Class 11 Polity Notes: Special Provisions to some States

India is a very diverse country comprising people from different communities and tribes. This diversity is a boon if strengthened through constitutional recognition and this is what the lawmakers aim to do with constitutional amendments. Diversity also means that not everyone has equal opportunities and resources to move forward and keeping this in mind, India has established special provisions for 12 states, to provide for the aspirations of people in backward regions and protect the cultural and economic interests of these states.

This article discusses the Special Provisions given to these states in Articles 371 to 371-J in Part XXI of the Indian constitution, and other aspects related to this topic. Please go through this article for more details.

Class 11 Polity Notes: Special Provisions to some States

Special Provisions to Some States

• Part XXI of the Indian Constitution contains Articles 371 to 371(J), which advocate for the allotment of temporary, special provisions for 12 states, which include Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka.
• These special provisions refer to the grant of specific amenities by the Central Government to selected states. The provisions focus on helping them develop at par with others.
• The Constitution did not originally contain these special provisions. They were incorporated by the various amendments made in the background of reorganization of the states or the grant of statehood on the Union Territories.
• The aim of these special provisions are to recognize and cater to the aspirations of people in the states’ backward regions, protect the cultural and economic interests of tribal populations, and address law and order issues in these areas.

Special Provisions to some States in the Indian Constitution (Articles 371-371J)

Issuing of special provisions to some states is based on the Gadgil formula, which uses parameters like per capita income, population, tax and ongoing projects in the state. Based on this, it is decided whether a state is eligible for special category status (SCS) or not.

Article	Subject Matter
371	Special provision with respect to the states of Maharashtra and Gujarat
371A	Special provision with respect to the state of Nagaland
371B	Special provision with respect to the state of Assam
371C	Special provision with respect to the state of Manipur
371D	Special provisions with respect to the state of Andhra Pradesh or the state of Telangana
371E	Establishment of Central University in Andhra Pradesh
371F	Special provisions with respect to the state of Sikkim
371G	Special provision with respect to the state of Mizoram
371H	Special provision with respect to the state of Arunachal Pradesh
371I	Special provision with respect to the state of Goa
371J	Special provisions with respect to the state of Karnataka

Asymmetrical federalism in India

What is Asymmetrical Federalism?

• It refers to federalism based on unequal power distribution and relationships in political, administrative and financial arrangements between the units/ regions that make a federation.
• The asymmetry can be seen in a federation in both vertical (between Center and states) and horizontal (among the states) perspectives.

Instances of Asymmetrical federalism in India

• India has a strong Union. During Emergency situations, the Union has the authority to override over the States to tackle adverse situations. The power to initiate a constitutional amendment also lies with the Union.
• Introduction of special provisions for States or regions of States that are socio-economically backward, have security challenges, difficult geographical conditions, predominance of tribal populations with distinct identity and cultures, etc.
• Allocation of Parliamentary seats to the States is on the basis of population aka it is not uniform.
• The Sixth Schedule provides special provisions for and autonomy to tribal areas in 4 northeastern States.
• Special Category Status (SCS) have been given to 12 States in order to financially assist the States that are at a relative disadvantage to others due to various factors.

Why is Asymmetrical Federalism seen in India?

1. Political Reasons: The States having a dominant population of historically backward/ indigenous communities, have been given special provisions to avoid any separatist tendencies they may develop and to preserve the unity and integrity of the nation. This has led to greater autonomy for states included in sixth schedule, special powers to J&K under article 370, union territories in India, greater powers to Centre vis-à-vis state to ensure uniformity and unity etc.
2. Social Reasons: Social development has not been uniform across the country; The Southern region is more developed in terms of high literacy rate, better healthcare etc., therefore special provisions, like protection to certain tribal areas in the country, were granted in favor of the States lagging behind.
3. Economic Reasons: Economic growth has been geographically uneven in India which has also led to asymmetrical federalism; For e.g.- Special category provisions given to some states with higher share of Central government in Centrally Sponsored Schemes.

Purpose of Providing Special Provisions for Some States

• To support the development of certain states that are comparatively underdeveloped. The underdevelopment of these states are mainly related to social, geographical, economic and political factors.
• To provide for additional facilities in states lacking infrastructure.
• To protect cultural heritage and customs of tribal communities in these states.
• To give financial aid and grants to these states for industrial and economic development.
• To control and check unlawful activities in these states.

