Articles 371 to 371J (States Special Provisions & Criticism)

Articles 371 to 371J are certain constitutional provisions provided under Part XXI of the Indian Constitution. These are for meeting the unique requirements of some states in respect of culture, society, administration, and development. The purpose of these provisions is to safeguard the regional identity, tribal customs and traditions, balanced development and national unity.

These provisions apply to states like Maharashtra and Gujarat (Article 371), Nagaland (Article 371A), Assam (Article 371B), Manipur (Article 371C), Andhra Pradesh and Telangana (Article 371D), Central University of Andhra Pradesh (Article 371E), Sikkim (Article 371F), Mizoram (Article 371G), Arunachal Pradesh (Article 371H), Goa (Article 371-I) and Karnataka (Article 371J). It is interesting to note that Article 371A safeguards the customs, traditions and land rights of Nagas.

• The provisions in the Articles 371 to 371-J are contained in Part XXI of the Constitution entitled Temporary, Transitional and Special Provisions.
• They were not a part of the original Constitution but they were created with the help of different amendments under Article 368.
• These provisions are aimed principally at:
  • To fulfill the dreams of the inhabitants of backward areas of the states.
  • To protect the cultural and economic interests of the tribal people of the states
  • To handle the unstable law and order situation in sections of the states.
• These special arrangements remain in effect up to the point the circumstances that caused them like secessionist inclinations or the security concern are no more.
• The Constitution does not specify a time period when they should be stopped even though it has been described as being temporary.

• Article 371 of the Indian Constitution empowers the President to make special provisions to the states of Maharashtra and Gujarat.
• It empowers the governors of these states to set up distinct development boards in regions such as Vidarbha, Marathwada, Saurashtra and Kutch in order to achieve balanced regional development, equitable funds distribution as well as better technical education/ employment opportunities.

• This article was inserted into the Constitution through the 13th Amendment Act in 1962.
• These provisions resulted from the 16-Point Agreement of 1960 between the Government of India and the Naga People Convention to conserve the special cultural identity of Nagas.
• It provides special autonomy to Nagaland, ensuring that no Act of Parliament applies to the state regarding Naga social/religious practices, customary law, administration of civil/criminal justice based on custom, and land/resource ownership, unless the Legislative Assembly of Nagaland passes a resolution to adopt it.
• Key aspects of Article 371A include:
  • Legislative Control: Parliamentary laws regarding Naga customary law, land, and social practices require approval from the Nagaland Legislative Assembly to apply.
  • Special Responsibilities of the Governor: Under Article 371A(1)(b), the Governor has special responsibilities for law and order, acting in their discretion, though this is intended for specific security situations and not as a parallel government.

• This article was inserted by the 22nd Constitutional Amendment Act of 1969.
• Article 371B is mostly related to issues of political representation and administrative control of tribal regions.
• Its main components:
  • Formation of a Special Committee: It authorizes the President to make provision to the constitution and operation of a committee of the Assam Legislative Assembly.
  • The Assembly elected people who represented the tribal areas defined on the Sixth Schedule (like Karbi Anglong, North Cachar Hills, and Bodoland Territorial Areas).

• It is constituted under 27th Amendment act of 1971 where special provisions of Manipur have been laid down namely with a Hill Areas Committee (HAC) made up of MLAs representing tribal hill areas of the state.
• It requires administrative control by the governor over the operations of the hill areas, and it endows the federally powerful authority of delivering guidance on the governance.
• The Governor makes sure that the committee is operating well and has to provide an annual report to the President.
• It establishes a special government on the hill regions, which will safeguard the tribal interests.

• Article 371D and 371E in the Indian constitution, inserted by the 32nd Constitution Amendment act of 1973.
• It provided special arrangements to Andhra Pradesh (and later Telangana) to have fair chances of securing equitable opportunities in public employment and education.
• Article 371D gives the President the right to arrange local cadres in state service and establish preferences of the local areas in education,
• Article 371E provides Parliament with the power to create a Central University in the state.
• These provisions under article 371 D&E were introduced following the Jai Andhra Movement to address regional disparities and developmental imbalances.

