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PART XXI
Special Provisions
ARTICLE 371 – 371J
Introduction
Part XXI of the Constitution of India under Article 371 grants some special provisions to particular states in India. Article 371-371A to 371J special provisions are granted to the state of Maharashtra and Gujarat Article 371, Nagaland Article 371A, Assam 371B, Manipur Article 371C, Andhra Pradesh or Telangana Article 371D, Andhra Pradesh Article 371E, Sikkim Article 371F, Mizoram Article 371G, Arunachal Pradesh Article 371H, Goa Article 371I and Karnataka Article 371J.
The objective behind these Articles is to meet the aspirations of the people from the backward regions of these states or to protect the cultural and economic interests of the tribal people of these states or to deal with the disturbed law and order condition in some parts of these states or to protect the interests of the local people of these states.
PART XXI Special Provisions
Article 371 Special provisions with respect to the States of Maharashtra and Gujarat
(2) Notwithstanding anything in this Constitution, 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 provision that a report on the working of each of these boards will be placed each year before the State Legislative Assembly
(b) The equitable allocation of funds for developmental expenditure over the said areas, subject to the requirements of the State as a whole; and
(c) An equitable arrangement providing adequate facilities for technical education and vocational training, and adequate opportunities for employment in services under the control of the State Government, in respect of all the said areas, subject to the requirements of the State as a whole
Article 371A Special provisions with respect to the State of Nagaland
- Notwithstanding anything in this Constitution-
- No Act of Parliament in respect of-
(i) religious or social practices of the Nagas,
(ii) Naga customary law and procedure,
(iii) administration of civil and criminal justice involving decisions according to Naga Customary law,
(iv) ownership and transfer of land and its resources,
Shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides;
(b) the Governor of Nagaland shall have special responsibility with respect to law and order in the state of Nagaland for so long as in his opinion internal disturbances occurring in the Naga Hills – Tuensang Area immediately before the formation of that State continue therein or in any part thereof and in the discharge of his functions in relation thereto the Governor shall after consulting to the Council of Ministers, exercise his individual judgement as to the action to be taken:
Provided 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 judgement, the decision of the Governor in his direction 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 judgement:
Provided further 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 Nagaland, 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
(c) in making his recommendation with respect to any demand for a grant, the Governor of Nagaland shall ensure that any money provided by the Government of India out of the Consolidated Fund of India for any specific service or purpose is included in the demand for a grant relating to that service or purpose and not in any other demand
(d) as from such date as the Governor of Nagaland may by public notification in this behalf specify there shall be established a regional council for the Tuensang district consisting of thirty-five members and the Governor shall in his discretion make rules providing for-
(i) the composition of the regional council and the manner in which the members of the regional council shall be chosen:
Provided that the Deputy Commissioner of the Tuensang district shall be the chairman ex officio of the regional council and the Vice-Chairman of the regional council shall be elected by the members thereof from amongst themselves
(ii) the qualifications for being chosen as, and for being members of the regional council
(iii) the term of office of and the salaries and allowances, if any to be paid to members of the regional council
(iv) the procedure and conduct of business of the regional council
(v) the appointment of officers and staff of the regional council and their conditions of services; and
(vi) any other matter in respect of which it is necessary to make rules for the constitution and proper functioning of the regional council
(2) Notwithstanding anything in this Constitution, for a period of ten years from the date of the formation of the State of Nagaland or for such further period as the Governor may on the recommendation of the regional council, by public notification specify in this behalf
(a) the administration of the Tuensang district shall be carried on by the Governor
(b) where any money is provided by the Government of India to the Government of Nagaland to meet the requirements of the State of Nagaland as a whole, the Governor shall in his discretion arrange for an equitable allocation of that money between the Tuensang district and the rest of the State
(c) no Act of the Legislature of Nagaland shall apply to Tuensang district unless the Governor, on the recommendation of the regional council, by public notification so directs and the Governor in giving such direction with respect to any such Act may direct that the Act shall in its application to the Tuensang district or any part thereof have effect subject to such exceptions or notifications as the Governor may specify on the recommendation of the regional council:
Provided that any direction given under this sub-clause may be given so as to have retrospective effect
(d) the Governor may make regulations for the peace, progress and good government of the Tuensang district and any regulations so made may repeal or amend with retrospective effect, if necessary, any Act of Parliament or any other law which is for the time being applicable to that district
(e) (i) one of the members representing the Tuensang district in the Legislative Assembly of Nagaland shall be appointed Minister for Tuensang affairs by the Governor on the advice of the Chief Minister and the Chief Minister in tendering his advice shall act on the recommendation of the majority of the members as aforesaid ;
(ii) the Minister for Tuensang affairs shall deal with, and have direct access to the Governor on, all matters relating to the Tuensang district but he shall keep the Chief Minister informed about the same;
