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India is a diverse country with various regions, each having its unique socio-political and cultural identity. To accommodate this diversity, the framers of the Indian Constitution included special provisions for certain states under Part XXI of the Constitution, titled “Temporary, Transitional and Special Provisions.” These provisions aim to address the specific needs of these states or regions, ensuring that they are integrated into the Indian Union while maintaining their distinct identities. Articles 370, 371, and 371A to 371J grant special privileges to various states, safeguarding their cultural practices, resources, and administrative structures.
Context: Article 370 was a temporary provision that granted special autonomy to the state of Jammu & Kashmir (J&K) after its accession to India in 1947. It was designed to respect the unique political and cultural status of the state while ensuring its integration into India.
Key Provisions:
Impact: Article 370 gave J&K considerable autonomy but also limited the Indian government’s power in the state. Over time, it became a contentious issue, with calls for its abrogation due to the perception that it hindered full integration of J&K into India.
Recent Development: On August 5, 2019, Article 370 was effectively abrogated by a Presidential Order and Parliament’s resolution. J&K was reorganized into two Union Territories: Jammu & Kashmir and Ladakh, thereby ending its special status.
Context: Article 371 was introduced to ensure the equitable development of backward areas in Maharashtra and Gujarat, particularly in regions like Vidarbha, Marathwada, and Kutch.
Key Provisions:
Impact: Article 371 ensures that the backward regions in Maharashtra and Gujarat receive special attention in development planning and resource allocation. It addresses regional imbalances and fosters equitable growth across these states.
Context: Article 371A was enacted following the 16-Point Agreement between the Government of India and the Naga People’s Convention in 1960. The article was designed to protect the unique cultural and customary practices of the Naga people and to ensure their autonomy in matters related to land and resources.
Key Provisions:
Impact: Article 371A protects the distinct identity of the Naga people and ensures that their customary laws and land rights are preserved. It also gives the Nagaland Legislative Assembly significant powers in matters concerning the state’s resources and traditions.
Context: Article 371B was introduced to ensure adequate representation of the tribal areas in Assam within the state’s legislative framework, particularly after the unrest and demands from tribal populations for greater autonomy.
Key Provisions:
Impact: Article 371B gives the tribal regions of Assam greater political representation, ensuring that their developmental concerns and rights are addressed in the legislative process.
Context: Article 371C was introduced to address the concerns of the tribal population in the hill areas of Manipur, ensuring that they receive special attention in governance and development planning.
Key Provisions:
Impact: Article 371C ensures that the hill areas of Manipur, which are home to several tribal communities, receive focused attention in terms of governance and development. It provides a mechanism for political participation and decision-making for these regions.
Context: Article 371D and 371E were introduced to ensure regional equality in employment and educational opportunities in the erstwhile undivided Andhra Pradesh. This was in response to regional disparities between the more developed coastal areas and the backward regions of Telangana.
Key Provisions:
Impact: Articles 371D and 371E aimed to reduce regional disparities by ensuring that public employment and educational opportunities were distributed equitably across the different regions of Andhra Pradesh, with special attention to backward areas like Telangana.
Context: Article 371F was introduced after the merger of Sikkim with India in 1975, to protect the unique political and cultural identity of Sikkim while integrating it into the Indian Union.
Key Provisions:
Impact: Article 371F ensures that Sikkim’s distinct identity is preserved, even as it integrates into the Indian political system. The special provisions protect the state’s cultural and legal framework while ensuring its representation in the national legislative process.
Context: Article 371G was introduced to safeguard the social and cultural identity of the Mizos following the signing of the Mizo Accord in 1986, which ended years of insurgency in the region.
Key Provisions:
Impact: Article 371G protects the distinct cultural identity of the Mizo people and ensures that the state’s land and customary practices are not affected by national laws unless specifically approved by the state legislature.
Context: Article 371H was introduced to ensure that the Governor of Arunachal Pradesh has adequate powers to maintain law and order in the state, particularly given its strategic importance and its diverse tribal population.
Key Provisions:
Impact: Article 371H ensures that Arunachal Pradesh’s unique challenges, including its strategic location and diverse population, are adequately addressed by granting the Governor special powers to maintain law and order.
Context: Article 371I was introduced to provide special provisions for the state of Goa following its incorporation into India in 1961.
Key Provisions:
Impact: Article 371I ensures that Goa’s legislative framework is aligned with its unique status as a former Portuguese colony, protecting its democratic processes and representation.
Context: Article 371J was introduced to promote the development of the Hyderabad-Karnataka region, which lagged behind in socio-economic indicators compared to other parts of Karnataka.
Key Provisions:
Impact: Article 371J addresses the developmental challenges faced by the Hyderabad-Karnataka region, ensuring that its residents receive adequate opportunities in education and employment.
The special provisions under Part XXI of the Indian Constitution, from Article 370 to Articles 371A to 371J, reflect India’s commitment to accommodating its diverse regions and communities while ensuring national unity. These provisions offer insights into India’s federalism, where regional autonomy is balanced with national integration. Understanding these articles is essential for UPSC aspirants, as they represent the dynamic and inclusive nature of India’s constitutional framework.
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