37 Special Provisions for Some States‌

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rticles 371 to 371-J in Part XXI of the constitution contain special provisions for twelve states1 viz., Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana,

Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka. The intention behind them is to meet the aspirations of the people of backward regions of the states or to protect the cultural and economic interests of the tribal people of the states or to deal with the disturbed law and order condition in some parts of the states or to protect the interests of the local people of the states.

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.

Under Article 371, the President is authorised to provide that the Governor of Maharashtra and that of Gujarat would have special responsibility for2 :

1. the establishment of separate development boards for (i) Vidarbha, Marathwada and the rest of Maharashtra, (ii) Saurashtra, Kutch and the rest of Gujarat;

2. making a provision that a report on the working of these boards would be placed every year before the State Legislative Assembly;

3. the equitable allocation of funds for developmental expenditure over the above-mentioned areas; and

4. an equitable arrangement providing adequate facilities for technical education and vocational training, and adequate employment opportunities in the state services in respect of the abovementioned areas.

Article 371-A makes the following special provisions for Nagaland3 :

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

(i) religious or social practices of the Nagas;

(ii) Naga customary law and procedure;

(iii) administration of civil and criminal justice involving decis according to Naga customary law; and

(iv) ownership and transfer of land and its resources.

2. The Governor of Nagaland shall have special responsibility for law and order in the state so long as internal disturbances caused by the hostile Nagas continue. In the discharge of this responsibility, the Governor, after consulting the Council of Ministers, exercises his individual judgement and his decision is final4. This special responsibility of the Governor shall cease when the President so directs.

3. The Governor has to ensure that the money provided by the Central Government for any specific purpose is included in the demand for a grant relating to that purpose and not in any other demand moved in the State Legislative Assembly.

4. A regional council consisting of 35 members should be established for the Tuensang district of the state. The Governor should make rules for the composition of the council, manner of choosing its members5 , their qualifications, term, salaries and allowances; the procedure and conduct of business of the council; the appointment of officers and staff of the council and their service conditions; and any other matter relating to the constitution and proper functioning of the council.

5. For a period of ten years from the formation of Nagaland or for such further period as the Governor may specify on the recommendation of the regional council, the following provisions would be operative for the Tuensang district:

(i) The administration of the Tuensang district shall be carried o the Governor.

(ii) The Governor shall in his discretion arrange for equit distribution of money provided by the Centre between Tuens district and the rest of Nagaland.

(iii) Any Act of Nagaland Legislature shall not apply to Tuens district unless the Governor so directs on the recommendatio the regional council.

(iv) The Governor can make Regulations for the peace, progress good government of the Tuensang district. Any such Regula may repeal or amend an Act of Parliament or any other applicable to that district.

(v) There shall be a Minister for Tuensang affairs in the S Council of Ministers. He is to be appointed from amongst members representing Tuensang district in the Nagal Legislative Assembly.

(vi) The final decision on all matters relating to Tuensang district s be made by the Governor in his discretion.

(vii) Members in the Nagaland Legislative Assembly from Tuensang district are not elected directly by the people but by regional council.