Question

Part XXI of the Indian Constitution, ‘Temporary, Transitional and Special Provisions’, includes special provisions for 11 states. Explain, why some states have been provided with special provisions under these provisions? Do these special provisions hinder the process of national integration or enhance it?

Answer 1

In Part XXI, there are articles, which provide special provisions to Maharashtra, Gujarat, Andhra Pradesh, Karnataka, Goa and six of the seven sister states of North East India. Articles 370 and 371 have been the part of Indian Constitution since it came into force on January 26, 1950. But Articles 371 A- I was incorporated later through various amendments under Article 368, which is described as “power of Parliament to amend the Constitution and procedure therefor”.

Reasons for providing special provisions

• To satisfy the needs and aspirations of the backward regions of the states: It ensured “equitable allocation of funds for developmental expenditure over the backward areas”, and “equitable arrangement providing adequate facilities for technical education and vocational training, and adequate opportunities for employment”. For example, Under Article 371, the Governor of Maharashtra has a special responsibility to establish “separate development boards” for regions like Vidarbha, Marathwada, in Maharashtra; while Gujarat has the power to do so in Saurashtra and Kutch.
• To protect the cultural and economic interests of the tribal people of states: The part mainly deals with protecting the customs and rituals of tribal people and this is the reason that six of the seven sister states of North-east India are there. For example, Article 371A provides that in Nagaland, the Indian 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 and its resources, without the state Legislative Assembly’s nod.
• Fissiparous tendencies: There were many active insurgent groups operating inside the Indian territory, mainly in North-east India. So to deal with the law and order situation various provisions were added like under Article 371H Governor of Arunachal Pradesh is vested with special responsibility for law and order of the state.
• To protect the interests of the local people of the states: Like under Article 371F, 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. The Governor of the state also has “special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population”.

The part includes only certain specific provisions and doesn't alter the relation between the Center and that state or provide the state with special Legislative powers or constitution of its own. It also provides certain extra safeguards to cope up with law and order situation or to protect the tribal population and also provisions for setting up of development boards for different regions and else. All this provisions have proved successful as we can see that insurgency in the north-east have reduced, providing special boards have provided a thrust to the region’s development. India was able to protect the local customs and traditions of most of the tribes also.

So the special provisions in the part XXI have helped us in national integration but their purpose still needs to be achieved properly. Many of the provisions can be removed once we fully achieve the objective. All the problems would have aggravated had these special provisions were not in place.