Class 11 Polity Notes: Special Provisions to some States
India is a very diverse country comprising people from different communities and tribes. This diversity is a boon if strengthened through constitutional recognition and this is what the lawmakers aim to do with constitutional amendments. Diversity also means that not everyone has equal opportunities and resources to move forward and keeping this in mind, India has established special provisions for 12 states, to provide for the aspirations of people in backward regions and protect the cultural and economic interests of these states.
This article discusses the Special Provisions given to these states in Articles 371 to 371-J in Part XXI of the Indian constitution, and other aspects related to this topic. Please go through this article for more details.
Special Provisions to Some States
- Part XXI of the Indian Constitution contains Articles 371 to 371(J), which advocate for the allotment of temporary, special provisions for 12 states, which include Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka.
- These special provisions refer to the grant of specific amenities by the Central Government to selected states. The provisions focus on helping them develop at par with others.
- The Constitution did not originally contain these special provisions. They were incorporated by the various amendments made in the background of reorganization of the states or the grant of statehood on the Union Territories.
- The aim of these special provisions are to recognize and cater to the aspirations of people in the states’ backward regions, protect the cultural and economic interests of tribal populations, and address law and order issues in these areas.
Special Provisions to some States in the Indian Constitution (Articles 371-371J)
Issuing of special provisions to some states is based on the Gadgil formula, which uses parameters like per capita income, population, tax and ongoing projects in the state. Based on this, it is decided whether a state is eligible for special category status (SCS) or not.
Article |
Subject Matter |
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371 |
Special provision with respect to the states of Maharashtra and Gujarat |
371A |
Special provision with respect to the state of Nagaland |
371B |
Special provision with respect to the state of Assam |
371C |
Special provision with respect to the state of Manipur |
371D |
Special provisions with respect to the state of Andhra Pradesh or the state of Telangana |
371E |
Establishment of Central University in Andhra Pradesh |
371F |
Special provisions with respect to the state of Sikkim |
371G |
Special provision with respect to the state of Mizoram |
371H |
Special provision with respect to the state of Arunachal Pradesh |
371I |
Special provision with respect to the state of Goa |
371J |
Special provisions with respect to the state of Karnataka |
Asymmetrical federalism in India
What is Asymmetrical Federalism?
- It refers to federalism based on unequal power distribution and relationships in political, administrative and financial arrangements between the units/ regions that make a federation.
- The asymmetry can be seen in a federation in both vertical (between Center and states) and horizontal (among the states) perspectives.
Instances of Asymmetrical federalism in India
- India has a strong Union. During Emergency situations, the Union has the authority to override over the States to tackle adverse situations. The power to initiate a constitutional amendment also lies with the Union.
- Introduction of special provisions for States or regions of States that are socio-economically backward, have security challenges, difficult geographical conditions, predominance of tribal populations with distinct identity and cultures, etc.
- Allocation of Parliamentary seats to the States is on the basis of population aka it is not uniform.
- The Sixth Schedule provides special provisions for and autonomy to tribal areas in 4 northeastern States.
- Special Category Status (SCS) have been given to 12 States in order to financially assist the States that are at a relative disadvantage to others due to various factors.
Why is Asymmetrical Federalism seen in India?
- Political Reasons: The States having a dominant population of historically backward/ indigenous communities, have been given special provisions to avoid any separatist tendencies they may develop and to preserve the unity and integrity of the nation. This has led to greater autonomy for states included in sixth schedule, special powers to J&K under article 370, union territories in India, greater powers to Centre vis-à-vis state to ensure uniformity and unity etc.
- Social Reasons: Social development has not been uniform across the country; The Southern region is more developed in terms of high literacy rate, better healthcare etc., therefore special provisions, like protection to certain tribal areas in the country, were granted in favor of the States lagging behind.
- Economic Reasons: Economic growth has been geographically uneven in India which has also led to asymmetrical federalism; For e.g.- Special category provisions given to some states with higher share of Central government in Centrally Sponsored Schemes.