(f) notwithstanding anything in the foregoing provisions of this clause, the final decision on all matters relating to the Tuensang district shall be made by the Governor in his discretion
(g) in articles 54 and 55 and clause (4) of article 80, references to the elected members of the Legislative Assembly of a State or to each such member shall include references to the members or member of the Legislative Assembly of Nagaland elected by the regional council established under this article;
(h) in article 170-
- clause (1) shall, in relation to the Legislative Assembly of Nagaland, have effect as if for the word “sixty”, the word “forty-six” had been submitted
(ii) in the said clause, the references to direct election from territorial constituencies in the State shall include election by the members of the regional council established under this article;
(iii) in clauses (2) and (3), references to territorial constituencies shall mean references to territorial constituencies in the Kohima and Mokokchung districts
(3) if any difficulty arises in giving effect to any of the foregoing provisions of this article, the President may by order do anything (including any adaptation or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty:
Provided that no such order shall be made after the expiration of three years from the date of the formation of the State of Nagaland
Explanation- in this article, the Kohima, Mokokchung and Tuensang districts shall have the same meanings as in the State of Nagaland Act, 1962
Article 371B Special provision with respect to the State of Assam
Notwithstanding anything in this Constitution, the president may by order made with respect to the State of Assam, 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 specified in (Part I) of the table appended to paragraph 20 of the sixth schedule and such number of other members of that Assembly as may be specified in the order and for the modifications to be made in the rules of procedure of that Assembly for the constitution and proper functioning of such committee
Article 371C Special provisions with respect to the State of Manipur
(1) Notwithstanding anything in this Constitution, the President may by order made with respect to the State of Manipur, 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 the State for the modifications to be made in the rules of business of the Government and in the rules of procedure of the Legislative Assembly of the State and for any special responsibility of the Governor in order to secure the proper functioning of such committee
(2) The Governor shall annually or whenever so required by the president, make a report to the President regarding the administration of the Hill Areas in the State of Manipur and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas
Explanation – In this article, the expression “Hill Areas” means such areas as the President may, by order, declare to be Hill areas
Article 371D Special provisions with respect to the State of Andhra Pradesh or the State of Telangana
(1) The President may by order made with respect to the State of Andhra Pradesh or the State of Telangana, provide, having regard to the requirement of each State, for equitable opportunities and facilities for the people belonging to different parts of such State, in the matter of public employment and in the matter of education, and different provisions may be made for various parts of the States
(2) An order made under clause (1) may, in particular-
(a) require the State Government to organise any class or classes of posts in a civil service of, or any class or classes of civil posts under, the State into different local cadres for different parts of the State and allot in accordance with such principles and procedure as may be specified in the order the persons holding such posts to the local cadres so organised;
(b) specify any part or parts of the State which shall be regarded as the local area-
(i) for direct recruitment to posts in any local cadre (whether organised in pursuance of an order under this article or constituted otherwise) under the State Government
(ii) for direct recruitment to posts in any cadre under any local authority within the State and
(iii) for the purposes of admission to any university within the State or to any other educational institution which is subject to the control of the State Government
(c) specify the extent to which, the manner in which and the conditions subject to which, preference or reservation shall be given or made-
(i) in the matter of direct recruitment to posts in any such cadre referred to in sub-clause (b) as may be specified in this behalf in the order;
(ii) in the matter of admission to any such university or other educational institution referred to in sub-clause (b) as may be specified in this behalf in the order,
to or in favour of candidates who have resided or studied for any period specified in the order in the local area in respect of such cadre, university or other educational institution as the case may be
(3) The president may, by order, provide for the constitution of an Administrative Tribunal for (the State of Andhra Pradesh and for the State of Telangana) to exercise such jurisdiction, powers and authority (including any jurisdiction, power and authority which immediately before the commencement of the Constitution (Thirty-second Amendment) Act, 1973, was exercisable by any court (other than the Supreme Court) or by any tribunal or other authority, as may be specified in the order with respect to the following matters, namely-
(a) appointment, allotment or promotion to such class or classes of posts in any civil service of the State or to such class or classes of civil posts under the State or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order
(b) seniority of persons appointed, allotted or promoted to such class or classes of posts in any civil service of the State or to such class or classes of civil posts under the State or to such class or classes of posts under the control of any local authority within the State as may be specified in the order
(c) such other conditions of service of persons appointed, allotted or promoted to such class or classes of posts in any civil service of the State or to such class or classes of civil posts under the State or to such class or classes of posts under the control of any local authority within the State, as may be specified in the order
