Introduction
Article 371 of the Indian Constitution provides special provisions for specific states and regions in India. These provisions were created to address the unique historical, cultural, and social circumstances of different areas. The aim is to protect local identities while keeping them integrated within the Indian Union.
Originally introduced in 1950, Article 371 gave temporary powers to the central government over certain Part B states. Over time, Parliament created Articles 371A to 371J, each addressing the needs of individual states or regions.
Article 371 – Key Objectives
- To safeguard customs, traditions, and cultural practices.
- To protect land ownership rights and local resources.
- To promote regional development and provide fair opportunities.
- To ensure political representation tailored to local conditions.
- To maintain unity in diversity within the Indian Constitution.
Special Provisions Under Article 371
1. Article 371A – Nagaland
Article 371A gives Nagaland special constitutional protection because of its unique culture, tribal customs, and history. It ensures that no Act of Parliament relating to Naga religious and social practices, customary laws, or land ownership rights applies to the state unless approved by the Nagaland Legislative Assembly. This safeguard protects the autonomy of Nagas in matters of inheritance, marriage, and traditional justice systems. It prevents outside interference in their land rights, which are deeply connected to tribal identity. Any change in these provisions requires special constitutional procedures, making them very difficult to dilute.
2. Article 371B – Assam
This article focuses on Assam’s Hill Areas, which have a distinct tribal population with separate traditions. Article 371B allows the creation of autonomous councils to manage local governance. These councils look after regional administration, education, resource management, and preservation of customs. The idea is to give self-rule to the hill tribes so they can protect their cultural practices and manage their own development without being overshadowed by the larger plains population of Assam. This arrangement balances local autonomy with integration into the state framework.
3. Article 371C – Manipur
For Manipur, Article 371C mandates the formation of a Hill Areas Committee within the Legislative Assembly. This committee has the responsibility to safeguard tribal interests, land rights, and socio-economic development of the hill people, who form a significant part of the population. The Governor also has special powers to oversee the administration of these areas and ensure that tribal communities are not marginalized. This article ensures that tribal voices are heard in governance and that they benefit from fair development policies.
4. Article 371D – Andhra Pradesh & Telangana
Article 371D was introduced to deal with the unequal distribution of opportunities between different regions of Andhra Pradesh (and later Telangana after bifurcation). It provides for fair allocation of public employment and educational opportunities. The article also gave authority to the President of India to issue orders ensuring equitable treatment of local candidates in jobs and admissions. Additionally, it provided for the establishment of a separate High Court for Andhra Pradesh. This safeguard was crucial to reduce regional disparities and prevent feelings of neglect.
5. Article 371E – Andhra Pradesh
This article empowers Parliament to establish a Central University in Andhra Pradesh. The aim was to boost higher education opportunities in the state and promote regional growth. By ensuring access to quality education within the state, it reduces dependency on institutions outside Andhra Pradesh. It also helps in the overall development of the youth, making them competitive in national fields.
6. Article 371F – Sikkim
When Sikkim merged with India in 1975, Article 371F was introduced to integrate the state while respecting its unique situation. It safeguards the political rights of Sikkimese citizens, ensuring representation for all communities, including smaller minority groups. It allows flexibility in the composition of the Legislative Assembly and guarantees continuity of existing laws until altered by the Sikkim Assembly. This helped maintain stability after Sikkim’s merger and ensured a smooth transition into the Indian Union while protecting local sentiments.
7. Article 371J – Karnataka (Hyderabad-Karnataka Region)
This provision focuses on the backward districts of the Hyderabad-Karnataka region (now called Kalyana Karnataka). It provides reservations in education and government jobs for residents of these areas. The aim is to uplift socially and economically disadvantaged communities by giving them better access to opportunities. This article also directs the state government to take special steps for regional development, ensuring that historically neglected areas catch up with the rest of Karnataka in terms of growth.
8. Article 371K – Maharashtra
Article 371K provides for the establishment of development boards in Maharashtra, especially for regions like Vidarbha and Marathwada, which have often complained of neglect compared to western Maharashtra. These boards are tasked with ensuring equitable distribution of funds, jobs, and educational facilities. The goal is to reduce regional disparities and promote balanced development. By mandating fair allocation, the article ensures that backward areas of Maharashtra receive their due share in the state’s progress.
Considering Ladakh
There have been discussions about extending Article 371-type protections to Ladakh. These may cover land rights, employment opportunities, and cultural preservation, though not full autonomy like the Sixth Schedule.
Difference Between Article 370 and Article 371
| Aspect | Article 370 | Article 371 |
|---|---|---|
| Application | Applied only to Jammu & Kashmir | Applies to multiple states/regions |
| Special Status | Gave autonomy to J&K | Provides special provisions to specific states |
| Historical Context | Based on J&K’s accession to India | Based on post-independence state formation |
| Revocation | Revoked in August 2019 | Still in force |
| Provisions | Covered governance, residency, property rights | Covers culture, land, employment, and administration |
| Impact | Political debates around Kashmir | Varies by state, strengthens local representation |
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Indian government website of Indian Constitution
https://legislative.gov.in/constitution-of-india/ This official website provides valuable information and resources related to labour laws, policies, and initiatives in India. Visitors can access a wide range of information
what is article 370 and 371
Article 370:
Granted special status to Jammu and Kashmir.
Revoked in 2019.
Article 371:
Provides special provisions for specific states/regions.
Aims to address unique circumstances.
Varies by region.
Which states come under Article 371?
Article 371 of the Indian Constitution grants special provisions to certain states and regions within India, including Andhra Pradesh, Assam, Goa, Gujarat, Karnataka, Maharashtra, Manipur, Mizoram, Nagaland, Sikkim, and Telangana.
Is Article 371 temporary?
No, Article 371 of the Indian Constitution is not temporary. It is a permanent provision that grants special provisions to certain states and regions within India.
What are the objectives of Article 371?
The primary objective of Article 371 is to address the concerns and aspirations of the local communities in different states and regions by providing them with certain autonomy and special privileges.
How does Article 371 impact local culture and traditions?
Article 371 helps preserve and promote local culture and traditions by allowing states and regions to enact laws and policies that are in line with their cultural heritage and social practices.