Eligibility Criteria for states to Obtain Special Provisions

The National Development Council (NDC) ,an administrative body of the Central Government, decides on granting special provisions for some states. The parameters to consider if a state is eligible for special provisions are given below:

• Economic and Social backwardness.
• Geographical limitations of states like, inaccessible terrains, hilly areas, which may hinder basic growth.
• States having important strategic locations, mainly along international borders.
• Financial and infrastructural limitations.
• Low population density.
• Existence of a large percentage of tribal communities.
• Unfeasible quantities of state finances.

Overview of these special provisions for some states in India

Discussed below in detail are special provisions given to specific states:

Provisions for Maharashtra and Gujarat

Under Article 371, the President is authorized to provide that the Governor of Maharashtra and Gujarat have special responsibility for:

Establishment of separate development boards for Vidarbha, Marathwada and the rest of Maharashtra, Saurashtra, Kutch and the rest of Gujarat. Making a provision to ensure that a report on the functioning of these boards be placed every year before the State Legislative Assembly. Ensuring equitable allocation of funds for developmental expenditure for the above-mentioned areas. Ensuring an equal arrangement to provide adequate facilities for technical education and vocational training, and equitable employment opportunities in the state service for the above-mentioned areas.

Provisions for Nagaland

Under Article 371-A, the following special provisions have been made for Nagaland:

The Acts of Parliament regarding the following matters would not apply to Nagaland unless the State Legislature Assembly decides to do so: Religious or social practices of the Nagas Naga customary law and procedure Administration of civil and criminal justice involving decisions according to Naga customary law; and Ownership and transfer of land and its resources.
The Governor of Nagaland shall have special responsibility for law and order maintenance in the state so long as internal disturbance caused by the hostile Nagas continue. In fulfilling this responsibility, the Governor, after consulting the Council of Ministers exercises individual judgement and the decisions are final. This special responsibility of the Governor shall cease when the President directs.
The Governor has to ensure that the money given by the Central Government for any specific purpose is included in the demand for a grant relating to that purpose only and not in any other demand moved in the State Legislature Assembly.
TUENSANG DISTRICT’ S DISTINCTIVE ADMINISTRATIVE FRAMEWORK
For the Tuensang district of the state, a regional council consisting of 35 members should be established. The Governor is in-charge of the rules for the composition of the council, manner of choosing its members, their qualifications, term, salaries and allowances, the procedure and conduct of the businesses of the council and their service conditions and any other matter relating to the constitutions and proper functioning of the council.
For a period of ten years from the formation of Nagaland or for a further period as the Governor may specify on the recommendation of the regional council, the following provisions would be implemented for the Tuensang district: The administration of the Tuensang district shall be overseen by the Governor. The Governor shall in his discretion ensure equitable distribution of money provided by the Center between Tuensang district and the rest of Nagaland. Any Act of the Nagaland Legislature shall not apply to Tuensang district unless the Governor directs it, at the recommendation of the regional council. The Governor can make Regulations for the peace, progress and good government of the Tuensang district. Any such Regulations may repeal or amend an Act of Parliament or any other law applicable to that district. A Minister for Tuensang affairs in the State Council of Minister shall be appointed. He is to be appointed from amongst the members representing Tuensang district in the Nagaland Legislative Assembly. The final decision on all matters relating to Tuensang district shall be made by the Governor in his discretion.

Provisions for Assam and Manipur

For Assam:

Under Article 371-B, the President is empowered to provide for the creation of a committee of the Assam Legislative Assembly consisting of the members elected from the Tribal Areas of the state and such other members as he may specify.

For Manipur:

Article 371-C makes the following special provisions are provided for Manipur:

The President is authorized to provide for the creation of a committee of the Manipur Legislative Assembly consisting of the members elected from the Hill Areas of the state. The President can also direct that the Governor shall have special responsibility to secure the proper functioning of that committee. The Governors must submit an annual report to the President regarding the administration of the Hill Areas. The Central Government can give directions to the State Government as to administration of the Hill Areas.

