Special Provisions for States (Part XXI, Articles 371–371J)
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Detailed State-by-State Treatment
Overview
Part XXI of the Constitution is titled "Temporary, Transitional and Special Provisions." While some provisions in this Part were genuinely temporary (e.g., the former Article 370 for Jammu & Kashmir, abrogated in 2019), the Article 371-series provisions are special, ongoing arrangements for specific states, addressing historical, cultural, tribal, or administrative concerns unique to each. This chapter treats each state-specific provision individually — a topic UPSC tests with increasing frequency given its overlap with current affairs (statehood movements, regional autonomy demands).
Article 371: Maharashtra and Gujarat
Empowers the President to provide for the Governor's special responsibility for the establishment of separate development boards for regions like Vidarbha, Marathwada (Maharashtra) and Saurashtra, Kutch (Gujarat), ensuring equitable allocation of funds for developmental expenditure and equitable arrangements for technical/vocational education and employment opportunities across these regions.
Article 371A: Nagaland
- Inserted by the 13th Amendment, 1962, upon Nagaland's formation as a state.
- Acts of Parliament relating to (i) religious/social practices of the Nagas, (ii) Naga customary law and procedure, (iii) administration of civil/criminal justice involving decisions according to Naga customary law, and (iv) ownership and transfer of land and its resources — do NOT apply to Nagaland unless the State Legislative Assembly so decides by a resolution.
- The Governor has special responsibility for law and order in Nagaland as long as internal disturbances in the Naga Hills-Tuensang Area (arising from the pre-statehood Naga insurgency) continue — exercised in the Governor's individual judgment after consulting the state Council of Ministers.
- A Regional Council for the Tuensang district has special provisions for administration.
Article 371B: Assam
- Empowers the President to provide for the constitution and functions of a committee of the state Legislative Assembly consisting of members elected from the state's tribal areas, to address concerns of tribal representation.
Article 371C: Manipur
- Empowers the President to provide for the constitution of a committee of the state Legislative Assembly consisting of members elected from the Hill Areas of Manipur, with special responsibility on the Governor for ensuring its proper functioning.
- Reflects concerns about political representation for Manipur's hill-tribal population relative to the Imphal Valley's dominant population base.
Article 371D and 371E: Andhra Pradesh/Telangana
- Article 371D was inserted by the 32nd Amendment Act, 1973, following regional agitation in Andhra Pradesh over employment/education imbalances.
- 371D: Empowers the President to provide for equitable opportunities in public employment and education for different parts of the (undivided, and now divided) Andhra Pradesh/Telangana states — addresses historical regional imbalance concerns (Telangana vs. Andhra/Rayalaseema regions).
- 371E: Empowers Parliament to establish a Central University in Andhra Pradesh by law.
Article 371F: Sikkim
- Inserted by the 36th Amendment, 1975, upon Sikkim's merger with India as the 22nd state.
- Special provisions include: seats reserved in the state Legislative Assembly for different sections of Sikkim's population; the Governor's special responsibility for peace and social/economic advancement of different sections of the population; protection of laws in force in Sikkim prior to merger.
Article 371G: Mizoram
- Inserted by the 53rd Amendment, 1986, upon Mizoram's formation as a state.
- Similar to Article 371A (Nagaland) — Acts of Parliament relating to Mizo religious/social practices, customary law, and ownership/transfer of land do not apply unless the state Assembly so decides.
- No Act of Parliament affecting these matters, or the composition/powers of Mizoram's District Councils, applies to the state unless the state Assembly so decides by resolution.
Article 371H: Arunachal Pradesh
- Inserted by the 55th Amendment, 1986, upon Arunachal Pradesh's formation as a state.
- The Governor has special responsibility for law and order in the state, exercising individual judgment (after consulting the Council of Ministers) — similar to Nagaland's arrangement.
Article 371I: Goa
- Inserted upon Goa's formation as a state (56th Amendment, 1987).
- Provides that the minimum strength of Goa's Legislative Assembly shall be 30 members — a relatively minor, procedural special provision compared to the more substantive tribal/customary-law protections in other Article 371-series provisions.
Article 371J: Karnataka (Hyderabad-Karnataka Region)
- Inserted by the 98th Amendment, 2012.
