SPECIAL STATUS OF STATES – ARTICLE 370

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On 5TH August, 2019 The Constitution (Application To Jammu & Kashmir) Order 2019 was assented y the President of India. The motion was moved by the BJP government to abrogate the article 370, in the capacity of the article 370(1) of the constitution.

Like Jammu and Kashmir, there are some others states as well which have special powers or status provided by the Indian Constitution. These special provisions are enumerated in article 371 of the constitution. Moreover, in some special provisions for the state the application of the legislature is restricted. The following are the states which have special provision under the Indian Constitution.

  1. Under Article 371 of the Indian Constitution, special provisions are provided to the state of Maharashtra & Gujarat. The President is empowered to provide any special power to the governors of the respective state for the establishment of separate development boards for Vidharbha, Marathwada, Saurashtra, Kutch & the rest of the Gujarat & Maharashtra, the equitable allocation of the funds for developmental expenditure over the said areas & an equitable arrangement providing adequate facilities in respect of all areas.
  2. Under Article 371A of the Indian Constitution, special provisions are provided to the state of Nagaland. No Act of Parliament in respect of religious Or social practices of the Nagas, Naga customary law & procedure, administration of civil & criminal justice involving decisions according to Naga customary law  & ownership & transfer of land & its resources would apply until & unless Legislative Assembly of the Nagaland decides to do so. Moreover the Governor of the Nagaland has additional powers to order, thorough public notification, to establish a regional council for Tuensang district & the governor can make the rules in his discretion. The final decision on all matters relating to the Tuensang district shall be made by the Governor in his discretion.  
  3. Under Article 371B of the Indian Constitution, special provisions are provided to the state of Assam. To provide with some sovereignty & representation to the tribes, the President may provide for the constitution and functions of a committee of the Legislative Assembly of the State, having its members elected from the Tribal areas of the Assam.
  4. Under Article 371C of the Indian Constitution, special provisions are provided to the state of Manipur. To provide with some sovereignty & representation to the tribes, the President may provide for the constitution and functions of a committee of the Legislative Assembly of the State, having its members elected from the Hill areas of the Assam.
  5. Under Article 371D of the Indian Constitution, special provisions are provided to the state of Andhra Pradesh & Telangana. It provides for equitable opportunities & facilities for people in the matter of public employment & education. It may specify the preferences or reservation in matter of direct recruitment & admission in any educational institution. In addition to this the President may provide for the constitution of an Administrative Tribunal for both the states. No High Court for the state have power of superintendence over the Administrative Tribunal.

Under Article 371E, Parliament has power to establish University in state of Andhra Pradesh.

  • Under Article 371F of the Indian Constitution, special provisions are provided to the state of Sikkim. Being incorporated in 1975, the Legislative Assembly of the Sikkim do not have less than thirty members. Parliament has power to make provision regarding the number of the seats in Legislative Assembly of Sikkim in order to protect rights & safeguard the interest of different sections. Moreover according to the clause (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 Supreme Court has Advisory Jurisdiction (Article 143).
  • Under Article 371G of the Indian Constitution, special provisions are provided to the state of Mizoram. It has same provisions like Nagaland. No Act of Parliament in respect of 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 until & unless Legislative Assembly of the state of Mizoram accepts it by a resolution.
  • Under Article 371H of the Indian Constitution, special provisions are provided to the state of Arunachal Pradesh. The Governor of the state has special powers regarding law & order and decisions of the governor are final in disputes.
  • Under Article 371-I of the Indian Constitution, State of Goa should consist not less than thirty members in its Legislative Assembly.
  • Under Article 371J of the Indian Constitution, President may, to the Karnataka state, provide forspecial responsibilities to the governor.These are to establish a separate development board for Hyderabad-Karnataka region & equal consumption of funds & facilities by the people.

Alike Jammu & Kashmir, the above mentioned state also have special powers provided in the Constitution. The BJP government has scrapped the article 370 which used to give special powers to Jammu & Kashmir. This indicates to the future possibility of amending these articles as special powers create a situation of imbalance among the states.

-Written by Harsh Vardhan Gupta

 INBA Student Reporter.