Provisions for Andhra Pradesh or Telangana:

Articles 371-D and 371-E are about the special provisions for Andhra Pradesh. In 2014, Article 371-D was extended to the State of Telangana by the Andhra Pradesh Reorganization Act of 2014. Under Article 371-D, the following provisions are mentioned:

The President is authorized to provide for equitable opportunities and facilities in the matter of ‘public employment and education’ for the people belonging to different parts of the state. The President may require the State Government to organize civil posts in local cadres for different parts of the state and ensure direct recruitment to posts in any local cadre, for the above mentioned reason. The President may provide for the establishment of an Administrative Tribunal in the state to deal with issues and grievances relating to appointment, allotment or promotion of civil posts in the state. The Tribunal is to function outside the purview of the State High Court. No court (other than the Supreme Court) can exercise any jurisdiction in respect of any matter subject to the jurisdiction of the tribunal. The President may abolish the tribunal when he is believes that its continued existence is not necessary. Article 371-E empowers the Parliament to provide for the establishment of a Central University in the state.

Provisions for Sikkim:

The 36th Constitutional Amendment Act of 1975, which made Sikkim a full-fledged state of the Indian Union, included a new Article 371-F, which contained special provisions with respect to the newly formed state. These are as follows:

The Sikkim Legislative Assembly should consist of no less than 30 members. One Seat is allotted to Sikkim in the Lok Sabha and Sikkim forms one Parliamentary constituency. To protect the rights and interests of the different sections of the Sikkim populations, the Parliament is authorized to provide for the number of seats in the Sikkim Legislative Assembly which may be filled by candidates belonging to such sections and delimitation of the assembly constituencies from which candidate belonging to such sections alone. The Governor shall have special responsibilities for peace and an equitable arrangement to ensure the social and economic advancement of the different sections of the Sikkim population. The President can extend to Sikkim any law which is in force in a state of the Indian Union.

Provisions for Mizoram

Article 371-G gives us the following special provisions for Mizoram:

1. The Acts of Parliament relating to the following matters would not apply to Mizoram unless the State Legislative Assembly decides to do so: Religious or social practices of the Mizos. Mizo customary law and procedure. Administration of civil and criminal justice, involving decisions according to Mizo customary law. Ownership and transfer of land and its resources. 2. The Mizoram Legislative Assembly is to consist of not less than 40 members.

Provisions for Arunachal Pradesh and Goa

For Arunachal Pradesh

Under Article 371-H the following provisions are made for Arunachal Pradesh:

The Governor of Arunachal Pradesh shall have special responsibility towards law and order in the state. In the fulfilling of this responsibility, the Governor, after consulting the Council of Ministers, exercises his individual judgement and his decisions are final. This special responsibility of the Governor shall cease when the President so directs. The Arunachal Pradesh Legislative Assembly is to consist of not less than 30 members.

For Goa

Article 371-I states that the Goa Legislative Assembly is to consist of not less than 30 members.

Provisions for Karnataka

According to Article 371-J, the Governor of Karnataka has special responsibility for:

The establishment of a separate development board for Hyderabad-Karnataka region. Making a provision that a report on the working of the board be placed every year before the State Legislative Assembly. The equitable allocation of funds for developmental expenditure over region. The reservation of seats in educational and vocational training institutions in the region for students who belong to the region. The reservation in state government posts in the region for persons who belong to the region.

Conclusion

We find that some states in India have been provided special provisions that assist them to develop on par with other states that have abundant resources available. The aim of these special provisions is to provide extra support to socio-economically backward states, states with majority tribal population that have historically been exploited, states that have a geographical disadvantage etc., so that all units that make the Indian Federation develop equally, and the unity of the nation is protected.

FAQ’s on Special Provisions to some states:

What is meant by the Gadgil formula?

Named after the Indian social scientist, Dhananjay Ramchandra Gadgil, the formula calculates the amount of central financial assistance needed by states based on certain parameters like population density, per capita income, ongoing projects and social issues.

Why does the Indian Constitution have special provisions for certain states?

The special provisions for certain states in the Indian Constitution are intended to accommodate the diverse socio-cultural and historical backgrounds of these regions.

Which are the states demanding special provisions, but have not been granted yet?

Recently, Odisha, Bihar and Rajasthan have requested for grant of special provisions.

Who has the power to grant special provisions for some states?

The National Development Council (NDC), consisting of the Prime Minister, Union ministers, chief ministers and members of the Planning Commission, can grant special provisions for some states.

Which Indian states were among the first to be granted special provisions?

Jammu & Kashmir (Abrogated in 2019), Assam and Nagaland were among the first Indian states to be granted special provisions.