Purpose of Providing Special Provisions for Some States
- To support the development of certain states that are comparatively underdeveloped. The underdevelopment of these states are mainly related to social, geographical, economic and political factors.
- To provide for additional facilities in states lacking infrastructure.
- To protect cultural heritage and customs of tribal communities in these states.
- To give financial aid and grants to these states for industrial and economic development.
- To control and check unlawful activities in these states.
Eligibility Criteria for states to Obtain Special Provisions
The National Development Council (NDC) ,an administrative body of the Central Government, decides on granting special provisions for some states. The parameters to consider if a state is eligible for special provisions are given below:
- Economic and Social backwardness.
- Geographical limitations of states like, inaccessible terrains, hilly areas, which may hinder basic growth.
- States having important strategic locations, mainly along international borders.
- Financial and infrastructural limitations.
- Low population density.
- Existence of a large percentage of tribal communities.
- Unfeasible quantities of state finances.
Overview of these special provisions for some states in India
Discussed below in detail are special provisions given to specific states:
Provisions for Maharashtra and Gujarat
Under Article 371, the President is authorized to provide that the Governor of Maharashtra and Gujarat have special responsibility for:
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Provisions for Nagaland
Under Article 371-A, the following special provisions have been made for Nagaland:
The Acts of Parliament regarding the following matters would not apply to Nagaland unless the State Legislature Assembly decides to do so:
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TUENSANG DISTRICT’ S DISTINCTIVE ADMINISTRATIVE FRAMEWORK |
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For a period of ten years from the formation of Nagaland or for a further period as the Governor may specify on the recommendation of the regional council, the following provisions would be implemented for the Tuensang district:
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Provisions for Assam and Manipur
For Assam:
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For Manipur:
Article 371-C makes the following special provisions are provided for Manipur:
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Provisions for Andhra Pradesh or Telangana:
Articles 371-D and 371-E are about the special provisions for Andhra Pradesh. In 2014, Article 371-D was extended to the State of Telangana by the Andhra Pradesh Reorganization Act of 2014. Under Article 371-D, the following provisions are mentioned:
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Provisions for Sikkim:
The 36th Constitutional Amendment Act of 1975, which made Sikkim a full-fledged state of the Indian Union, included a new Article 371-F, which contained special provisions with respect to the newly formed state. These are as follows:
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Provisions for Mizoram
Article 371-G gives us the following special provisions for Mizoram:
1. The Acts of Parliament relating to the following matters would not apply to Mizoram unless the State Legislative Assembly decides to do so:
2. The Mizoram Legislative Assembly is to consist of not less than 40 members. |
Provisions for Arunachal Pradesh and Goa
For Arunachal Pradesh
Under Article 371-H the following provisions are made for Arunachal Pradesh:
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For Goa
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Provisions for Karnataka
According to Article 371-J, the Governor of Karnataka has special responsibility for:
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Conclusion
We find that some states in India have been provided special provisions that assist them to develop on par with other states that have abundant resources available. The aim of these special provisions is to provide extra support to socio-economically backward states, states with majority tribal population that have historically been exploited, states that have a geographical disadvantage etc., so that all units that make the Indian Federation develop equally, and the unity of the nation is protected.
FAQ’s on Special Provisions to some states:
What is meant by the Gadgil formula?
Named after the Indian social scientist, Dhananjay Ramchandra Gadgil, the formula calculates the amount of central financial assistance needed by states based on certain parameters like population density, per capita income, ongoing projects and social issues.
Why does the Indian Constitution have special provisions for certain states?
The special provisions for certain states in the Indian Constitution are intended to accommodate the diverse socio-cultural and historical backgrounds of these regions.
Which are the states demanding special provisions, but have not been granted yet?
Recently, Odisha, Bihar and Rajasthan have requested for grant of special provisions.
Who has the power to grant special provisions for some states?
The National Development Council (NDC), consisting of the Prime Minister, Union ministers, chief ministers and members of the Planning Commission, can grant special provisions for some states.
Which Indian states were among the first to be granted special provisions?
Jammu & Kashmir (Abrogated in 2019), Assam and Nagaland were among the first Indian states to be granted special provisions.
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