Chapter 29: Special Provisions for Some States
Introduction
The Indian Constitution provides special provisions for certain states to:
- Meet their unique social, cultural, economic, and political needs,
- Protect the rights of local people,
- Maintain peace and security.
These special provisions are found in Articles 371 to 371-J.
Why Special Provisions?
| Reason | Example |
|---|---|
| Historical reasons | Integration of princely states (Hyderabad, Sikkim) |
| Cultural distinctiveness | Nagaland, Mizoram |
| Economic backwardness | Vidarbha (Maharashtra), Hyderabad-Karnataka (Karnataka) |
| Security concerns | Northeastern states (Nagaland, Assam) |
Articles 371 to 371J: State-Wise Special Provisions
Article 371 — Maharashtra and Gujarat
- Governor has special responsibility for:
- Separate development boards for:
- Vidarbha,
- Marathwada (in Maharashtra),
- Saurashtra and Kutch (in Gujarat).
- Separate development boards for:
- Equitable distribution of funds, jobs, and educational opportunities among regions.
Article 371A — Nagaland
- Unique and most important special provision.
| Special Provisions for Nagaland | Details |
|---|---|
| Customary Law | Central laws on religious and social practices, Naga customary law, land and resources do not apply unless approved by State Assembly. |
| Special Legislative Autonomy | Greater autonomy on local matters. |
| Governor’s Discretion | Governor ensures law and order (in consultation with State Council). |
Article 371B — Assam
- Provision for creation of a committee of legislators from tribal areas within Assam to ensure their participation in governance.
Article 371C — Manipur
- Similar to Assam.
- Separate legislators’ committee to protect tribal interests.
- Governor has to submit annual report to the President regarding administration of hill areas.
Article 371D — Andhra Pradesh (before bifurcation)
- Ensured equal opportunities in public employment and education for people from different regions (Andhra, Telangana).
- Presidential Order specified local areas.
- Created Administrative Tribunals for resolving service disputes.
(Continued in Andhra Pradesh; Telangana has similar arrangements after separation.)
Article 371E — Central University in Andhra Pradesh
- Provision to establish a Central University in Andhra Pradesh.
(Note: University has been established — Central University of Andhra Pradesh at Anantapur**.)
Article 371F — Sikkim
- After merger with India (1975), Sikkim got:
- Protection of old laws and customs.
- Reservation of seats in Legislative Assembly for different sections.
- Governor has special responsibilities for peace and stability.
Thus, Sikkim maintains its distinct identity even after joining India.
Article 371G — Mizoram
- Similar to Nagaland.
- Central laws relating to:
- Religious practices,
- Social customs,
- Land,
- Criminal and civil procedure, do not apply unless approved by Mizoram Legislative Assembly.
Article 371H — Arunachal Pradesh
- Governor has special responsibility for:
- Law and order,
- Can act at his discretion in this matter.
Article 371I — Goa
- Provides that:
- Minimum 30 seats in Goa Legislative Assembly (special guarantee for political representation).
Article 371J — Karnataka (Hyderabad-Karnataka region)
- Special status for six backward districts:
(Bidar, Gulbarga, Yadgir, Raichur, Koppal, Bellary)
| Special Benefits | Details |
|---|---|
| Employment | Special quota in government jobs. |
| Education | Special reservations in educational institutions. |
| Development Board | Statutory development board to ensure equitable development. |
Comparison Table: Quick Overview
| Article | State | Key Feature |
|---|---|---|
| 371 | Maharashtra, Gujarat | Development Boards |
| 371A | Nagaland | Customary laws protected |
| 371B | Assam | Tribal committee in Assembly |
| 371C | Manipur | Tribal committee in Assembly |
| 371D | Andhra Pradesh | Equal public employment opportunity |
| 371E | Andhra Pradesh | Central University |
| 371F | Sikkim | Protect old laws, assembly seats |
| 371G | Mizoram | Protect social/religious practices |
| 371H | Arunachal Pradesh | Law and order special power to Governor |
| 371I | Goa | Minimum Assembly seats fixed |
| 371J | Karnataka | Special development for backward areas |
Why Such Special Provisions Matter
- Recognize diversity within India.
- Accommodate regional aspirations peacefully.
- Protect cultural identities and economic interests.
- Strengthen federalism and national integration.
Criticism of Special Provisions
- Perceived inequality among states.
- Can sometimes fuel regionalism.
- Special autonomy demands may lead to political friction.
Recent Developments
- Debate about similar demands from other backward regions (e.g., Marathwada in Maharashtra).
