Special Status given to States under the Indian

Constitution

Table of Contents
 Introduction
 Special Status Given to States
o Temporary provisions for the State of Jammu and Kashmir
 History of Kashmir
 Present scenario post revocation
o Special provision for the States of Maharashtra and Gujarat
o Special provision for the State of Nagaland
o Special provision for the State of Assam
o Special provision for the State of Manipur
o Special provisions relating to the State of Andhra Pradesh or the State of
Telangana. Establishment of Central University in Andhra Pradesh
o Special provisions for the State of Sikkim
o Special provision relating to the State of Mizoram
o Special provision for the State of Arunachal Pradesh
o Special provision relating to the State of Goa
o Special provisions for the State of Karnataka
 Continuation of existing laws and their adaptation
 Presidential powers to adapt laws
 Presidential to make order in respect of persons under preventive detention in certain
cases
 Conclusion

Introduction
After going through all the Constitutional provisions granting special status to different
States, it might appear as unjust and contrary to the principle of equality which has been
adopted under our Constitution.

The thought might pop up in mind that when it has been well written in the Constitution
that every individual or group or State has to be provided with the same types of
opportunities then why provide for special status?

Well, a careful reading of the Constitution shall reveal that there is also a provision for
providing special benefits or reservations for persons or groups or States who are
backward or suffer from some serious issues.

These States are marred with various cultural, political, socio-economic, and other forms
of problems requiring special attention. Thus, these special statuses have been provided
so as to deal with and solve the problems with extra care.

Page 1 of 12
Special Status Given to States
Article 370 to Article 371 J deals with these special provisions.

Temporary provisions for the State of Jammu and Kashmir

Article 370 of the Constitution deals or better said used to deal with the special temporary
provisions of the State of Jammu and Kashmir.

Notwithstanding anything under the Constitution-

 The provisions of Art. 238 shall be inapplicable in relation to the State of Jammu
and Kashmir;
 The legislative powers of the Parliament for Jammu and Kashmir shall be
restricted to-
i) The matters which are enshrined in the Union List and the Concurrent List, which are
declared by the President, after consulting the State Government of Jammu and Kashmir,
of corresponding the matters in the instrument of accession.

ii) such other matters in the Union and the Concurrent list which the President may
specify by order in concurrence with the State Government. Thus such legislation can only
be done with the consent of the State Government in Jammu and Kashmir. For the
purposes of this Article, the State Government refers to anyone who is recognized as the
Maharaja of Jammu and Kashmir by the President acting on the advice of the Ministerial
Council for the time being in office under the Maharaja’s Proclamation of 1948.

 The provisions of Article 1 of the Constitution and of this Article shall be

applicable.
 Such other Constitutional provisions shall be applicable, subject to the alterations
specified by the Presidential order. No order without consulting with the State
Government shall be issued, if it relates to the Instrument of Accession of the
State. Also, no such order which relates to the matters except those referred to
in the Instrument of Accession shall be made without being consented from the
State Government.
The Constituent Assembly may decide on any matter placed before it after it has
concurred with the State Government if such matter relates to-

 The Union or the Concurrent List; or

 The Instrument of Accession.
Nothing in the subsequent provisions of this Article shall restrict the President from
declaring through public notification, this Article inoperative or limit the operation of this
Article. However, a recommendation from the Constituent Assembly shall be necessary
before the issuance of such notification.

History of Kashmir
India got its independence on 15th August 1947, after the lapse of the paramountcy of
the British crown and partition of British India into two dominions, i.e. India and Pakistan.
So during that time, the Princely States were given a choice of either to accede to the
Page 2 of 12
Indian dominion or the Pakistani dominion or to stay independent. The majority of the
Princely States acceded to India, with only Hyderabad and Kashmir deciding to stay
independent.

Kashmir was a Muslim majority state under the rule of a Hindu ruler, Maharaja Hari Singh,
and Pakistan sought this opportunity to annex Kashmir into its territory. On 27th October
1947, Pakistan made an intrusion by the use of invading forces into Kashmir. Maharaja
Hari Singh being incapable to deal with this Pakistan backed invasion came knocking at
the doors of the Indian Government and was told that only if Kashmir becomes an Indian
territory only then the Indian troops can be dispatched for saving the State of Kashmir.

