Article 371 of the Indian Constitution is a crucial provision that allows for special provisions to be made for certain states in India. It acknowledges the diverse socio-economic and political landscape of the country and provides a mechanism to address specific regional needs and aspirations. This article, along with subsequent additions (371A to 371J), demonstrates the Constitution’s flexibility and adaptability in accommodating the unique circumstances of different regions.
Original Text
371. Special provision with respect to the States of Andhra Pradesh, Maharashtra, Gujarat, Nagaland, etc
Notwithstanding anything in this Constitution, Parliament may, by law, provide for any special provision for the States of Andhra Pradesh or Telangana to ensure equitable opportunities and facilities to the people belonging to different parts of these States, in the matter of employment and education; and such law may, in particular,—
(a) require the State Government to organise any class or classes of posts under its control into different local cadres for different parts of the State;
(b) require the State Government to establish an Administrative Tribunal to deal with such matters as may be specified in the law relating to appointments to any post under the State Government or to any office under any local or other authority within the State, and for the purposes connected therewith.
[(2) The President may, by order made with respect to the State of Maharashtra or Gujarat, provide for any special responsibility of the Governor for—]
[(a) the establishment of separate development boards for Vidarbha, Marathwada, and the rest of Maharashtra or, as the case may be, Saurashtra, Kutch and the rest of Gujarat with the constitution of a board for each of these areas consisting of persons who are, in the opinion of the Governor, representatives of the area;]
[(b) the equitable allocation of funds for developmental expenditure over the said areas, subject to such requirements as may be specified in the order;]
[(c) an equitable arrangement providing adequate facilities for technical education and vocational train ing in relation to the said areas, subject to such requirements as may be specified in the order;]
[(d) an equitable opportunity for persons belonging to the said areas to get employment under the State Government, subject to such requirements as may be specified in the order.]
[(3) The President may, by order made with respect to the State of Nagaland, provide for any special responsibility of the Governor for—]
[(a) the maintenance of law and order within the State;]
[(b) the safe custody of the money paid out of the Consolidated Fund of India to the Government of Nagaland for the purpose of meeting the requirements of the State; and]
[(c) any other matter relating to the welfare of the people of the State.]
[(4) The President may, by order made with respect to the State of Manipur, provide for any special responsibility of the Governor for—]
[(a) the administration of the Hill Areas of the State; and]
[(b) the safe custody of the money paid out of the Consolidated Fund of India to the Government of Manipur for the purpose of meeting the requirements of the Hill Areas of the State.]
[(5) The President may, by order made with respect to the State of Andhra Pradesh, provide for any special responsibility of the Governor for—]
[(a) the administration of the Hill Areas of the State; and]
[(b) the safe custody of the money paid out of the Consolidated Fund of India to the Government of Andhra Pradesh for the purpose of meeting the requirements of the Hill Areas of the State.]
[(6) The President may, by order made with respect to the State of Sikkim, provide for any special responsibility of the Governor for—]
[(a) the protection of the rights and interests of the various sections of the population of Sikkim;]
[(b) the safe custody of the money paid out of the Consolidated Fund of India to the Government of Sikkim for the purpose of meeting the requirements of the State; and]
[(c) any other matter relating to the welfare of the people of the State.]
[(7) The President may, by order made with respect to the State of Mizoram, provide for any special responsibility of the Governor for—]
[(a) the maintenance of law and order within the State;]
[(b) the safe custody of the money paid out of the Consolidated Fund of India to the Government of Mizoram for the purpose of meeting the requirements of the State; and]
[(c) any other matter relating to the welfare of the people of the State.]
[(8) The President may, by order made with respect to the State of Arunachal Pradesh, provide for any special responsibility of the Governor for—]
[(a) the maintenance of law and order within the State;]
[(b) the safe custody of the money paid out of the Consolidated Fund of India to the Government of Arunachal Pradesh for the purpose of meeting the requirements of the State; and]
[(c) any other matter relating to the welfare of the people of the State.]
[(9) The President may, by order made with respect to the State of Karnataka, provide for any special responsibility of the Governor for—]
[(a) the establishment of a development board for the Hyderabad-Karnataka area with the constitution of a board for that area consisting of persons who are, in the opinion of the Governor, representatives of the area;]
[(b) the equitable allocation of funds for developmental expenditure over that area, subject to such requirements as may be specified in the order;]
[(c) an equitable arrangement providing adequate facilities for technical education and vocational training in relation to that area, subject to such requirements as may be specified in the order;]
[(d) an equitable opportunity for persons belonging to that area to get employment under the State Government, subject to such requirements as may be specified in the order.]
