Special Provisions for Some States

Context

  • Part XXI of the Constitution of India is a compilation of laws pertaining to the constitution of India as a country and the union of states that it is made of. This part of the constitution consists of Articles on Temporary, Transitional and Special Provisions.
  • Articles 371 to 371-J in Part XXI of the constitution contain special provisions for twelve states– viz., Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka.
  • Originally, the constitution did not make any special provisions for these states.
  • They have been incorporated by the various subsequent amendments made in the context of reorganisation of the states or conferment of statehood on the Union Territories.
  • Meghalaya and Tripura doesn’t comes under these special category states.
  • There is total 11 articles for these states.

Special Provisions for Some States: Who Grants Special Category Status?

The National Development Council grants the special category status on the basis of some criteria which are as follows:

  • Hilly and difficult terrain.
  • Low population density.
  • Presence of a sizable tribal population.
  • Strategic location along international borders.
  • Economic and infrastructural backwardness
  • Non-viable nature of state finances.
  • The Prime Minister, union ministers, chief ministers, and members of the planning commission make up the National Development Council, which directs and reviews the commission’s activities.

Benefits Under Special Category Status

  • The central government covers 90 percent of state spending on all centrally sponsored schemes and external aid, while the remaining 10 percent is granted to the state as a zero-interest loan. The typical loan-to-grant ratio for general category states is 70 percent loan and 30 percent grant.
  • Preferential treatment when it comes to receiving cash from the government.
  • Excise duty reductions to entice businesses to the state.
  • Special category states receive 30 percent of the federal government’s gross budget.
  • Debt-swapping and debt-relief programmes are available to these states.

Special Provisions for Some States

Articles under Special Provisions for Some States

Article 371

  • The President of India is authorised to provide that the Governor of Maharashtra and that of Gujarat would have special responsibility for: the establishment of separate development boards for

Article 371A

  • The Acts of Parliament relating to the following matters would not apply to Nagaland unless the State Legislative Assembly so decides:

Article 371B

  • 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.

Article 371C

  • 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.

Articles 371-D and 371-E 

Contain the special provisions for Andhra Pradesh. Under Article 371-D, the following are mentioned:

  1. The President is empowered to provide for equitable opportunities and facilities for the people belonging to different parts of the state in the matter of public employment and education and different provisions can be made for various parts of the state.

Article 371-E empowers the Parliament to provide for the establishment of a Central University in the state.

Article 371F

  • The 36th Constitutional Amendment Act of 1975 made Sikkim a full-fledged state of the Indian Union.

Article 371G

  • The Acts of Parliament relating to the following matters would not apply to Mizoram unless the State Legislative Assembly so decides:

Article 371H

  • The Governor of Arunachal Pradesh shall have special responsibility for law and order in the state. In the discharge of this responsibility, the Governor, after consulting the Council of Ministers, exercises his individual judgement and his decision is final.

Article 371-I 

  • provides that the Goa Legislative Assembly is to consist of not less than 30 members.

Article 371J

  • President is empowered to provide that the Governor of Karnataka would have special responsibility.

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