At this pressurizing moment in order to save the State from annihilation in the hands of
Pakistan, Maharaja Hari Singh decided to sign the instrument of accession which would
thereby turn Kashmir into an Indian State and thus the Pakistani invasion would amount
into an invasion of India. The instrument of accession, alongside various other provisions
provided for the special status mentioned under Article 370.

Present scenario post revocation

Following the revocation, in expectation of clashes and violence to spike, a virtual

lockdown was imposed in Kashmir with all the communication lines cut and the leaders
like Omar Abdullah and Mehbooba Mufti placed under house arrest. As a preemptive
measure, Section 144 of the Criminal Procedure Code was imposed and additional
security forces were deployed.

Kashmir was bifurcated into two 2 union territories: Jammu & Kashmir (with legislature);
and Ladakh (exclusive of Legislature).

Special provision for the States of Maharashtra

and Gujarat
was imposed and additional security forces were deployed.

Kashmir was bifurcated into two 2 union territories: Jammu & Kashmir (with legislature);
and Ladakh (exclusive of Legislature).

According to Article 371; nothing under this Constitution abstains the President from
making an order with respect to the State of Maharashtra or Gujrat, providing any special
responsibility to the Governor for-

Establishing separate development boards for-

 Vidarbha,
 Marathwada, and the rest of Maharashtra,
 Saurashtra,
 Kutch, and
 The rest of Gujrat.

Page 3 of 12
Provided that an annual report on the working of these boards shall be placed before the
State Legislative Assembly.

1. The equitable fund allocation for the development expenses of the said areas,
subject to the requirements of the entire state.
2. Providing an equitable arrangement for-

 Adequate facilities for technical education and vocational training,

 Adequate employment opportunities for the service under the State
Government.
This was done for the purpose of ensuring equitable allocation of funds for meeting the
developmental expenses over the said areas, an equitable arrangement to provide
adequate facilities for technical education and vocational training, and adequate
employment opportunities under the state government.

After the state of Bombay was divided into Maharashtra and Gujarat, people from the
economically weaker regions of these newly created States started agitating on the
ground that if they are separated then the fund will be reduced thereby slowing down
their development. So under Article 371 of the Constitution, provision for the
establishment of separate development boards for Vidarbha, Marathwada, and rest of
Maharashtra and Saurashtra, Kutch, and rest of Gujarat have been made.

Special provision for the State of Nagaland

According to Article 371 A, notwithstanding anything in this Constitution-

 No Parliamentary Act in respect of the following shall apply to the State of

Nagaland unless decided by a resolution of the State Legislature-
i) religious and social practice of the Nagas,

ii) customary law and procedures of the Nagas,

iii) administration of civil and criminal justice in accordance with Naga customary laws,

iv) the transfer of land ownership, and its resources.

 The Governor of Nagaland shall have special responsibility and powers to deal
with the internal disturbances which are to be exercised after consulting the
Ministerial Council.
If any question arises regarding any matter on which the Governor has to act under this
sub-clause, he shall have the ultimate discretion, and the validity of anything done by him
in this regard shall be unquestionable.

If the President, after receiving a report from the Governor that the special responsibility
is no more required, then he may order through a notification on cessation of such
responsibility from a specified date.

 While recommending with respect to any demand for a grant the Governor shall
ensure that any money provided from the Union Government’s consolidated fund
is included in the demand and not for any other demand.
Page 4 of 12
  The Governor may by public notification specify the establishment of a regional
council for Tuensang district, with 35 members for such council. He shall also at
his discretion make provisional rules for
i) the composition of the regional council and the selection manner of its members;

ii) the qualifications for being selected and becoming the council member;

iii) the term for offices and the remunerations of the council members;

iv) the procedure and business conduct of the council;

v) appointment of officers and staffs for the council, and their service conditions;

vi) any other matters relating to the Constitution and proper functioning of the council.