(4) An order made under clause (3) may-
(a) authorise the Administration Tribunal to receive representations for the redress of grievances relating to any matter within its jurisdiction as the president may specify in the order and to make such orders thereon as the Administrative Tribunal deems fit;
(b) contain such provisions with respect to the powers and authorities and procedure of the Administrative Tribunal (including provisions with respect to the powers of the Administrative Tribunal to punish for contempt of itself) as the President may deem necessary
(c) provide for the transfer to the Administrative Tribunal of such classes of proceedings, being proceedings relating to matters within its jurisdiction and pending before any court (other than the Supreme Court) or tribunal or other authority immediately before the commencement of such order, as may be specified in the order
(d) constrain such supplemental, incidental and consequential provisions (including provisions as to fees and as to limitation, evidence or for the application of any law for the time being in force subject to any exceptions or modifications) as the President may deem necessary
(5) The order of the Administrative Tribunal finally disposing of any case shall become effective upon its confirmation by the State Government or on the expiry of three months from the date on which the order is made, whichever is earlier:
Provided that the State Government may, by special order made in writing and for reasons to be specified therein, modify or annul any order of the Administrative Tribunal before it becomes effective and in such a case the order of the Administrative Tribunal shall have effect only in such modified form or be of no effect as the case may be
(6) Every special order made by the State Government under the proviso to clause (5) shall be laid, as soon as may be after it is made before both Houses of the State Legislature
(7) The High Court for the State shall not have any powers of superintendence over the Administrative Tribunal and no court (other than the Supreme Court) or tribunal shall exercise any jurisdiction, power or authority in respect of any matter subject to the jurisdiction, power or authority of, or in relation to the Administrative Tribunal
(8) If the president is satisfied that the continued existence of the Administrative Tribunal is not necessary, the President may by order abolish the Administrative Tribunal and make such provisions in such order as he may deem fit for the transfer and disposal of cases pending before the Tribunal immediately before such abolition
(9) Notwithstanding any judgement, decree or order of any court, tribunal or other authority-
(a) no appointment, posting, promotion or transfer of any person-
(i) made before the 1st day of November, 1956 to any post under the Government of or any local authority within, the State of Hyderabad as it existed before that date or
(ii) made before the commencement of the Constitution (Thirty-second Amendment) Act, 1973 to any post under the Government of or any local or other authority within the Stats of Andhra Pradesh and
(b) no action taken or thing done by or before any person referred to in sub-clause (a)
Shall be deemed to be illegal or void or ever to have become illegal or void merely on the ground that the appointment, posting, promotions or transfer of such person was not made in accordance with any law, then in force, providing for any requirement as to residence within the State of Hyderabad or as the case may be, within any part of the State of Andhra Pradesh, in respect of such appointment, posting, promotion or transfer
(10) The provisions of this article and of any order made by the President thereunder shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force
Article 371E Establishment of Central University in Andhra Pradesh
Parliament may by law provide for the establishment of a university in the State of Andhra Pradesh
Article 371F Special provisions with respect to the State of Sikkim
Notwithstanding anything in this Constitution-
(a) the Legislative Assembly of the State of Sikkim shall consist of not less than thirty members
(b) as from the date of commencement of the Constitution (Thirty-sixth Amendment) Act, 1975 (hereafter in this article referred to as the appointed day)-
(i) the Assembly for Sikkim formed as a result of the elections held in Sikkim in April, 1974 with thirty-two members elected in the said elections (hereinafter referred to as the sitting members) shall be deemed to be the Legislative Assembly of the State of Sikkim duly constituted under this Constitution;
(ii) the sitting members shall be deemed to be the members of the Legislative Assembly of the State of Sikkim duly elected under this Constitution; and
(iii) the said Legislative Assembly of the State of Sikkim shall exercise the powers and perform the functions of the Legislative Assembly of a State under this Constitution;
(c) in the case of the Assembly deemed to be the Legislative Assembly of the State of Sikkim under clause (b), the references to the period of (five years), in clause (1) of article 172 shall be construed as references to a period of (four years) and the said period of (four years) shall be deemed to commence from the appointed day
(d) until other provisions are made by Parliament by law, there shall be allotted to the State of Sikkim one seat in the House of the People and the State of Sikkim shall from one parliamentary constituency to be called the parliamentary constituency for Sikkim
(e) the representative of the State of Sikkim in the House of the People in existence on the appointed day shall be elected by the members of the Legislative Assembly of the State of Sikkim
(f) Parliament may, for the purpose of protecting the rights and interests of the different sections of the population of Sikkim make provision for the number of seats in the Legislative Assembly of the State of Sikkim which may be filled by candidates belonging to such sections and for the delimitation of the assembly constituencies from which candidates belonging to such sections alone may stand for election to the Legislative Assembly of the State of Sikkim
(g) the Governor of Sikkim shall have special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population of Sikkim and in the discharge of his special responsibility under this clause, the Governor of Sikkim shall, subject to such directions as the President may from time to time, deem fit to issue, act in his discretion;