- Special status discussions for Union Territories like Ladakh.
- Demands for separate development boards in other states.
Important Landmark Judgments and Notes
| Case | Importance |
|---|---|
| SR Bommai Case (1994) | Upheld federal spirit and emphasized proper use of Governor’s discretionary powers. |
| Naga Peace Talks (Ongoing) | 371A’s special provisions are crucial in negotiating peace with Naga groups. |
Conclusion
Special provisions under Articles 371 to 371J are India’s constitutional innovation to accommodate diverse identities, regional aspirations, and special circumstances.
They have contributed significantly to maintaining unity in diversity.
“Federalism with flexibility — that is the beauty of Indian Constitution.“
Important Quick Facts for Prelims & Mains
| Fact | Detail |
|---|---|
| Article covering Maharashtra and Gujarat | 371 |
| Special status for Nagaland | 371A |
| Protects customs in Mizoram | 371G |
| Law and Order power to Arunachal Pradesh Governor | 371H |
| Hyderabad-Karnataka special status | 371J |
| First state to get special constitutional status | Nagaland (371A, 1963) |
Chapter 30: Scheduled and Tribal Areas — Fifth and Sixth Schedule
Introduction
The framers of the Constitution realized that tribal communities needed special protection due to:
- Historical exploitation,
- Socio-economic backwardness,
- Need to preserve their culture and autonomy.
Thus, special provisions were made under:
- Fifth Schedule — for Scheduled Areas in other parts of India,
- Sixth Schedule — for Tribal Areas in the North-East.
Part 1: Fifth Schedule — Scheduled Areas
Constitutional Provisions
- Deals with the administration and control of Scheduled Areas and Scheduled Tribes in any state except those in the North-East (which are under Sixth Schedule).
- Found in Articles 244(1) and Fifth Schedule.
Scheduled Areas
- Areas with high tribal population, economic backwardness, and distinct culture.
- Notified by President after consultation with Governor of the State.
Administration of Scheduled Areas
| Aspect | Detail |
|---|---|
| Governor’s Role | Special responsibility to administer Scheduled Areas. |
| Law-Making | Governor can direct that any central or state law may or may not apply, or apply with modifications to Scheduled Areas. |
| Tribal Advisory Council (TAC) | Must be established in each state having Scheduled Areas. |
| Composition of TAC | Not more than 20 members; 3/4th must be Scheduled Tribes representatives from Legislative Assembly. |
Powers of Governor under Fifth Schedule
- Can make regulations to:
- Prohibit or restrict transfer of tribal land,
- Regulate allotment of land,
- Regulate money-lending activities among tribals.
- Regulations need President’s assent to become law.
Important Features
- Annual report on administration of Scheduled Areas must be submitted by the Governor to the President.
- President can alter Scheduled Areas by notification.
Criteria for Declaring Scheduled Area
(As per Dhebar Commission guidelines)
- Preponderance of tribal population,
- Compactness and reasonable size of the area,
- Underdeveloped nature of the area,
- Economic backwardness compared to neighboring areas.
Examples of Scheduled Areas
| State | Areas Covered |
|---|---|
| Andhra Pradesh | Parts of Vishakhapatnam, Srikakulam |
| Chhattisgarh | Bastar, Dantewada |
| Gujarat | Parts of Surat, Bharuch, Vadodara |
| Jharkhand | Ranchi, Dumka |
| Madhya Pradesh | Mandla, Dindori |
| Maharashtra | Nandurbar, Gadchiroli |
| Odisha | Mayurbhanj, Koraput |
| Rajasthan | Udaipur, Dungarpur |
Part 2: Sixth Schedule — Tribal Areas in North-East India
Constitutional Provisions
- Deals with administration of Tribal Areas in North-Eastern states:
- Assam,
- Meghalaya,
- Tripura,
- Mizoram.
- Found in Articles 244(2) and Sixth Schedule.
Autonomous District Councils (ADCs)
- Autonomous bodies created to administer tribal areas.
- Aim: Preserve tribal customs, culture, manage resources locally.
| State | No. of Autonomous Councils |
|---|---|
| Assam | 3 Councils |
| Meghalaya | 3 Councils |
| Tripura | 1 Council |
| Mizoram | 3 Councils |
Composition of District Councils
- 30 Members:
- 26 elected on the basis of adult franchise,
- 4 nominated by Governor.
- Tenure: 5 years.