• Article 371F of the Indian Constitution, added by the 36th Amendment Act in 1975. It provides special status to Sikkim, enabling its smooth integration as the 22nd state.
• Article 371F defends the existing laws, land rights and the cultural heritage, in particular creating a minimum size of 30-member legislature of assembly and special representation of various parts of the Sikkimese population.
• Under Article (371F(f)) Special Rights were given under which Parliament can create special provisions to protect the rights and interests of various sections of the population, including the restriction of land transfer to non-locals. Under this Sikkim is allotted one seat in the Lok Sabha.

• Article 371G of the Indian Constitution, added by the 53rd Amendment Act of 1986. Article 371G was inserted following the 1986 Mizo Peace Accord, which concluded decades of insurgency.
• It prevents Parliament from imposing laws regarding Mizo religious/social practices, customary law, land ownership, and administration of justice without the Mizoram Legislative consent. It guarantees a minimum of 40 Assembly members.

• The 55th Amendment Act of 1986, inserted article 371H. On statehood, it makes special provisions to Arunachal Pradesh.
• It confers upon the Governor, on behalf of the Centre, special powers as regards the law and order, and discretionary powers of ruling, though possibly conflicting with the Council of Ministers.

• Article 371-I of Indian Constitution was added under the 56th Amendment Act in 1987.
• It provides specific status to Goa, with at least 30 members to its Legislative Assembly. Although this provision is different to other 371 provisions emphasizing on cultural protection, this guarantees the state political representation.

• Indian Constitution, Article 371J which was added through 98 th Amendment Act in 2012. It makes special provisions of the development of the region of Kalyana-Karnataka (hitherto Hyderabad-Karnataka).
• It consists of six districts, Bidar, Kalaburagi/Gulbarga, Yadgir, Raichur, Koppal and Ballar.
• It empowers the Governor to appoint an independent development board and reserves education and government employment to the local people. Development of the Kalyana Karnataka Region Development Board (KKRDB) to compose finances to be distributed to the region.

• Weakening the sense of National Unity: Critics believe that, such provisions belittle the idea of being a united nation by exceptionally offering rights to some states.
• Political Misuse: The special responsibility and powers of the Governor (e.g. of Article 371H in Arunachal Pradesh) are sometimes criticised to allow Central interference in state affairs, sometimes abused to prevent democratic processes.
• Developmental Obstacles such as Article 371A (Nagaland) and others may result in economic stagnation.
• Legal/Administrative Uncertainty: Multiple competencies between the traditional institutions, state government, and the Governor create misunderstandings, especially interpreting and implementing the Central laws (e.g., in Nagaland and Mizoram).
• Social/Gender Inequity: Those customary laws that enjoy protection on this grounds, especially on the matters of possession of land, simply collide with the basic rights, namely, gender equality (e.g. right of women to inheritance in Nagaland).
• Uneven Development: These provisions are supposed to be used to safeguard the underdeveloped parts of the state but at the state level, they may create imbalance.

• Enhancement of Existing Frameworks: Experts propose to strengthen existing special provisions, rather than making new special provisions, by adding extra rigor to the measures to prevent overlaps of jurisdiction and administrative paralysis, such as the Sixth Schedule to which states such as Meghalaya are to be added.
• Striking a balance between the Customary Law and the New Rules: harmonizing customary laws (ensured through 371A and 371G) with the national safety and environmental standards.
• Resolving Economic Impediments: it involves the incentivization of the community to participate and come up with win-win patterns of extracting resources including oil exploration where the revenue will be equally shared with the local tribes.
• Gradual Integration: As long as the temporary tag is there, the government has made it clear that these articles will not go away soon so that cooperative federalism can be induced. Any subsequent elimination would only come at the bequest of the states themselves as they come to the level of developmental equality with the rest of the nation.