Notwithstanding anything under the Constitution, the Governor may after being
recommended by the regional council, shall specify the following through public
notification –

1. That he shall carry on the administration of the Tuensang district.

2. That he shall equally allocate the Central’s money between the Tuensang district
and the rest of the State.
3. That no legislative act of the State Assembly shall be applicable on the Tuensang
district, unless he directs through a public notification in this regard, on being
recommended by the regional council. However, any such direction by the
Governor shall have retrospective effect.
4. He may make regulations for the peace, progress, and good government of the
Tuensang district, and such regulations may repeal or amend any Parliamentary
Act or other existing law of the district with retrospective effect.
5. One representative member from the Tuensang district in the Legislative
Assembly shall be appointed by the Governor and the Chief Minister as Minister
for affairs of the district. The appointed Minister shall deal with, and shall be able
to directly access the Governor in matters relating to the Tuensang district.
6. Notwithstanding any provisions under this article, the final decision relating to
any or all matters of the Tuensang district shall be taken by the Governor at his
discretion.
7. In the Articles 54, 55, and 80(4), reference to each or all the elected members of
a State Legislative Assembly shall include references to any or all members of
the Legislative Assembly of Nagaland.
If any difficulty arises in effecting any provisions under this article, the President is
empowered to order anything which he deems necessary for removing such difficulty.
However, no such order can be made after 3 years after the formation of the State of
Nagaland.

Also, under this article;

 the Kohima,
 The Mokokchung, and

Page 5 of 12
  The Tuensang,
shall have the same meanings as provided in the State of Nagaland Act, 1962.

These provisions were included in the Constitution after a 16-point agreement signed
between the Center and the Naga People’s Convention in 1960, leading to the creation of
the State of Nagaland in 1963. It also gives the Governor a special responsibility of law
and order situations in Nagaland, especially in case of internal disturbances occurring in
the Naga Hills-Tuensang Area.

Special provision for the State of Assam

According to Article 371 B; notwithstanding anything under this Constitution, the
President may specify by order, with respect to the State of Assam, the provision for
constitution and functions of a committee of the State Legislative Assembly which shall
consist of elected Tribal representatives of the Assembly and such other Assembly
members as may be specified in the order. Also, the order shall specify the modifications
to be made in the procedural rules of that Assembly.

This provision was included in the Constitution after the representatives of the Central
Government and the leaders of the Assam movement went on to sign a Memorandum of
Settlement (Assam Accord) in New Delhi on the 15th August 1985. A 6-year agitation
campaign demanding the identification and deportation of illegal immigrants was
launched by the All Assam Students’ Union (AASU) in 1979 which concluded with the
signing of the Assam Accord.

Following are some of the settlements reached through the Assam Accord between the
Government of India and the leaders of the Assam movement:

 The leaders of the Assam movement agreed to accept all the migrants who had
entered into the State prior to 1st January 1966.
 The Government of India identified various concerns of the Assamese people and
agreed to revise the electoral database on that date.
 The GOI agreed to secure the international border between India and Bangladesh
located at Assam by erecting walls, placing barbed wires, deploying security
forces, etc.
 All police charges against the leader of the Assamese movement from the
initiation of the movement until the signing of the accord were withdrawn.

Special provision for the State of Manipur

According to Article 371 C; notwithstanding anything in the Constitution, the President
may by an order in respect of the State of Manipur, make provisions for constituting and
functioning of a Legislative Committee which shall consist of the Assembly members
belonging from the hilly regions.

The Governor shall annually or depending upon the Presidential requirement, make a
report to the President regarding the administration of the hilly regions of the State, and
the executive power of the Central Government shall extend to directing the State on the
administration of those regions.
Page 6 of 12
Here “Hill regions” refer to those regions which are to be declared as such in the
Presidential order.

Special provisions relating to the State of Andhra Pradesh or the

State of Telangana. Establishment of Central University in Andhra
Pradesh

According to Article 371 D; the President may by order for these two States, provide, for
equal opportunities and facilities for people from different regions of these States, in
matters relating to employment and education.

An order so made by the President shall contain the following particulars-

1. Requiring the State Government to organize different classes of posts in the civil
services of these States;
2. Specify any part or parts of the State for being regarded as the local area for
various purposes;
3. Specifying the extent, the manner, and the conditions, subject to which the
reservation preferences shall be given or made in favor of the domicile students
in the local area.
The President may order for the establishment of an Administrative Tribunal for these
States to exercise such jurisdiction, powers, and authority as may be specified in the
order.