(h) all property and assets (whether within or outside the territories comprised in the State of Sikkim) which immediately before the appointed day were vested in the Government of Sikkim or in any other authority or in any person for the purposes of the Government of Sikkim shall, as from the appointed day, vest in the Government of the State of Sikkim
(i) the High Court functioning as such immediately before the appointed day in the territories comprised in the State of Sikkim shall, on and from the appointed day, be deemed to be the High Court for the State of Sikkim;
(j) all courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of the State of Sikkim shall continue on and from the appointed day to exercise their respective functions subject to the provisions of the Constitution
(k) all laws in force immediately before the appointed day in the territories comprised in the State of Sikkim or any part thereof shall continue to be in force therein until amended or repealed by a competent Legislature or other competent authority
(l) for the purpose of facilitating the application of any such law as is referred to in clause (k) in relation to the administration of the State of Sikkim and for the purpose of bringing the provisions of any such law into accord with the provisions of this Constitution, the President may, within two years from the appointed day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment as may be necessary or expedient and thereupon every such law shall have effect subject to the adaptations and modifications so made and any such adaptation or modification shall not be questioned in any court of law
(m) neither the Supreme Court nor any other court shall have jurisdiction in respect of any dispute or other matter arising out of any treaty, agreement, engagement or other similar instrument relating to Sikkim which was entered into or executed before the appointed day and to which the Government of India or any of its predecessor Governments was a party but nothing in this clause shall be construed to derogate from the provisions of article 143
(n) the President may, by public notification, extend with such restrictions or modifications as he thinks fit to the State of Sikkim any enactment which is in force in a State in India at the date of the notification;
(o) if any difficultly arises in giving effect to any of the foregoing provisions of this article, the President may, by order do anything (including any adaptation or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty:
Provided that no such order shall be made after the expiry of two years from the appointed day
(p) all things done and all actions taken in or in relation to the State of Sikkim or the territories comprised therein during the period commencing on the appointed day and ending immediately before the date on which the Constitution (thirty-sixth Amendment) Act, 1975, receives the assent of the President shall in so far as they are in conformity with the provisions of this Constitution as amended by the Constitution (thirty-sixth Amendment) Act, 1975, be deemed for all purposes to have been validly done or taken under this Constitution as so amended
Article 371G Special provision with respect to the State of Mizoram
Notwithstanding anything in this Constitution-
(a) no Act of Parliament in respect of-
(i) religious or social practices of the Mizos,
(ii) Mizo customary law and procedure,
(iii) administration of civil and criminal justice involving decisions according to Mizo customary law,
(iv) ownership and transfer of land,
Shall apply to the State of Mizoram unless the Legislative Assembly of the State of Mizoram by a resolution so decides:
Provided that nothing in this clause shall apply to any Central Act in force in the Union territory of Mizoram immediately before the commencement of the Constitution (fifty-third Amendment) Act, 1986
(b) the Legislative Assembly of the State of Mizoram shall consist of not less than forty members
Article 371H Special provision with respect to the State of Arunachal Pradesh
Notwithstanding anything in this Constitution-
(a) the Governor of Arunachal Pradesh shall have special responsibility with respect to law and order in the State of Arunachal Pradesh and in the discharge of his functions in relation thereto, the Governor shall, after consulting the Council of Ministers, exercise his individual judgement as to the action to be taken:
Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this clause required to act in the exercise of his individual judgement, 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 judgement:
Provided further 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
Article 371-I Special provisions with respect to the State of Goa
Notwithstandinganything in this Constitution, the Legislative Assembly of the State of Goa shall consist of not less than thirty members
Article 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 responsibility of the Governor for-
(a) establishment of a separate development board for Hyderabad – Karnataka region with the provision that a report on the working of the board will be placed each year before the State Legislative Assembly
(b) equitable allocation of funds for developmental expenditure over the said region, subject to the requirements of the State as a whole and
(c) equitable opportunities and facilities for the people belonging to the said region, in matters of public employment, education and vocational training, subject to the requirements of the State as a whole
(2) An order made under sub-clause (c) of clause (1) may provide for-
(a) reservation of a proportion of sets educational and vocational training institutions in the Hyderabad – Karnataka region for students who belong to that region by birth or by domicile; and
(b) identification of posts or classes of posts under the State Government and in any body or organisation under the control of the State Government in the Hyderabad- Karnataka region and reservation of a proportion of such posts for persons who belong to that region by birth or by domicile and for appointment thereto by direct recruitment or by promotion or in any other manner as may be specified in the order
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