Powers of Autonomous Councils
| Power | Details |
|---|---|
| Legislative Powers | Can make laws on land, forests, water, customs, village administration, inheritance, marriage, etc. |
| Judicial Powers | Set up village courts for civil/criminal disputes. |
| Executive Powers | Manage departments like primary education, health, agriculture. |
| Revenue Collection | Collect taxes on land, buildings, entry of goods, etc. |
Governor’s Powers under Sixth Schedule
- Can modify/dissolve Autonomous District Councils.
- Can extend or restrict laws passed by Parliament or State Assembly in tribal areas.
- Important to protect tribal autonomy while maintaining state unity.
Key Differences: Fifth Schedule vs Sixth Schedule
| Feature | Fifth Schedule | Sixth Schedule |
|---|---|---|
| Area Covered | Scheduled Areas in all states except North-East | Tribal Areas in North-East |
| Autonomy Level | Governor-administered, limited autonomy | High autonomy — District and Regional Councils |
| Laws | Governor can modify laws | Autonomous Councils make laws |
| Examples | Jharkhand, Odisha, Chhattisgarh | Assam, Meghalaya, Mizoram, Tripura |
Recent Developments
- 125th Constitutional Amendment Bill (pending):
Seeks to strengthen powers of Autonomous Councils. - Proposal to give Sixth Schedule status to Ladakh (still under discussion).
- Growing demand for greater autonomy among other tribal regions.
Problems in Administration
- Financial constraints for Autonomous Councils.
- Clash of jurisdiction between State Governments and Councils.
- Lack of adequate infrastructure and capacity building.
- Political interference undermining autonomy.
Importance of Special Provisions for Tribal Areas
- Protect indigenous customs and traditions,
- Promote self-governance,
- Ensure socio-economic development,
- Prevent alienation of tribal lands,
- Preserve cultural identities.
Conclusion
The special arrangements under Fifth and Sixth Schedules reflect the sensitivity and flexibility of the Indian Constitution towards regional diversity and minority rights.
For India’s unity and strength, it is essential to empower tribal communities while ensuring national integration.
“Integration without assimilation — the guiding spirit of India’s tribal policies.“
Important Quick Facts for Prelims & Mains
| Fact | Detail |
|---|---|
| Fifth Schedule covers | Scheduled Areas (non-NE states) |
| Sixth Schedule covers | Tribal Areas in Assam, Meghalaya, Tripura, Mizoram |
| Composition of District Council | 30 members (26 elected, 4 nominated) |
| Governor’s report submission | Every year for Fifth Schedule areas |
| Article for Scheduled Areas | 244(1) |
| Article for Tribal Areas | 244(2) |
Chapter 31: Panchayati Raj System
Introduction
Panchayati Raj refers to the system of local self-government in rural India.
It ensures:
- Decentralization of power,
- People’s participation in governance,
- Grassroots democracy.
The system was constitutionalized by the 73rd Constitutional Amendment Act, 1992.
Historical Background
| Milestone | Significance |
|---|---|
| Balwant Rai Mehta Committee (1957) | Recommended 3-tier Panchayati Raj system. |
| Ashok Mehta Committee (1977) | Suggested 2-tier system (Zila Parishad and Mandal Panchayat). |
| 73rd Constitutional Amendment (1992) | Gave constitutional status to Panchayati Raj Institutions (PRIs). |
Constitutional Provisions: 73rd Amendment Act, 1992
- Added Part IX to the Constitution: “The Panchayats” (Articles 243–243O).
- Added Eleventh Schedule: 29 subjects of rural importance transferred to Panchayats.
Features of the 73rd Amendment
1. Three-Tier System of Panchayati Raj
| Level | Body |
|---|---|
| Village | Gram Panchayat |
| Intermediate (Block/Taluk) | Panchayat Samiti |
| District | Zila Parishad |
Note:
In states with population less than 20 lakh, Intermediate level is not mandatory.
2. Gram Sabha
- Definition:
Body consisting of all adult residents (18+ years) of a village. - Functions:
- Approves Panchayat plans and budgets,
- Supervises activities of Panchayats,
- Acts as a watchdog.
Gram Sabha is the foundation of grassroots democracy.
3. Composition of Panchayats
- Direct election of members at all levels.
- Chairpersons:
- Village Panchayat — elected directly or indirectly,
- Panchayat Samiti and Zila Parishad — indirectly elected by members.
4. Reservation of Seats
| Category | Reservation |
|---|---|
| Scheduled Castes (SCs) | Reservation proportional to population |
| Scheduled Tribes (STs) | Reservation proportional to population |
| Women | One-third seats (including SC/ST seats) reserved |
(Many states like Bihar, Odisha, Maharashtra have increased it to 50% for women.)