Any order made by the President may-

1. Authorize the Administrative Tribunal to receive representations for grievance

redressal and make necessary orders for dealing with them;
2. Contain necessary provisions relating to power, authorities, and procedures of
the Administrative Tribunal;
3. Provide for the transfer of the Administrative Tribunal for certain classes of
proceedings;
4. Contain necessary supplemental, incidental, and consequential provisions as the
President may deem fit.
The order of the Administrative Tribunal on any case shall be effective after the same has
been confirmed by the State Government, or on the expiration of a period of 3 months
from the date of its issuance. However, any order made by the Tribunal can be quashed
by a written order of the State Government, before it becomes effective.

Every such quashing order by the State Government shall be laid before both houses of
the State Legislature.

The High Court of the State shall have no superintending power over the Administrative
Tribunal and no court, excepting the Supreme Court, shall have any jurisdiction or power
over the matters of the tribunal.

The President was satisfied that the continued existence of the Tribunal as unnecessary
may pass an abolishment order.

Page 7 of 12
No appointment, posting, promotion, or transfer shall be deemed illegal or void merely
because such was not made in accordance with any existing law, providing for any
requirement as to the domicile of the State of Andhra Pradesh.

The provisions of this Article and any Presidential order shall have effect notwithstanding
anything in any other Constitutional provision or any other existing law.

The provisions under Article 371 D extends to both the State of Andhra Pradesh and the
State of Telangana.

According to Article 371 E, the Parliament may by law provide for the establishment of a
Central University in the State of Andhra Pradesh.

Special provisions for the State of Sikkim

According to Article 371 F;

 The State Legislative Assembly shall consist of at least 30 members;

 From the date of the commencement of the Constitution Amendment Act, 1975 –
i) the Sikkim Assembly shall be deemed the Legislative Assembly of the State;

ii) the sitting members shall be deemed as the duly elected representatives of the
Legislative Assembly; and

iii) the State Legislative Assembly of Sikkim shall have the same powers of a State
Legislative Assembly under this Constitution;

 In the case of Sikkim, the State Assembly shall be formed for a period of 4 years
as opposed to 5 in case of other States;
 The State of Sikkim shall have one seat in the lower house of the Parliament;
 The representative of the lower house for the State of Sikkim shall be elected by
the members of the State Legislative Assembly;
 Parliament may provide for reservation for a certain number of seats in the State
Assembly for sectional representations from the Sikkimese population;
 The Governor of Sikkim shall have special responsibility for peace and equitable
arrangement to ensure social and economic development of different sections of
the Sikkimese population;
 All properties located within the State border or outside shall vest in the State
Government;
 The High Court functioning as such within the territories of the state shall be
deemed as the High Court of the State on the day of appointment; same shall be
the case with the officers irrespective of the executive or judicial; and the
existing laws operating within these territories;
 Neither the Supreme Court or any other Court shall have the jurisdiction in
respect of any dispute arising out of any treaty, agreement, or any other
engagement relating to Sikkim which was entered into with the Government of
India before the day of appointment;
Page 8 of 12
  The President may by a public notification order, may extend any enactment
existing in any Indian State to the State of Sikkim;
 The President is empowered to issue any order for resolving any dispute, which
may arise while applying any provisions under this Article to the State of Sikkim.
However, such an order cannot be issued after two years from the date of the
appointment.
 All the things are done or actions taken within the state of Sikkim shall be valid
as long as they are done with the Presidential assent and conform with the
Constitutional provisions.

Special provision relating to the State of Mizoram

According to Article 371 G;

 No Parliamentary Act in respect of the following shall apply to the State of

Mizoram unless decided in a resolution by the State Assembly of Mizoram –
i) religious or social practices of the Mizos,

ii) customary and procedural laws of the Mizos,

iii)administration of civil and criminal justice in accordance with the Mizo customary law,

iv) land ownership and transfer.

The State Assembly of Mizoram shall consist of at least 40 members.

Special provision for the State of Arunachal

Pradesh
According to Article 371 H, notwithstanding anything under the Constitution,

1. The Governor shall be responsible with respect to law and order of the State of
Arunachal Pradesh and in the discharge of other related functions and shall
exercise his individual judgment after consulting the Ministerial Council. If any
question arises in relation to this regarding the authority of the Governor, the
decision of the Governor shall be deemed ultimate. Also, if the President is
satisfied that the Governor does not require the special responsibility anymore,
then he shall order the cessation of such responsibility from a date specified in
the order.
2. The State Legislative Assembly of Arunachal shall consist of at least 30
members.

