Special Provision For Some States
Introduction
The Constitution's unique rules for several states are covered in Part XXI. A select number of states have been classified as special category. When the Gadgil formula was authorized in 1969, the idea of Special Category Status was first introduced. In order to attain uniform growth, equality, and promote inclusive development, some states require special attention due to their non-uniformity, unequal development, tribal areas, backwardness, and people's desires. On the other hand, all of these special arrangements have emerged as a result of ongoing constitutional changes.
Historical Perspective
• The idea of Special Category Status was first presented in 1969 by the 5th Finance Commission in recognition of the historically disadvantageous status of several regions of the nation.
• Goal: To provide central assistance and tax breaks to underprivileged states as preferential treatment. Several states have received help from the National Development Council in the past as part of the Central Plan.
• At first, only Assam, Nagaland, and Jammu and Kashmir received special status.
• During the 4th 5-Year Plan (1969–1974), Assam, Nagaland, and Jammu & Kashmir were given special status.
• Note: On August 5, 2019, the Constitution (Application to Jammu & Kashmir) Order, 2019, was published by the President of India. The unique status granted to Jammu and Kashmir under Article 370 is revoked.
• Five more states were included in the special category between 1974 and 1979. They include Himachal Pradesh, Manipur, Meghalaya, Sikkim, and Tripura.
• Arunachal Pradesh and Mizoram brought the total of states having Special Category status to eleven in 1990. The state of Uttarakhand received Special Category Status in 2001.
Who Awards The States The Special Category Status?
The National Development Council bases its decision to give special category designation on the following criteria:
• Hilly and challenging terrain.
• Low density of people.
• A substantial tribal population is present.
• Ideally situated near international borders.
• Undeveloped economies and infrastructure
• State finances are not sustainable.
• The National Development Council, which oversees and directs the work of the planning commission, is made up of the prime minister, union ministers, chief ministers, and commission members.
Constitutional Rules
• Articles 371 to 371-J of Part XXI of the Constitution deal with particular provisions for specific states, including Maharashtra, Gujarat, Nagaland, Manipur, Mizoram, Assam, Andhra Pradesh, Sikkim, Arunachal Pradesh, Goa, and Karnataka.
• The Constitution did not initially have these unique clauses. However, they were taken into account by the many revisions made in the framework of the reorganization of the States or Union Territories.
The Purpose of The Special Provision For Some States
• To fulfil the expectations of the citizens of the United States' underdeveloped regions.
• To address the erratic law and order situation that several states' regions are experiencing.
• To safeguard the political, social, economic, and cultural interests of the States' native tribes.
• To safeguard local residents' interests in the states.
Special Considerations For Gujarat And Maharashtra
• The establishment of separate development boards for Vidarbha, Marathwada and the rest of Maharashtra, Saurashtra, Kutch and the rest of Gujarat, with the provision that a report on the working of these boards will be placed before the State Legislative Assembly every year, is one of the special responsibilities that the Governor of Maharashtra and of Gujarat would have under Article 371.
Special Provision For Nagaland
• Inserted by the Special Provision for Nagaland Thirteenth Amendment Act of 1962 the following special provisions are made for Nagaland under Article 371-A:
• Unless the State Legislative Assembly rules otherwise, Nagaland will not be subject to the following Acts of Parliament. the administration of civil and criminal justice involving decisions made in accordance with Naga customary law, Naga religious or social customs, Naga customary law and procedure and ownership and transfer of land and its resources, among other things.
• As long as the antagonistic Nagas continue to cause internal unrest in the state, the governor of Nagaland will have a unique obligation to maintain peace and order. After consulting the Council of Ministers, the Governor uses his own discretion to carry out this duty, and his decision is final. When the President directs, the Governor's unique responsibility will end.
• The Governor must make sure that any funds supplied by the Indian government from the Consolidated Fund of India for a particular purpose are only included in the demand for a grant related to that purpose.
• There should be a regional council for the Tuensang district with 35 members. The Governor should establish rules for the council's membership, method of selection, qualifications, terms, salaries, and allowances, the council's procedure and conduct of business, the appointment of officers and staff and the terms of their employment, and any other issue pertaining to the council's constitution and proper operation.
The following provisions would be in effect for the Tuensang district for a period of 10 years following the establishment of the state of Nagaland or for such additional period as the Governor may specify upon the proposal of the regional council:
• The Governor is responsible for overseeing the Tuensang District's administration.
• The Governor will, in his or her discretion, arrange for an equitable allocation of funds from the Centre between the rest of Nagaland and Tuensang District.
• Regulations for the Tuensang district's stability, development, and effective governance may be made by the governor.
• A member of the Nagaland Legislative Assembly who represents the Tuensang district will be chosen to serve as the Minister for Tuensang Affairs in the State Council of Ministers.
• The Governor, in his discretion, shall have the last say in all matters pertaining to the Tuensang district.
• The regional council chooses the Tuensang district's representatives to the Nagaland Legislative Assembly rather than the general public.
Special Provision For Assam
• Added by the Special Provision for Assam 22nd Amendment Act of 1969. According to Article 371-B, the President may designate the composition and duties of a committee of the state's Legislative Assembly made up of representatives chosen from the Tribal Areas.
