Article 371J was inserted into the Constitution of India by the 98th Constitutional Amendment Act, 2012, specifically addressing the developmental disparities in six backward districts of the Hyderabad-Karnataka region within the state of Karnataka. These districts include Gulbarga, Bidar, Raichur, Koppal, Yadgir, and Bellary (now part of Kalyana Karnataka region).
The primary objective of Article 371J is to empower the Governor of Karnataka to take concrete steps to ensure equitable development and opportunities for the people of this historically neglected region, aiming to bring it on par with other parts of the state through administrative and financial measures, as well as reservations.
Original Text
371J. Special provisions with respect to the State of Karnataka
(1) The President may, by order made with respect to the State of Karnataka, provide for any special provision for the region of Hyderabad-Karnataka for the purpose of addressing the developmental disparities in that region.
(2) An order made under sub-clause (1) may, in particular, provide for—
(a) the establishment of a Development Board for that region with the provision that a report on the working of the Board shall be placed each year before the State Legislative Assembly;
(b) the equitable allocation of the total facilities for technical and vocational education and governmental employment in the State among the different parts of the State, giving equitable opportunities and facilities for the people of that region, in consideration of their backwardness and the need for all round development of the region;
(c) a reservation of seats in educational and vocational training institutions in the region for students who belong to the region and the residential requirement for such admission;
(d) reservation in appointments to posts under the State Government in any class or classes of posts in the region for persons who belong to the region.
Detailed Explanation
Article 371J grants special provisions to the State of Karnataka concerning its Hyderabad-Karnataka region (renamed Kalyana Karnataka in 2019). This article was added to address historical neglect and developmental imbalances in the districts forming this region.
-
Presidential Order (Clause 1): The article empowers the President of India to issue an order for the State of Karnataka, specifically for the Hyderabad-Karnataka region, to address developmental disparities. This highlights the central government’s role in ensuring equitable development across different parts of a state. The scope of this order is broad, allowing for “any special provision” deemed necessary.
-
Specific Provisions in the Presidential Order (Clause 2): Clause (2) outlines the particular provisions that such a Presidential Order may include. These are not exhaustive but indicate the intended areas of intervention:
- (a) Establishment of a Development Board: The order may mandate the creation of a statutory Development Board for the Hyderabad-Karnataka region. This board would be tasked with identifying developmental needs, planning projects, and overseeing their implementation. The requirement that an annual report of the Board’s work be placed before the State Legislative Assembly ensures accountability and legislative oversight.
- (b) Equitable Allocation of Resources: This provision aims to ensure fairness in the distribution of state resources related to technical and vocational education facilities and government employment opportunities across the entire state, with special emphasis on providing equitable opportunities and facilities for the people of the Hyderabad-Karnataka region. This allocation should take into account the region’s backwardness and the need for comprehensive development. It is about ensuring that the region gets a fair share of state-level resources.
- (c) Reservation in Educational and Vocational Institutions: The order may provide for reservations of seats specifically in educational and vocational training institutions within the Hyderabad-Karnataka region for students belonging to that region. It also allows for the imposition of a residential requirement for admission to these institutions, ensuring that the benefits reach the local populace.
- (d) Reservation in State Government Jobs: Similar to educational reservations, the order can mandate reservations in appointments to posts under the State Government, but specifically for positions located within the Hyderabad-Karnataka region, for persons belonging to that region. This aims to improve local employment opportunities and ensure local representation in the administration of the region.
These provisions collectively aim to accelerate the development process in the region, enhance educational and employment opportunities for its residents, and reduce regional disparities through constitutional backing and administrative mechanisms.
Detailed Notes
- Inserted by the 98th Constitutional Amendment Act, 2012.
- Applies to the Hyderabad-Karnataka region (now Kalyana Karnataka) of Karnataka state.
- Covers six districts: Gulbarga, Bidar, Raichur, Koppal, Yadgir, and Bellary.
- Empowers the President to issue an order for special provisions for this region.
- Objective: Address developmental disparities and historical neglect in the region.
- Presidential Order may include provisions for:
- Establishing a Development Board for the region.
- Annual report of the Development Board to be placed before the State Legislative Assembly.
- Ensuring equitable allocation of state-level facilities for technical/vocational education and government employment across the state, with equitable opportunities for the region.
- Reservation of seats in educational/vocational institutions in the region for persons belonging to the region.
- Imposing residential requirement for admission to such institutions.
- Reservation in appointments to state government posts in the region for persons belonging to the region.
- Aims to promote comprehensive development and provide educational/employment opportunities to the local population.
Additional Comments
- The special provisions under Article 371J are implemented through the Karnataka Public Employment (Reservation in Appointment for Hyderabad-Karnataka Region) Rules, 2013, and other relevant rules/orders.
- The region previously known as Hyderabad-Karnataka was officially renamed ‘Kalyana Karnataka’ in September 2019 by the State Government, although the constitutional article still refers to it by its original name.
- The provisions under Article 371J are mandatory directions to the state government based on the Presidential Order issued under this article.
- It is similar in spirit to other special provisions under Article 371, but specifically tailored to address regional imbalance within a state.
Summary
Article 371J grants special provisions for Karnataka’s Hyderabad-Karnataka region, added by the 98th Amendment. It empowers the President to issue orders addressing developmental disparities in the region. These orders can mandate the establishment of a Development Board, ensure equitable allocation of state resources for education and employment, provide reservations for residents in educational institutions and state government jobs located within the region, and allow for residential requirements for admissions. The goal is to accelerate development and provide opportunities to the local population in the historically backward districts.