Article 371: Everything You Need to Know

What Is Article 371?

The central government has no intention of amending any of the legal provisions applicable to the Northeast and other regions of India provided under Article 371

Key Points

• The subject of Article 371 makes several region-specific accommodations
• It came up in court when there were concerns that the central government might abrogate the special provisions for the Northeast in the same manner as it did with Article 370, which gave special status to Jammu and Kashmir.
• An SC bench led by Chief Justice of India D.Y. Chandrachud is currently hearing a batch of petitions raising a challenge to Article 370’s abrogation in 2019 and subsequent bifurcation of Jammu and Kashmir into two Union territories — J&K and Ladakh.
• At the time of the split of Jammu & Kashmir too, Union Home Minister Amit Shah had stated to the media that “Article 371 will not be touched”.

About Article 371

• Article 371 and its clauses come under Part XXI of the Constitution, which provides for “temporary, transitional, and special provisions” for various states.
• Both Article 370 and Article 371 have been part of the Constitution of India since its formation in 1950.
• While Article 370 gave special status to J&K, Article 371 provided special provisions for Maharashtra and Gujarat.
• Clauses pertaining to other states under Article 371 were incorporated later via amendments.

List of States Under Article 371

The following table provides the list of articles and associated state as per Article 371.

Articles 371 to 371-J

Article 371, Maharashtra and Gujarat

Governor has “special responsibility” to establish “separate development boards” for “Vidarbha, Marathwada, and the rest of Maharashtra”, and Saurashtra and Kutch in Gujarat;.

Article 371A (13th Amendment Act, 1962), Nagaland

This provision was inserted after a 16-point agreement between the Centre and the Naga People’s Convention in 1960, which led to the creation of Nagaland in 1963. Parliament cannot legislate in matters of Naga religion or social practices, Naga customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law, and ownership and transfer of land without concurrence of the state Assembly.

Article 371B (22nd Amendment Act, 1969), Assam

The President may provide for the constitution and functions of a committee of the Assembly consisting of members elected from the state’s tribal areas.

Article 371C (27th Amendment Act, 1971), Manipur

The President may provide for the constitution of a committee of elected members from the Hill areas in the Assembly, and entrust “special responsibility” to the Governor to ensure its proper functioning.

Article 371D (32nd Amendment Act, 1973, Andhra Pradesh and Telangana

which was added to the Constitution in 1974, provides equitable opportunities and facilities for the people of the state and safeguards their rights in matters of employment and education. The state government may organise civil posts or direct recruitment to posts in local cadre as required.

Article 371E

Allows for the establishment of a university in Andhra Pradesh by a law of Parliament. But this is not a “special provision” in the sense of the others in this part.

Article 371F (36th Amendment Act, 1975), Sikkim

The members of the Legislative Assembly of Sikkim shall elect the representative of Sikkim in the House of the People. To protect the rights and interests of various sections of the population of Sikkim, Parliament may provide for the number of seats in the Assembly, which may be filled only by candidates from those sections.

Article 371G (53rd Amendment Act, 1986), Mizoram

Parliament cannot make laws on “religious or social practices of the Mizos, Mizo customary law and procedure, administration of civil and criminal justice involving decisions according to Mizo customary law, ownership and transfer of land… unless the Assembly… so decides”.

Article 371H (55th Amendment Act, 1986), Arunachal Pradesh

The Governor has a special responsibility with regard to law and order, and “he shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken”.

Article 371I deals with Goa

but it does not include any provision that can be deemed ‘special’.

Article 371J (98th Amendment Act, 2012), Karnataka

Article 371J grants special status to six backward districts of Hyderabad-Karnataka region. The special provision requires that a separate development board be established for these regions (similar to Maharashtra and Gujarat) and also ensures local reservation in education and government jobs.

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