Eleven other states of India that enjoys ‘special provisions’ apart from J&K

The special status enjoyed by Jammu and Kashmir so far has finally come to an end as Article 370 was revoked at the Rajya Sabha on Monday. Now, amidst all the uproars, displeasure and dissatisfactions over J&K losing its special benefits, some other states of India have come into notice which also enjoys special provisions.

The Part XXI of the Constitution which includes Article 370, is consist of several articles that deals with on Temporary, Transitional and Special Provision of some states. Other articles comprised in Part XXI of the Constitution are Articles 371, 371A, 371B, 371C, 371D, 371E, 371F, 371G, 371H, 371I, and 371J – and these articles are providing special provisions to the Indian states of Maharashtra, Gujarat, Andhra Pradesh, Karnataka, Goa along with the six Northeastern states — Nagaland, Manipur, Sikkim, Mizoram, Arunachal Pradesh, and Assam.

In the meantime, Article 371I and Article 371E are imposed on Goa and Andhra Pradesh respectively but has no such special provisions to offer to the states.

The two Article, Articles 370 and 371 have been a part of the Constitution of India ever since it came into force on January 26, 1950. It was only later on that Articles 371 A- I was incorporated through various amendments under Article 368.

A brief note on the Indian states enjoying special provisions is being provided below:

Maharashtra and Gujarat (Article 371)

Both the states Maharashtra and Gujarat are enjoying the special provisions of Article 371 as per which Governor of Maharastra has a special responsibility to establish “separate development boards” for regions like Vidarbha, Marathwada. While in Gujarat, separate development boards are established in Saurashtra and Kutch.

Nagaland (Article 371A)

Northeastern state Nagaland is enjoying the special provisions of Article 371A as per which the Indian Parliament has no right to legislate in certain matters related to the Nagas without the approval of the state Legislative Assembly. These matters include the Naga religion or social practices, Naga customary law and procedure, and the ownership and transfer of land and its resources.

Assam (Article 371B)

Assam enjoys the special provisions of Article 371B which is quite like Nagaland. In both these states, the President of India has the right to provide for the constitution and functions of a committee of the state Legislative Assembly.

Manipur (Article 371C)

In Manipur, similar to Assam, the President of the nation has the right to provide for the constitution and functions of a committee of elected members. The president can also go for modifications to be made in the rules of business of the Government.

The governor of the state, as entrusted by Article 371C, has the “special responsibility” to ensure the proper functioning of the state and make a yearly report to the President on the administration of the Hill Areas of the State.

Andhra Pradesh (Article 371D, 371E)

Andhra Pradesh has been enjoying the special provisions of Article 371D and 371E according to which the President of India is liable to ensure “equitable opportunities and facilities for the people” or reservation in government jobs, education and other schemes.

In addition to this, the President had the power to make direct recruitments in posts of any local cadre of the state government along with in the matters of admissions in the universities or educational institutions in the state. He also has the power to set up an administrative tribunal outside the jurisdiction of the High Court.

Sikkim (Article 371F)

Article 371F lends Sikkim the power to hold a Legislative Assembly comprises of minimum 30 members. These members are capable of electing the representative of Sikkim in the Indian Parliament.

The Governor of Sikkim possesses “special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population”.

Mizoram (Article 371G)

Article 371G in Mizoram says that the Legislative Assembly should not contain less than 40 members. It further says that the Parliament cannot make laws on “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.”

Arunachal Pradesh (Article 371H)

Article 371H in Arunachal Pradesh provides the Governor with special responsibility for law and order of the state. However, the Governor will have to consult the Council of Ministers in the state. But if such a matter arises when the Governor is required to act in the exercise of his individual judgment, then his judgment will be considered as final.

Karnataka (Article 371J)

As per the Article 371J, Karnataka has the provision to establish a separate development board for the backward districts in Hyderabad-Karnataka region. There are reservation benefits for people of this region, in both government jobs and education.

Also read: After J&K losing its special status, is it now the turn for the northeastern states?