5. Duration of Panchayats
- 5 years term from date of first meeting.
- Fresh elections must be held within 6 months if dissolved before term completion.
6. Powers and Responsibilities
State Legislatures decide powers and functions:
- Preparation of plans for economic development,
- Implementation of schemes related to:
- Poverty alleviation,
- Employment generation,
- Social justice,
- Rural development.
7. Finance of Panchayats
Sources of funds:
- State government grants,
- Local taxes, fees, and fines,
- Centrally-sponsored schemes.
State Finance Commission (set up every 5 years) recommends distribution of financial resources.
8. State Election Commission
- Conducts elections to Panchayats.
- Ensures free and fair Panchayat elections.
(Independent of Election Commission of India.)
Structure of Panchayati Raj
At the Village Level
| Institution | Details |
|---|---|
| Gram Sabha | General body of voters |
| Gram Panchayat | Executive body elected by Gram Sabha |
| Sarpanch | Head of Gram Panchayat |
At the Block Level
| Institution | Details |
|---|---|
| Panchayat Samiti | Middle tier of PRIs |
| Chairperson | Elected by members of Panchayat Samiti |
| Members | Elected representatives from Panchayats in Block area |
At the District Level
| Institution | Details |
|---|---|
| Zila Parishad | Apex body of Panchayati Raj at district level |
| President of Zila Parishad | Elected indirectly from among members |
| Members | Representatives from Panchayat Samitis, MPs, MLAs of district |
Eleventh Schedule: Subjects of Panchayats
(29 subjects transferred for Panchayat action)
Some key subjects:
- Agriculture, irrigation,
- Rural housing,
- Drinking water,
- Roads and rural electrification,
- Primary education,
- Health and sanitation,
- Welfare of weaker sections,
- Women and Child Development,
- Social forestry and minor forest produce.
Significance of Panchayati Raj
- Brings government closer to people,
- Encourages people’s participation in decision-making,
- Empowers women, SCs, STs,
- Promotes economic development at local level,
- Strengthens democracy.
“Democracy at the grassroots is the best guarantee for democracy at the top.” — Gandhiji
Problems and Challenges
- Lack of financial autonomy,
- Political interference,
- Illiteracy and ignorance among villagers,
- Poor capacity and training of Panchayat members,
- Gender and caste biases at local level,
- Delayed State Finance Commission and elections.
Recent Developments
- Increasing role of Gram Panchayats in implementing flagship schemes like:
- Swachh Bharat Abhiyan,
- MGNREGA,
- PM Awas Yojana,
- Jal Jeevan Mission.
- Efforts towards e-Panchayats and digitization for transparency.
Important Reports and Committees
| Report | Importance |
|---|---|
| Balwant Rai Mehta Committee (1957) | Proposed 3-tier system. |
| Ashok Mehta Committee (1977) | Proposed 2-tier system and direct Zila Parishad elections. |
| GVK Rao Committee (1985) | Strengthening district planning and development. |
| L M Singhvi Committee (1986) | Recommended constitutional status for Panchayati Raj. |
Important Articles Related to Panchayati Raj
| Article | Subject |
|---|---|
| 243 | Definitions |
| 243B | Constitution of Panchayats |
| 243C | Composition of Panchayats |
| 243D | Reservation of seats |
| 243E | Duration of Panchayats |
| 243K | Elections to Panchayats |
| 243I | State Finance Commission |
Comparison: Panchayati Raj vs Municipalities
| Feature | Panchayati Raj | Municipalities |
|---|---|---|
| Amendment | 73rd | 74th |
| Rural or Urban | Rural areas | Urban areas |
| Schedule | Eleventh Schedule | Twelfth Schedule |
Conclusion
Panchayati Raj Institutions are the soul of India’s democracy.
Their success depends on empowerment, adequate finance, political will, and people’s participation.
Strengthening PRIs is key to realizing Mahatma Gandhi’s dream of Gram Swaraj (self-rule at village level).
“Power to the People begins at the Panchayat.“
Important Quick Facts for Prelims & Mains
| Fact | Detail |
|---|---|
| 73rd Amendment Year | 1992 |
| Part Added to Constitution | Part IX |
| Number of Subjects Transferred | 29 (Eleventh Schedule) |
| Reservation for Women | Minimum 33% (many states 50%) |
| Minimum Population for Intermediate Level Panchayat | 20 lakh |
| Gram Sabha consists of | All adult villagers (18+) |