Page 9 of 12
Special provision relating to the State of Goa
According to Article 371-I, the legislative assembly of this State shall consist of at least 30
members.

Through this special status, the State Government of Goa has been empowered to
separately legislate on the dealings of private property by the Goans.

Special provisions for the State of Karnataka

According to Article 371 J; the President may, by order with respect to this State, provide
the Governor with special responsibility for-

1. Establishment of a separate development board for the Hyderabad-Karnataka

region with a provision for the placement of the annual report of its working,
before the State Legislative Assembly;
2. Equitable fund allocation for meeting development expenses over the said
region;
3. Equitable opportunities for people of the said region in relation to public
employment, education and vocational training.
An order for providing such equal opportunities may provide for-

1. Reservations of seats in educational and vocational institutions of the said region

for domiciled students;
2. Identifying posts or classes of posts under the State Government in the said
region for the people domiciled by birth, for their direct recruitment or
promotion.

Continuation of existing laws and their adaptation

According to Article 372, notwithstanding the repeal of the enactments under Article
395 of the Constitution but subject to the other provisions of this Constitution, all existing
laws in the territory of India immediately preceding the commencement of this
Constitution, all the laws in force in the territory of India immediately before the
commencement of this Constitution shall continue in existence until altered or repealed or
amended by a competent Legislature or other competent authority.

For the purpose of bringing the provisions of any existing law within the territory of India
into accord with the Constitutional provisions, the President may by order make such
adaptations and modifications, either by repeal or amendment, as may be necessary or
expedient.

Nothing in the preceding proviso shall-

1. Empower the President in adapting or modifying any law after the expiration of 3
years from the date of commencement of this Constitution; or
2. Prevent any competent Legislature or authority from repealing or amending any
law which has already been done by the President.
Page 10 of 12
The expression “law in force” in this Article shall include a law passed or made by a
legislature or other competent authority within the Indian territory before the
commencement of this Constitution and not previously repealed.

Any law passed or made by a legislature or other competent authority within the Indian
territory which had immediate extra-territorial, before the commencement of the
Constitution.

Nothing in this article shall be construed as a continuation of any temporary existing law
beyond the date fixed for its expiration, or the date on which it would have expired if this
Constitution had become enforceable.

An Ordinance promulgated by the Provincial Governor under Section 88 of the

Government of India Act, 1935, and in force immediately preceding the commencing
operation of this Constitution shall, unless withdrawn by such Governor, cease to operate
at the expiration of 6 weeks from the first meeting after such commencement of the State
Legislative Assembly, functioning under Article 382 (1).

Presidential powers to adapt laws

According to Article 372 A, for the purposes of bringing the existing legal provisions in
India or in any part, immediately preceding the commencement of this Constitution, in
conformity with the provisions of this Constitution, the President may by an order made
before the 1st day of November 1957 make such legal adaptations and modifications,
either through repeal or amendment, and provide that such law shall, become effective
subject to the adaptations and modifications so made, and any such adaptation or
modification shall be unquestioned before the judiciary, from such date as may be
specified in the order.

Nothing under this Article shall prevent a competent legislature or other authority from
repealing or amending any law adapted or modified by the President.

Presidential to make order in respect of persons

under preventive detention in certain cases
According to Article 373, until provision is made by Parliament under Article 22(7), or until
the expiration of a year from the commencement of this Constitution, this article shall be
effective for making reference to the Parliament under Article 22(4) and 22(7).

Conclusion
There emerged a lot of controversies in the year 2019 after the special status of the State
of Jammu and Kashmir under Article 370 was withdrawn by abrogation. The Central
Government had made the abrogation after moving a draft resolution at the Rajyasabha
(Upper House), which introduced The Constitution (Application to Jammu & Kashmir)
Order, 2019.

The Order stated that all the Constitutional provisions shall be applicable in relation to the
State of Jammu and Kashmir. On the same day, the order was issued by the President.

Page 11 of 12
Thus ended a long term controversy related to providing the special status to Kashmir
and a new controversy emerged as to the procedural legality of the order.

With the special status of the State of Jammu and Kashmir being revoked there emerges a
new hope for us that someday the remaining special provisions for the rest of the States
shall also be withdrawn. After all, special treatment to anyone, even to a State is
repugnant to the essence of a democratic nation, where each and everyone has been
ensured equality.

Page 12 of 12