Detailed Explanation
Article 371 is the foundational article that empowers the Parliament to enact special provisions for certain states. These provisions are designed to address specific regional needs and challenges. It provides a framework for ensuring equitable opportunities and facilities to people belonging to different parts of these states, particularly in matters of employment and education.
The article outlines the following key aspects:
- Parliamentary Authority: It grants Parliament the power to legislate special provisions for specific states.
- Equitable Opportunities: The aim is to ensure equitable opportunities and facilities for people from different parts of the state.
- Employment and Education: Focus is on employment and education sectors.
- Local Cadres: It allows for the organization of state government posts into different local cadres.
- Administrative Tribunals: It enables the establishment of Administrative Tribunals to address appointment-related matters.
- Governor’s Special Responsibility: Empowers the President to confer special responsibilities to the Governor of a State for certain matters, such as establishing development boards, equitable fund allocation, technical education and vocational training, and employment opportunities for specific regions.
Article 371 serves as an enabling provision, which is further detailed and implemented through subsequent articles like 371A, 371B, and so on, each catering to the unique requirements of specific states.
Detailed Notes
- Empowering Provision: Article 371 grants Parliament the authority to enact laws providing special provisions for certain states.
- Andhra Pradesh & Telangana (originally Andhra Pradesh):
- Parliament may enact laws to ensure equitable opportunities in employment and education.
- Allows the creation of local cadres for different parts of the state.
- Enables the establishment of Administrative Tribunals for appointment-related matters.
- Maharashtra & Gujarat:
- President may assign special responsibility to the Governor.
- Establishment of separate development boards for specific regions (Vidarbha, Marathwada, Saurashtra, Kutch).
- Equitable allocation of funds for developmental expenditure in these regions.
- Provision of adequate facilities for technical education and vocational training.
- Equitable employment opportunities for people from these regions.
- Nagaland:
- President may assign special responsibility to the Governor.
- Maintenance of law and order within the state.
- Safe custody of funds from the Consolidated Fund of India.
- General welfare of the people.
- Manipur:
- President may assign special responsibility to the Governor.
- Administration of the Hill Areas of the state.
- Safe custody of funds allocated for the Hill Areas.
- Sikkim:
- President may assign special responsibility to the Governor.
- Protection of the rights and interests of various sections of the population.
- Safe custody of funds from the Consolidated Fund of India.
- General welfare of the people.
- Mizoram & Arunachal Pradesh:
- President may assign special responsibility to the Governor.
- Maintenance of law and order within the state.
- Safe custody of funds from the Consolidated Fund of India.
- General welfare of the people.
- Karnataka:
- President may assign special responsibility to the Governor.
- Establishment of a development board for the Hyderabad-Karnataka area.
- Equitable allocation of funds for developmental expenditure in the Hyderabad-Karnataka area.
- Provision of adequate facilities for technical education and vocational training.
- Equitable employment opportunities for people from the Hyderabad-Karnataka area.
- Dynamic Provision: The specific provisions under Article 371 are not static and have been amended and expanded over time to address evolving needs.
Additional Comments
- The special provisions under Article 371 aim to address regional disparities and socio-economic backwardness.
- These provisions reflect the Constitution’s commitment to federalism and accommodating the diverse needs of different states.
- The Governor’s role is often emphasized in these provisions, highlighting the importance of executive oversight in implementing special provisions.
- Article 371 and its related articles are often debated in the context of regional autonomy, development, and the balance between central and state powers.
- These provisions have been instrumental in addressing specific challenges and promoting development in various states, but their effectiveness is often subject to scrutiny and evaluation.
Summary
Article 371 of the Indian Constitution empowers the Parliament to enact special provisions for certain states, addressing unique needs and circumstances. It facilitates equitable opportunities in employment and education, enables the creation of local cadres and administrative tribunals, and authorizes the President to assign special responsibilities to Governors, including the establishment of development boards and equitable fund allocation for specific regions. Specific clauses address the particular needs of states like Maharashtra, Gujarat, Nagaland, Manipur, Sikkim, Mizoram, Arunachal Pradesh, and Karnataka.