Article 371H is a special provision incorporated into the Constitution of India, dealing specifically with the State of Arunachal Pradesh. It was inserted by the Constitution (Fifty-fifth Amendment) Act, 1986, which paved the way for the elevation of Arunachal Pradesh from a Union Territory to a full-fledged state on 20th February 1987.
This article addresses unique administrative and political considerations for Arunachal Pradesh, particularly focusing on the maintenance of law and order and the composition of its Legislative Assembly. It grants specific powers and responsibilities to the Governor of the state, reflecting the sensitive nature of its border location and socio-political landscape at the time of its statehood.
Original Text
371H. Special provisions with respect to the State of Arunachal Pradesh.
Notwithstanding anything in this Constitution, the Governor of Arunachal Pradesh shall, in respect of law and order in the State and in the discharge of his functions in relation thereto, have special responsibility and it shall be the duty of the Council of Ministers to advise the Governor in the discharge of his functions in relation to law and order:
Provided that the Governor shall, in the discharge of his functions in relation to law and order, exercise his individual judgment as to the action to be taken:
Provided further that if any question arises whether any matter is or is not a matter as respects which the Governor is under this sub-clause required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment:
Provided also that if the President on receipt of a report from the Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibility with respect to law and order in the State of Arunachal Pradesh, he may by order direct that the Governor shall cease to have such responsibility with effect from such date as may be specified in the order;
(b) the Legislative Assembly of the State of Arunachal Pradesh shall consist of not less than thirty members.
Detailed Explanation
Article 371H contains two main clauses, (a) and (b), dealing with distinct aspects of governance in Arunachal Pradesh.
Clause (a) addresses the critical issue of law and order within the state. It begins with a non-obstante clause (“Notwithstanding anything in this Constitution”), highlighting its overriding effect. It vests a special responsibility in the Governor of Arunachal Pradesh regarding law and order and the functions related to its discharge. While it states that the Council of Ministers must advise the Governor on this matter, the first proviso introduces a significant exception: the Governor is required to exercise individual judgment when taking action in relation to law and order. This means the Governor is not bound by the ‘aid and advice’ of the Council of Ministers in this specific area.
The second proviso clarifies that if there is any doubt whether a matter falls under the Governor’s special responsibility requiring individual judgment, the Governor’s decision in their discretion is final. This decision cannot be challenged in court on the ground that the Governor should or should not have acted using individual judgment. This grants considerable authority to the Governor in matters deemed crucial for state security and stability.
The third proviso offers a mechanism for removing this special responsibility. The President of India, based on a report from the Governor or through other means, can issue an order declaring that the Governor no longer needs this special responsibility with respect to law and order from a specified date. This provision acknowledges that the need for such special power might decrease over time as the state matures and stabilizes.
Clause (b) deals with the composition of the Legislative Assembly of Arunachal Pradesh. It mandates that the Legislative Assembly of the state must consist of not less than thirty members. This sets a minimum threshold for the size of the state legislature, ensuring a certain level of representation, particularly given the state’s population and geographical spread at the time of its formation.
Detailed Notes
- Introduction: Special provision for Arunachal Pradesh, inserted by the 55th Amendment Act, 1986. Elevated Arunachal Pradesh to statehood.
- Clause (a) - Governor’s Special Responsibility:
- Governor has special responsibility for law and order in the state.
- Council of Ministers must advise the Governor on law and order.
- However, the Governor must exercise individual judgment regarding action on law and order (overriding ministerial advice).
- Governor’s decision on whether a matter requires individual judgment is final and cannot be challenged in court.
- The President can, by order, remove the Governor’s special responsibility for law and order if satisfied it’s no longer necessary.
- Clause (b) - Legislative Assembly:
- The Legislative Assembly of Arunachal Pradesh must have not less than thirty members.
- Purpose: Addresses unique administrative needs and political sensitivities of Arunachal Pradesh, especially regarding law and order and representation, upon statehood.
- Nature: Article 371H is part of the Temporary, Transitional and Special Provisions (Part XXI), but the provisions for Arunachal Pradesh are of a continuing nature unless the President removes the special responsibility under clause (a).
Additional Comments
- Article 371H is similar to other special provisions under Article 371 and 371A to 371J, which grant unique powers or protections to specific states like Maharashtra, Gujarat, Nagaland, Assam, Manipur, Sikkim, Mizoram, Goa, and Karnataka. These articles reflect the diverse socio-political and historical contexts of these states.
- The provision granting the Governor the power to act in individual judgment regarding law and order is a significant departure from the normal constitutional position where the Governor acts solely on the aid and advice of the Council of Ministers. This power is similar in nature to the powers vested in the Governors of Nagaland (Article 371A) and Mizoram (Article 371G) concerning law and order, albeit with slight variations in wording and context.
- The minimum strength of the Legislative Assembly (30 members) is a special provision, as the Constitution generally stipulates a maximum of 500 and a minimum of 60 members for a state legislative assembly under Article 170, except for states like Sikkim (minimum 32), Goa (minimum 30), and Mizoram (minimum 40), which also have specific minimums defined under the Article 371 series or related constitutional amendments.
- The third proviso in clause (a) provides flexibility, allowing the special responsibility for law and order to be discontinued if conditions improve, subject to the President’s satisfaction. As of now, the special responsibility for law and order under Article 371H(a) has not been removed by a Presidential order. The Governor of Arunachal Pradesh continues to hold this special responsibility and can exercise individual judgment in matters related to law and order.
Summary
Article 371H contains special provisions for the State of Arunachal Pradesh. It vests a special responsibility in the Governor for law and order, allowing the Governor to exercise individual judgment despite the requirement for the Council of Ministers to advise. The Governor’s decision on whether to use individual judgment is final and cannot be challenged. The President can, however, remove this special responsibility. The article also stipulates that the Legislative Assembly of Arunachal Pradesh must consist of not less than thirty members.