislative assembly so decides. the matters include religious or special 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 and its resources. 
2. The legislative assembly of Mizoram should consist of not less than forty members. 

Special provisions for Arunachal Pradesh 

Under article 371-H (added by 55th amendment act, 1986), the following special provisions are made for Arunachal Pradesh: 

1. 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 consultation with 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. 
2. the legislative assembly of arunachal Pradesh should consist of not less than 30 members. 

Special provisions for Goa 

Article 371-I (added by 56th amendment act, 1987) provides that the legislative assembly of Goa should consist of not less than 30 members. 

Special provisions with respect to state of Karnataka  

Article 371-J was inserted by the 118th amendment act, 2012. the act seeks to empower the governor of Karnataka to take steps to develop the Hyderabad Karnataka region i.e., the districts of Gulbarga, Bidar, Raichur, Koppal, Yadgir and Bellary. The President I love the governor to take the following steps for the development of the region: 

1. setting up a Development Board for the region; 
2. ensure equitable allocation of funds for the development of the region; 
3. provide for reservation in state government positions in the region for persons from the region, and 
4. provide for reservation in educational and vocational training institutions.