Part XXI: India's Federal Tapestry

Exploring the Constitutional Articles that Define India's Unique Federal Structure and Regional Diversity (Articles 369-392 of the Indian Constitution)

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The Unique Nature of Part XXI

Part XXI stands as a testament to the framers' foresight, allowing for a flexible and adaptable approach to governance during India's formative years and its subsequent evolution. It encompasses provisions with distinct objectives.

Temporary Provisions

Designed to operate only for a specified period and then lapse automatically. These were crucial for managing immediate post-independence challenges.

Time-bound & Transient

Transitional Provisions

Intended to facilitate a smooth changeover from the pre-Constitution legal and administrative system to the new constitutional order, ensuring continuity and avoiding a vacuum.

Smooth Transition

Special Provisions

Aimed at addressing the peculiar needs, socio-economic backwardness, historical agreements, or cultural distinctiveness of certain states. These have largely continued indefinitely.

Enduring Adaptations

Past Imperatives: Lapsed & Transitional Articles

These provisions played a crucial role in India's early days, ensuring stability and continuity, and have since either ceased to operate or served their primary transitional purpose.

Article 369: Temporary Power to Parliament

Enabled Parliament for five years (until 1955) to legislate on specific State List matters (like essential commodities). This was vital for managing supplies and stability in the immediate post-independence period.

Status: Lapsed (No longer operative).

Article 372: Continuance of Existing Laws

Ensured all pre-Constitution laws (e.g., IPC, CrPC) remained in force until explicitly altered or repealed by competent authority. The President was empowered to adapt these laws to align with the new Constitution.

Status: Served purpose (Ensured legal continuity).

Article 392: Power to Remove Difficulties

Granted the President temporary power to issue orders to overcome any difficulties encountered during the initial transition to the new constitutional system.

Status: Lapsed (Meant for a temporary period and utilized).

Article 370: Jammu & Kashmir's Evolving Status

A highly debated and significant provision, Article 370 granted special status to Jammu and Kashmir, which has since undergone fundamental changes, culminating in its effective abrogation.

Original Provisions & Special Autonomy

Granted special autonomous status to J&K, distinct from other states. Parliament's power to make laws for J&K was limited to defence, foreign affairs, and communications, unless the State Government concurred. J&K also had its own Constitution and Ranbir Penal Code.

Progressive Integration via Presidential Orders

Over the decades, through various Constitution (Application to J&K) Orders (e.g., the significant 1954 Order) issued by the President under Article 370(1)(c), many provisions of the Indian Constitution were progressively extended to J&K, gradually integrating it.

August 2019: Effective Abrogation of Special Status

  • C.O. 272 (Aug 5, 2019): Superseded the 1954 Order, applying all provisions of the Indian Constitution to J&K. Crucially, it modified Article 370(3) to replace "Constituent Assembly of the State" with "Legislative Assembly of the State" (whose powers were with Parliament during President's Rule).
  • Parliamentary Resolution: A resolution was passed recommending to the President to declare Article 370 inoperative.
  • C.O. 273 (Aug 6, 2019): Declared all clauses of Article 370 inoperative, except clause (1) which was modified to state that all provisions of the Indian Constitution apply to J&K. This effectively abrogated the special status.
Concurrently, the Jammu and Kashmir Reorganisation Act, 2019, bifurcated the State into two new Union Territories: UT of Jammu & Kashmir (with a legislative assembly) and UT of Ladakh (without).

December 2023: Supreme Court's Unanimous Verdict

A five-judge Constitution Bench of the Supreme Court unanimously upheld the abrogation of Article 370's special status for J&K and the J&K Reorganisation Act, 2019.

  • Ruled Article 370 was a temporary provision and not permanent.
  • Confirmed the President's power to abrogate Article 370 existed.
  • Upheld the reorganisation of J&K into UTs as constitutionally valid.
  • Ordered ECI to take steps to hold elections in the UT of J&K by September 2024.

Significance & Impact:

The abrogation of Article 370 and its legal validation by the Supreme Court mark a fundamental shift in India's federal landscape, aiming for complete integration of J&K into the Union, while also raising ongoing debates on federalism, state autonomy, and regional identity.

Special Provisions for States (Articles 371-371J)

These articles address the unique needs, historical contexts, and socio-cultural identities of various Indian states, fostering unity through the recognition of diversity and asymmetric federalism. Click on each state to learn more.

Empowers the President to make provision for the Governor to have special responsibility for:

  • Establishment of separate development boards for Vidarbha, Marathwada, and the rest of Maharashtra, and Saurashtra, Kutch, and the rest of Gujarat.
  • Equitable allocation of funds for development expenditure in these areas.
  • Equitable arrangement for technical education, vocational training, and employment opportunities in state services for these regions.
Purpose: To address regional imbalances and ensure equitable development in historically backward areas within these states.

This article protects Naga religious/social practices, customary law & procedure, administration of civil/criminal justice involving Naga customary law, and ownership & transfer of land and its resources. Acts of Parliament on these matters shall not apply to Nagaland unless the State Legislative Assembly by a resolution so decides. The Governor also has a special responsibility for law and order. Purpose: To protect the unique cultural and customary rights of the Nagas, reflecting historical agreements.

