Unequal Equals: Why Certain States Receive Special Constitutional Treatment and Transitional Provisions

Special Provisions for Some States

The Indian Constitution, under Part XXI (titled 'Temporary, Transitional and Special Provisions'), contains Articles 371 to 371-J. These articles extend asymmetric or differentiated constitutional treatment to twelve states: Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka.

This asymmetry reflects the federal flexibility of the Indian Constitution-not all states are treated identically when their historical, cultural, or developmental circumstances demand a different approach.

Why Were These Provisions Created?

The rationale behind these special provisions is fourfold:

• To fulfil the developmental aspirations of backward regions within states
• To safeguard the cultural and economic interests of tribal communities
• To address disturbed law and order situations in certain areas
• To protect the interests of local populations from outside competition in employment and education

Important: These provisions were not part of the original Constitution. They were inserted through successive constitutional amendments, typically coinciding with state reorganisation or the grant of statehood to Union Territories.

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Under Article 371, the President is authorised to direct that the Governors of Maharashtra and Gujarat shall carry special responsibility in four areas:

1. Separate Development Boards: For Maharashtra - Vidarbha, Marathwada, and the rest of the state. For Gujarat - Saurashtra, Kutch, and the rest of the state.
2. Annual Reporting: Reports on the functioning of these boards must be placed before the State Legislative Assembly every year.
3. Equitable Fund Allocation: Development expenditure must be distributed equitably across all designated sub-regions.
4. Equal Opportunity in Education and Employment: Adequate facilities for technical education, vocational training, and equitable access to state government jobs must be ensured for people from each sub-region.

Exam Tip: Article 371 deals with intra-state regional equity-not tribal protection. The Governor acts under Presidential direction, not unilaterally.

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Added by the 13th Constitutional Amendment Act, 1962, Article 371-A provides the most comprehensive set of protections among all special-provision states.

Parliamentary Legislation Override

Acts of Parliament on the following subjects shall not apply to Nagaland unless the State Legislative Assembly resolves to adopt them:

• Religious or social practices of the Nagas
• Naga customary law and procedure
• Civil and criminal justice administered under Naga customary law
• Ownership and transfer of land and its resources

Governor's Special Law-and-Order Responsibility

• The Governor has a special and individual responsibility for maintaining law and order as long as internal disturbances caused by hostile Nagas persist.
• After consulting the Council of Ministers, the Governor exercises individual judgement; his decision is final and cannot be legally challenged.
• This special responsibility ceases when the President issues a direction to that effect.

Tuensang District - Special Governance

For a period of ten years from Nagaland's formation (extendable on recommendation of the regional council):

• A Regional Council of 35 members is established for Tuensang district.
  • Deputy Commissioner of Tuensang = ex-officio Chairman
  • Vice-Chairman is elected by council members from among themselves
• The Governor directly administers Tuensang district.
• State Legislature Acts do not apply to Tuensang unless the Governor directs so, based on regional council recommendation.
• The Governor distributes Central funds between Tuensang and the rest of Nagaland equitably, at his discretion.
• The Governor may make Regulations for peace and good governance of the district; such regulations can override Acts of Parliament or other applicable laws.
• A Minister for Tuensang Affairs must be appointed in the State Cabinet, drawn from Tuensang's representatives in the Legislative Assembly.
• MLAs from Tuensang are not directly elected by the people-they are chosen by the Regional Council.
• All final decisions on Tuensang matters rest with the Governor in his discretion.
• The Governor must ensure Central grants for specific purposes are placed under the correct demand for grant in the Assembly-not diverted.

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Added by the 22nd Constitutional Amendment Act, 1969.

The President may direct the creation of a committee of the Assam Legislative Assembly consisting of:

• Members elected from the Tribal Areas of the state (as specified in the Sixth Schedule)
• Other members as the President may specify

Note: Tribal Areas of Assam specified in the Sixth Schedule include North Cachar Hills District, Karbi Anglong District, and Bodoland Territorial Areas District.

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Added by the 27th Constitutional Amendment Act, 1971.

1. The President may direct formation of a committee of the Manipur Legislative Assembly composed of members from the Hill Areas of the state.
2. The President may direct the Governor to take special responsibility for the proper functioning of this committee.
3. The Governor must submit an annual report to the President on the administration of the Hill Areas.
4. The Central Government may issue directions to the State Government regarding the administration of Hill Areas.

'Hill Areas' in Manipur = areas declared as such by Presidential order.

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Both articles were added by the 32nd Constitutional Amendment Act, 1973. Article 371-D was extended to Telangana by the Andhra Pradesh Reorganisation Act, 2014.