Special Provision For Manipur
• The addition of the Special Provision for Manipur 27th Amendment Act of 1971. Article 371-C makes the following unique provisions for Manipur: The President may specify the composition and duties of a committee of the state's Legislative Assembly made up of representatives chosen from the state's Hill Areas. The Governor may be given special duty to ensure that committee operates properly, according to a directive from the President.
• The administration of the Hill Areas should be the subject of an annual report from the Governor to the President, and the Union's executive branch may direct the State Government in this regard.
Special Provision For Andhra Pradesh
Article 371-D, which was added by the 32nd Amendment Act of 1973, added the following special provisions for Andhra Pradesh:
• In terms of public employment and education, the President is empowered to offer citizens from different regions of the state equal chances and facilities, and different provisions may be created for different regions of the state.
• For the aforementioned reason, the President may demand that the State Government arrange civil positions in local cadres for various state regions and establish direct recruitment policies for any local cadre positions. In order to be considered a local area for admission to any educational institution, he may designate specific regions of the state.
• To resolve specific disputes and complaints relating to the appointment, allocation, or promotion to civil jobs in the state, the President may make provisions for the establishment of an Administrative Tribunal in the state.
• The Tribunal will operate independently from the State High Court. No court other than the Supreme Court shall have any authority over any case under the tribunal's jurisdiction. When the President determines that the tribunals continued existence is not required, he may abolish it.
• It will be necessary to revise Article 371-D in light of the creation of a distinct Telangana state. The Parliament is given the authority to establish a Central University in the state under Article 371-E.
Special Provision For Sikkim
Sikkim was given special provisions in the 35th Amendment Act of 1974, which gave it the status of an associate state of the Indian Union. A full-fledged state status was granted to it by the 36th Amendment Act of 1975. The following special provisions are included in Article 372-F for Sikkim:
• There should be at least 30 members in the Sikkim Legislative Assembly.
• Sikkim has been given one Lok Sabha seat, and it has one parliamentary district.
• The Parliament is given the authority to establish the following things in order to safeguard the rights and interests of the various Sikkim population groups: the number of seats in the Sikkim Legislative Assembly that may be filled by candidates from these groups, and the delineation of the Assembly constituencies from which candidates from these groups alone may run for office.
• The Governor would bear particular responsibility for maintaining order and establishing a fair system to guarantee the social and economic growth of the various segments of the Sikkim populace. The Governor will exercise his discretion while carrying out this duty, but only under the President's orders.
• Any law that is in effect in a state of the Indian Union may be expanded by the President to Sikkim.
Special Provision For Mizoram
Article 371-G, which was added by the 53rd Amendment Act of 1986, added the following particular provisions for Mizoram:
• If the State Legislative Assembly does not decide otherwise, Mizoram will not be subject to the following Acts of Parliament. A few of the topics covered are: Mizo customary law and procedure, Mizo religious or social practices, administration of civil and criminal justice involving decisions made in accordance with Mizo customary law and ownership and transfer of land.
• There should be at least 40 members in the Mizoram Legislative Assembly.
Special Provision For Arunachal Pradesh
Article 371-H of the 55th Amendment Act of 1986, which was adopted, added the following particular provisions for Arunachal Pradesh:
• Law and order in the state of Arunachal Pradesh will fall under the exclusive purview of the governor. The Governor uses his or her own discretion in carrying out this duty, consulting the Council of Ministers before making a final decision. When the President directs, the Governor's unique responsibility will end.
• There should be at least 30 members in Arunachal Pradesh's legislative assembly.
Special Provision For Goa
• Article 371-I of the Special Provision for Goa 56th Amendment Act, which was added in 1987, states that the Legislative Assembly of Goa must have at least 30 members.
Special Provision For Hyderabad-Karnataka Region
The 118th Amendment Act of 2012 added Article 371-J, which seeks to give the Governor of Karnataka the authority to take action to develop the Hyderabad-Karnataka Region, which includes the districts of Gulbarga, Bidar, Raichur, Koppal, Yadgir, and Bellary. The following actions for the region's development may be taken with the President's permission:
• Establishing a regional development board.
• Ensure that money for regional development expenses is distributed fairly.
• Students from the region have priority seating at educational and vocational training facilities in the area.
• To establish a reserve for residents of the region in State Government employment.
Benefits Under The Status of The Special Category
• 90% of all state expenditures for all centrally sponsored programs and outside assistance are covered by the central government, and the remaining 10% is given to the state as a zero-interest loan. For states in the general category, the typical loan-to-grant ratio is 70% loan and 30% grant.
• Receiving special consideration when applying for government funding.
• Reductions in excise taxes to draw enterprises to the state.
• States in the special category are given 30% of the total federal budget.
• These states have access to schemes for debt alleviation and debt shifting.
Concern Related To Special Category Status
• Any new state granted special treatment will spur demands from existing states, thus diluting the advantages.
• States are not economically benefited by pursuing special status because the benefits under the current system are meagre.
Recently Occurring Events
• Bihar, Odisha, Rajasthan, Goa, and Andhra Pradesh have all requested Special Category Status.
Conclusion
Among the articles from 371 to 371-J, Article 371-I, which deals with Goa, distinguishes noteworthy because it doesn't contain any "special" requirements. Telangana and Andhra Pradesh are likewise covered by Article 371-E, which is not "exceptional."