Empowers the President to make provision for the constitution and functions of a committee of the Legislative Assembly of Assam, consisting of members elected from tribal areas specified in the Sixth Schedule and other members. Purpose: To ensure the proper administration and development of tribal areas in Assam and involve their representatives in the legislative process.

Similar to Assam, makes provision for a committee of the Legislative Assembly elected from the Hill Areas of the State. The Governor has a special responsibility to ensure the proper functioning of this committee. Purpose: To protect the interests of the people residing in the predominantly tribal Hill Areas of Manipur.

Article 371D (Equitable Opportunities): Provides equitable opportunities and facilities for people belonging to different parts of the state (Andhra Pradesh, and post-bifurcation, Telangana as well) in public employment and education. It allows the President to require the State Government to organize civil posts into local cadres and provides for the establishment of an Administrative Tribunal for service matters.

Article 371E (Central University): States that "Parliament may by law provide for the establishment of a University in Andhra Pradesh." This enabled the establishment of the Central University in Andhra Pradesh. Purpose: To ensure equitable opportunities and resolve disputes related to public employment and education within the state.

(Inserted by the 36th Constitutional Amendment Act, 1975) Deals with Sikkim's admission into the Union, composition of its Legislative Assembly (minimum 30 members), the Governor's special responsibility for peace and equitable arrangement for the social/economic advancement of different sections, and the protection of the rights of different groups. Purpose: To address the unique terms of Sikkim's merger and protect its distinct identity and interests.

Similar to Nagaland (Article 371A), acts of Parliament regarding Mizo religious/social practices, customary law/procedure, administration of civil/criminal justice involving Mizo customary law, and ownership/transfer of land shall not apply unless the Mizoram Legislative Assembly so decides by a resolution. Purpose: To protect Mizo cultural identity and customary practices, based on the historical context of its statehood.

The Governor has a special responsibility for law and order. The Governor acts in their discretion after consulting the Council of Ministers, and their decision is final. This responsibility ceases if the President so directs. Purpose: To ensure peace and stability, particularly in a sensitive border state that was earlier a Union Territory.

Stipulates that the Legislative Assembly of Goa is to consist of not less than 30 members. Purpose: To ensure a viable and representative legislative body for the smaller state.

(Inserted by the 98th Constitutional Amendment Act, 2012) This article addresses the peculiar needs of the backward Hyderabad-Karnataka region (now renamed Kalyana Karnataka) within the State of Karnataka. It empowers the President to make provision for the Governor to:

  • Establish a separate development board for the region.
  • Ensure equitable allocation of funds for development.
  • Provide reservation in educational and vocational training institutions.
  • Provide reservation in state government posts for persons from the region.
Purpose: To address regional disparities and promote inclusive development in a historically backward region.

Conclusion: Enduring Relevance of Part XXI

Part XXI, particularly its "special provisions" from Articles 371 to 371J, reflects the Constitution's remarkable adaptability and the dynamic nature of Indian federalism.

Unity in Diversity

These provisions are vital instruments for managing India's diverse socio-cultural and regional dynamics. They allow the Union to accommodate peculiar needs and aspirations of states, fostering a sense of inclusion rather than forced uniformity, thus strengthening national integration.

Dynamic Federalism

Part XXI showcases the living nature of the Constitution, its ability to adapt to changing political and social landscapes while retaining its core federal principles. The recent developments around Article 370 highlight this ongoing evolution, demonstrating the Constitution's capacity to evolve and respond to complex challenges within a unified framework.

UPSC Previous Year Questions

Test your understanding with these questions from previous UPSC Civil Services Examinations.

Question Type Year Question Summary Answer / Key Insights
Prelims MCQ 2019 Statements on 98th CAA, 2012, inserting Article 371J for Karnataka. Both statements are correct. Article 371J deals with special provisions for the Hyderabad-Karnataka region of Karnataka.
Prelims MCQ 2016 Which article makes special provision for the State of Nagaland? Article 371A is specific to Nagaland, covering customary laws, land, etc.
Prelims MCQ 2010 The provisions of the Constitution relating to temporary, transitional, and special provisions are contained in which Part? Part XXI (Articles 369-392).
Mains GS II 2023 Supreme Court's recent verdict on Article 370: key findings and implications for federal structure. Key findings: Article 370 was temporary, President's abrogation power valid, J&K reorganisation valid, direct ECI for elections by Sep 2024. Implications: Affirms Union's authority, precedent for "temporary" provisions, highlights asymmetric federalism.
Mains GS II 2020 Special provisions for certain States in Part XXI are vital for managing India's diverse socio-cultural and regional dynamics. Discuss with examples. Discuss Articles like 371A (Nagaland - customary laws), 371C (Manipur - Hill Areas), 371J (Karnataka - regional backwardness), 371F (Sikkim - unique integration). These provisions accommodate unique needs, prevent secessionism, ensure balanced development, and reinforce unity in diversity.
Mains GS II 2014 Evaluate significance of Article 370 for J&K's special status. Discuss implications of its abrogation for India's federal structure. Pre-2019: Limited Union power, separate J&K Constitution, symbol of autonomy. Post-2019 (implications): Full integration of J&K, increased Union control, debates on federalism, potential precedent for other special provisions, impact on J&K's identity. (Note: Answer reflects 2014 foresight, now validated by 2019 actions and 2023 SC verdict).