- Empowers the Governor to take steps for the development of the Hyderabad-Karnataka region (now renamed Kalyana-Karnataka) — establishing a separate development board, ensuring equitable allocation of funds, and reserving a proportion of seats in educational institutions and state government posts for the region's residents.
Common Traps
- Article 371A (Nagaland) and Article 371G (Mizoram) are structurally similar (both protect customary law/land from unilateral Parliamentary override) — frequently tested as a pair, and frequently confused with the Sixth Schedule (which is a completely separate mechanism, applicable to Assam/Meghalaya/Tripura/Mizoram, NOT Nagaland).
- Mizoram has BOTH the Sixth Schedule (District Councils) AND Article 371G protections — a state can be covered by multiple special mechanisms simultaneously, a nuance worth remembering.
- Article 370 (J&K's erstwhile special status, now abrogated) was in Part XXI alongside the 371-series, but was structurally and substantively very different (far more extensive autonomy, including a separate state constitution while it existed) — do not conflate the now-defunct Article 370 with the still-operative 371-series provisions.
- Article 371D/371E relate to Andhra Pradesh/Telangana's employment/education equity concerns — a good example of how Article 371-series provisions can address intra-state regional imbalance, not just tribal/ethnic minority protection.
Solved Example (UPSC Prelims-Format MCQ)
Q1. Consider the following statements:
- Article 371A provides special protections for Nagaland's customary law and land ownership.
- Article 371G provides similar protections for Mizoram.
- Both Nagaland and Mizoram are covered under the Sixth Schedule of the Constitution.
Which of the statements given above is/are correct? (a) 1 and 2 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3
Answer: (a) — Statement 3 is incorrect; the Sixth Schedule covers Assam, Meghalaya, Tripura, and Mizoram — NOT Nagaland (Nagaland instead has its distinct Article 371A protections).
Practice Set (Exam-Format MCQs)
Q1. Which Article provides for the Governor's special responsibility for the Hyderabad-Karnataka (now Kalyana-Karnataka) region's development? (a) Article 371D (b) Article 371H (c) Article 371I (d) Article 371J Answer: (d)
Q2. The minimum strength of Goa's Legislative Assembly, as specially provided under Article 371I, is: (a) 20 (b) 30 (c) 40 (d) 60 Answer: (b)
Q3. Which Amendment inserted Article 371F, providing special provisions for Sikkim? (a) 35th Amendment (b) 36th Amendment (c) 53rd Amendment (d) 55th Amendment Answer: (b)
Q4. Article 371C provides for a committee of the state Legislative Assembly consisting of members from which area? (a) Bodoland, Assam (b) Hill Areas of Manipur (c) Naga Hills, Nagaland (d) Darjeeling, West Bengal Answer: (b)
Q5. Article 371E empowers Parliament to: (a) Establish a Central University in Andhra Pradesh (b) Create a separate development board for Vidarbha (c) Reserve seats for Sikkim's population (d) Protect Mizo customary law Answer: (a)
Q6. Which of the following states has BOTH Sixth Schedule Autonomous Councils AND a distinct Article 371-series special provision? (a) Nagaland (b) Manipur (c) Mizoram (d) Arunachal Pradesh Answer: (c)
Q7. The Governor's "special responsibility" for law and order (exercised in individual judgment) applies to which TWO of the following states? (a) Nagaland and Arunachal Pradesh (b) Sikkim and Goa (c) Manipur and Assam (d) Karnataka and Andhra Pradesh Answer: (a)
Chapter 18 Quick Revision Sheet
| Article | State | Core Feature |
|---|---|---|
| 371 | Maharashtra, Gujarat | Development boards for specific regions |
| 371A | Nagaland | Customary law/land protection; Governor's law & order responsibility |
| 371B | Assam | Assembly committee for tribal areas |
| 371C | Manipur | Assembly committee for Hill Areas |
| 371D/371E | Andhra Pradesh/Telangana | Employment/education equity; Central University |
| 371F | Sikkim | Post-merger protections, reserved seats |
| 371G | Mizoram | Customary law/land protection (like 371A) |
| 371H | Arunachal Pradesh | Governor's law & order responsibility |
| 371I | Goa | Minimum 30-member Assembly |
| 371J | Karnataka | Hyderabad-Karnataka (Kalyana-Karnataka) region development |