Article 371 of Indian Constitution – Special Provisions for States

The Indian Constitution grants some special powers and provisions to specific states. This aids them to work more effectively and efficiently. These provisions have been granted under different amendments made by the Indian Government.

Let us learn more about Article 371 of the Indian Constitution that provides these powers.

An Idea about 5th and 6th Schedule

These Schedules were discussed and passed by the Constituent Assembly between September 5-7 in 1949. These schedules provide for alternate or special governance mechanisms for certain scheduled areas in the mainland and certain ‘tribal areas’ in northeastern India.

Under Article 244 (1) of the Constitution, an area of India can be declared as a scheduled area by the President.

Scheduled five of the Indian Constitution deals with the administration and control of Scheduled Areas as well as of Scheduled Tribes that are residing in any State other than that of Assam, Meghalaya, Tripura, and Mizoram.

However, Schedule Six of the Indian Constitution makes separate arrangements for the tribal areas of Assam, Meghalaya, Mizoram, and Tripura.

It further empowers Parliament to establish an autonomous State. This state comprises certain tribal areas of Assam and for local Legislature or Council of Ministers or both.

Difference Between 5th and 6th Schedule Areas

• The 5th schedule includes schedule areas, whereas the 6th schedule includes tribal areas.
• The 6th schedule talks about the district and regional courts with certain legislative powers while the 5th schedule talks about the creation of a tribal advisory council.
• The areas that come under the 5th schedule include Scheduled Areas and Scheduled Tribes. These Tribes are residing in any State other than the States of Assam, Tripura, Meghalaya, and Mizoram. The sixth schedule includes tribal areas in the states of Tripura, Assam, Meghalaya, and Mizoram.

Special Provisions for States under Article 371

Articles 370 and 371 of the Indian Constitution grants some provisions to some of the states of the country. Under the amendment made by the Indian Government, Articles 371(A-J) were added to the list that talks about the provisions provided to some states. States that have special powers are –

1. Maharashtra and Gujarat – Article 371

Under this article, the governor of the state has been granted a special power to establish Separate Development Boards in the mentioned districts of Maharashtra and Gujarat and to also ensure “equitable allocation of funds for developmental expenditure over the said areas”.

Further, it also has to ensure facilities for technical education and employment opportunities for the youth.

2. Nagaland – Article 371A

Under this Article, no act of Parliament shall be applied to the state of Nagaland in a matter that is relating to the religious or social practices of Nagas, customary law, and procedure of the Nagas, the administration of civil or criminal justice that involve the decisions according to Naga customary law and ownership and transfer of land and its resources.

3. Assam – Article 371B

Under this article, The President of the country has the power to provide for the constitution and functions of a committee of the State Assembly which consists of the members who are elected from the tribal areas of Assam.

4. Manipur – Article 371C

Under this article, the provisions for the state of Manipur are similar to that of Assam. But the members shall be elected from the hill areas of Manipur.

5. Andhra Pradesh – Article D-E

Article D of the Constitution of India provides equitable opportunities and facilities for the people of the state and shall safeguard their rights in the matters of employment and education.

The state government can also organize civil posts or direct recruitment to posts in the local cadre if required. Article E of the Indian Constitution states that the parliament, following the procedure can establish a university in the state.

6. Sikkim – Article 371F

Firstly under this article, The Governor of the state has been granted a “special responsibility for peace and an equitable arrangement for ensuring social and economic advancement to different sections of the population”.

Also, the seats in the Legislative Assembly are provided to people of different sections of the population in the state of Sikkim. This is to protect the rights and interests of the different sections.

7. Mizoram – Article 371G

This provision states that the Parliament does not hold the authority to make laws on “religious or social practices of the Mizos, customary law, and procedure of Mizos, administration of civil and criminal justice that involves decisions according to Mizo customary law, ownership and transfer of land unless the Legislative Assembly by a resolution so decides”.

8. Arunachal Pradesh – Article 371H

Under this Article, the Governor is granted with the supreme power to make decisions regarding the state.

For example, whenever a question arises concerning if a particular matter is the one in which the Governor is “required to act in the exercise of his individual judgment then the decision of the Governor shall be final and should not be called in question.

9. Goa – Article 371I

Under this Article, the legislative Assembly of Goa shall have a minimum of 30 members.

10. Hyderabad – Article – 371J

This article grants a special provision to six backward districts of the Hyderabad-Karnataka Region. Similar to the provision of Maharashtra- Gujarat, this provision, too requires that a separate development board be established for these regions.

This also ensures local reservations in education and government jobs.

Recent Problems

Last year, on August 5, the Government of India scrapped Article 370. This act guaranteed special status and powers to the Jammu and Kashmir state.

The President of the country issued an order under the power of Article 370, overriding the prevailing 1954 Presidential Order and nullifying all the provisions of the autonomy that was granted to the state.

Further, the Home Minister introduced a Reorganisation Bill in the Indian Parliament, seeking to divide the state into two union territories that were to be governed by a lieutenant governor and a unicameral legislature.

As a result, This incident led to an outroar from the people of the state. According to them, they have been deceived by the Indian Government. This lead to the cut in internet services in state to prevent any activity or protests against the government’s decision.

Conclusion

Finally, we have seen several powers and provisions have been granted to various states by the Indian Constitution.

But it shall not be forgotten that the same constitution has also granted powers to the parliament and the government to scrap the existing laws with the advice of the members of the parliament or amend them as and when needed, for the greater good of the country.