Article 371 of the Indian Constitution and its sub-clauses (371A to 371J) provide special constitutional provisions to certain states of India. These provisions recognise the unique historical, cultural, social, and religious characteristics of these states. Unlike Article 370 (which gave special status to Jammu & Kashmir and was abrogated in 2019), Article 371 and its sub-clauses remain in force and cannot be abrogated by a simple majority ā they require special constitutional amendment procedures.
Article 371: Special provisions for Maharashtra and Gujarat (separate development boards).
Article 371A: Nagaland ā Parliament cannot override Naga customary law (1962).
Article 371B: Assam ā committee for tribal areas.
Article 371C: Manipur ā special provisions for hill areas.
Article 371D/E: Andhra Pradesh/Telangana ā equitable opportunities in jobs and education.
Article 371F: Sikkim ā protects rights when Sikkim joined India in 1975.
Article 371G: Mizoram ā Parliament cannot override Mizo customary law (1986).
Article 371H: Arunachal Pradesh ā Governor's special responsibility for law and order.
Article 371I: Goa ā minimum 30 members in Legislature (1987).
Article 371J: Karnataka ā Hyderabad-Karnataka (Kalyana-Karnataka) region development (2012).
Article 371 (Maharashtra and Gujarat): ⢠Gives the Governor of Maharashtra and Gujarat special responsibility for: ā Establishment of separate development boards for: Maharashtra: Vidarbha, Marathwada, and rest of Maharashtra Gujarat: Saurashtra, Kutch, and rest of Gujarat ā Equitable allocation of funds for developmental expenditure ā Equitable provision of education and government jobs for people from each region
Background: ⢠When Maharashtra and Gujarat were formed in 1960 (bifurcation of Bombay State), there were concerns about regional development imbalances ⢠Article 371 was included to ensure equitable development across regions
Article 371A ā Nagaland (13th Amendment, 1962): ⢠Parliament cannot override customary law and procedures of Nagas ⢠Covers: religious/social practices, customary law, ownership/transfer of land ⢠Any extension of law to Nagaland requires the approval of the Nagaland Legislative Assembly
Article 371B ā Assam (22nd Amendment, 1969): ⢠President can establish a committee of elected members from tribal areas in Assam Legislative Assembly
Article 371C ā Manipur (27th Amendment, 1971): ⢠Special committee of elected members from hill areas of Manipur ⢠Governor has special responsibility for the hill areas
Article 371D and 371E ā Andhra Pradesh/Telangana (32nd Amendment, 1973): ⢠Equitable opportunities in public employment and education in different parts of the state ⢠Established local cadres for employment ⢠Article 371E: Parliament can establish a Central University in Andhra Pradesh
Article 371F ā Sikkim (36th Amendment, 1975): ⢠Protects existing laws and rights when Sikkim became the 22nd state of India in 1975 ⢠Protects rights and privileges of Sikkim's subjects
Article 371G ā Mizoram (53rd Amendment, 1986): ⢠Parliament cannot override customary law of the Mizo people ⢠Covers religious/social practices, customary law, land ownership ⢠Similar to Article 371A for Nagaland
Article 371H ā Arunachal Pradesh (55th Amendment, 1986): ⢠Governor of Arunachal Pradesh has special responsibility for law and order ⢠Governor's discretion in matters relating to law and order
Article 371I ā Goa (56th Amendment, 1987): ⢠Goa's Legislative Assembly shall not have less than 30 members ⢠Protects the minimum size of Goa's legislature
Article 371J ā Karnataka (98th Amendment, 2012): ⢠Governor of Karnataka has special responsibility for the Hyderabad-Karnataka region (now called Kalyana-Karnataka) ⢠Establishes a separate development board ⢠Reservation in educational institutions and state government services for people of the region
Article 370 vs Article 371:
Article 370 (J&K ā abrogated): ⢠Gave Jammu & Kashmir a 'special status' ā temporary provision ⢠Limited Parliament's power to make laws for J&K ⢠Required consent of J&K Constituent Assembly for many decisions ⢠Abrogated on August 5, 2019 by Presidential Order; J&K reorganised into 2 UTs
Article 371 (various states ā still in force): ⢠Gives specific protective/empowerment provisions to 10 states ⢠NOT temporary ā these are permanent provisions ⢠Protects unique cultural, social, religious practices of specific communities ⢠Different purpose: equity, regional development, cultural protection
Key fact: Article 371J was added most recently (2012) for Karnataka, showing Article 371 framework is still expanding.
Why these provisions exist: ⢠To address historical inequities and fears of domination when states were reorganised ⢠To protect tribal customs and minority cultures from being overridden by parliamentary legislation ⢠To ensure equitable regional development within large states
Article 371 gives the Governors of Maharashtra and Gujarat special responsibility to establish separate development boards for regions like Vidarbha, Marathwada (Maharashtra) and Saurashtra, Kutch (Gujarat) to ensure equitable development. It also covers equitable allocation of funds and jobs. Articles 371A to 371J extend similar special provisions to 9 other states including Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka.
States with special provisions under Article 371 and its sub-clauses: Maharashtra & Gujarat (371), Nagaland (371A), Assam (371B), Manipur (371C), Andhra Pradesh/Telangana (371D/E), Sikkim (371F), Mizoram (371G), Arunachal Pradesh (371H), Goa (371I), Karnataka (371J).
Article 370 gave J&K 'special status' and limited Parliament's powers over J&K ā it was a temporary provision and was abrogated in August 2019. Article 371 gives specific protective provisions to 10 states for cultural protection, equitable development, and regional representation ā it is a permanent provision still in force. Article 371 is not about special status but about protection of specific communities and regions.
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