Article 371-D - Equitable Opportunities

1. The President may ensure equitable access to public employment and education for people from different parts of the state.
2. For this, the President may:
   • Direct the state to organise civil posts into local cadres for different regions
   • Specify which parts of the state qualify as the 'local area' for admission to educational institutions
   • Fix the extent and manner of reservation in local cadre recruitment and educational admissions
3. The President may establish an Administrative Tribunal to adjudicate disputes related to civil post appointments, allotments, or promotions.
   • The tribunal functions outside the jurisdiction of the state High Court.
   • No court except the Supreme Court may exercise jurisdiction over matters before the tribunal.
   • The President may abolish the tribunal when it is no longer deemed necessary.

Article 371-E - Central University

Parliament is empowered to establish a Central University in Andhra Pradesh.

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Added by the 36th Constitutional Amendment Act, 1975, which granted Sikkim full statehood in the Indian Union.

Key provisions:

1. The Sikkim Legislative Assembly must have at least 30 members.
2. Sikkim is allotted one seat in the Lok Sabha and forms a single Parliamentary constituency.
3. Parliament may provide for:
   • Reservation of Assembly seats for different sections of Sikkim's population
   • Delimitation of constituencies from which only candidates from specific sections may contest
4. The Governor has special responsibility for peace and equitable advancement of all sections of Sikkim's population. He acts in his discretion but subject to Presidential directions.
5. The President may extend (with restrictions or modifications) any law in force in another state to Sikkim.

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Added by the 53rd Constitutional Amendment Act, 1986.

1. Acts of Parliament on the following subjects shall not apply to Mizoram unless the State Legislative Assembly resolves to adopt them:
   • Religious or social practices of the Mizos
   • Mizo customary law and procedure
   • Civil and criminal justice under Mizo customary law
   • Ownership and transfer of land
2. The Mizoram Legislative Assembly must consist of at least 40 members.

Exam Trap: Unlike Nagaland's provision (which also covers land resources), Mizoram's land protection covers ownership and transfer but does not include 'land resources' as a separate item.

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Added by the 55th Constitutional Amendment Act, 1986.

1. The Governor of Arunachal Pradesh has special responsibility for law and order in the state. After consulting the Council of Ministers, the Governor acts in his individual judgement; his decision is final. This responsibility ceases when the President so directs.
2. The Arunachal Pradesh Legislative Assembly must consist of at least 30 members.

Compare with Nagaland: Both have a Governor with special law-and-order responsibility exercised through individual judgement. But Nagaland's provisions also include the Tuensang regional council framework and the customary law protection against Parliamentary legislation-absent in Arunachal Pradesh.

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Added by the 56th Constitutional Amendment Act, 1987.

The Goa Legislative Assembly must consist of at least 30 members.

This is among the most minimal special provisions-no Governor's special discretion, no tribal protections, just a minimum Assembly size guarantee.

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Added by the 98th Constitutional Amendment Act, 2012, following separate resolutions passed in 2010 by both the Karnataka Legislative Assembly and Legislative Council.

The President is empowered to direct that the Governor of Karnataka has special responsibility for the Hyderabad-Karnataka region (comprising six backward northern districts: Gulbarga, Bidar, Raichur, Koppal, Yadgir, and Bellary):

1. Establishment of a separate development board for the Hyderabad-Karnataka region
2. Annual placement of a report on the board's working before the State Legislative Assembly
3. Equitable allocation of developmental funds to the region
4. Reservation of seats in educational and vocational training institutions for students from the region
5. Reservation in state government posts in the region for persons belonging to the region

Compare with Article 371 (Maharashtra/Gujarat): Both establish development boards and ensure equitable fund allocation and educational opportunities. Karnataka additionally provides for reservation in educational institutions and state government posts-a feature absent in 371.

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• Part XXI of the Constitution is titled 'Temporary, Transitional and Special Provisions'-not 'Special Provisions' alone.
• Nagaland and Mizoram both protect customary law from Parliamentary override-but the scope differs slightly (land resources in Nagaland; only land in Mizoram).
• Nagaland and Arunachal Pradesh both have Governors with individual law-and-order judgement-but only Nagaland has the Tuensang sub-structure.
• The Administrative Tribunal under 371-D works outside High Court jurisdiction; only Supreme Court oversight remains.
• Mizoram has the highest minimum Assembly size (40); other states like Sikkim, Goa, and Arunachal Pradesh have a 30-member minimum.
• Karnataka's 371-J is the most recently added (2012) and uniquely combines a development board with reservations in both education and jobs.
• Telangana was brought under Article 371-D through the AP Reorganisation Act, 2014-not through a constitutional amendment directly.