Article 371
Why in News?
Article 371 is a set of special constitutional provisions that let India accommodate regions with distinct histories, tribal systems, regional imbalances, or political circumstances. The Centre has now proposed a new Article 371K for Ladakh, which would be the first such provision designed specifically for a Union Territory without a legislature.
About Article 371
- The original Article 371, adopted in 1950, was a transitional provision, not a special-rights provision.
- It placed the governments of former princely states classified as Part B States—such as Hyderabad, Mysore, Jammu & Kashmir and Rajasthan—under the general control of the President for 10 years, or another period fixed by Parliament.
- The purpose was to help newly integrated princely states function within India’s constitutional and administrative framework.
- The States Reorganisation Act, 1956 and the Seventh Constitutional Amendment abolished the Part A/B/C classification; the original Article 371 was then replaced.
- Today’s Article 371 deals with Maharashtra and Gujarat, requiring special responsibility of Governors for development boards, equitable allocation of development funds, and opportunities in technical/vocational education and state employment for regions such as Vidarbha, Marathwada, Saurashtra and Kutch.
Why So Many Forms Exist?
Article 371 evolved into Articles 371A to 371J because India uses asymmetric federalism: different regions receive tailored constitutional arrangements where a uniform model would not address local historical, tribal, cultural or developmental concerns.
Article 371 evolved into Articles 371A to 371J because India uses asymmetric federalism: different regions receive tailored constitutional arrangements where a uniform model would not address local historical, tribal, cultural or developmental concerns.
| Provision | State/Region | Main Purpose |
|---|---|---|
| Article 371 | Maharashtra, Gujarat | Development boards and equitable funds, education and jobs for backward regions. |
| Article 371A | Nagaland | Protects Naga religious/social practices, customary law, and ownership/transfer of land and resources; certain parliamentary laws need Assembly approval. |
| Article 371B | Assam | Allows a committee of MLAs from Sixth Schedule tribal areas within the state legislature. |
| Article 371C | Manipur | Creates a committee for hill-area MLAs; Governor reports to the President on hill areas’ administration. |
| Article 371D & E | Andhra Pradesh | Provides equitable opportunities in education and public employment across regions, arising from Telangana–Andhra grievances. |
| Article 371F | Sikkim | Managed Sikkim’s integration into India after it became a state in 1975. |
| Article 371G | Mizoram | Protects Mizo customs, customary law, justice administration and land ownership; specified parliamentary laws do not apply automatically without Assembly approval. |
| Article 371H | Arunachal Pradesh | Gives the Governor special responsibility for law and order. |
What Article 371K Could Give Ladakh?
- Application: It would apply to a Union Territory without a legislature—a category not covered by existing Article 371 provisions.
- Elected body: It envisages a directly elected UT-level body with legislative, executive, budgetary, planning and financial powers.
- Legislative subjects: The body may legislate on land, culture and language, forests, environment, natural resources, and other subjects reserved for the UT under Article 240.
- Bureaucratic control: For subjects under the elected body, control and supervision of civil servants—including their APARs—would be exercised by the elected executive body.
- Employment and identity safeguards: The proposal is intended to protect Ladakh’s land, employment opportunities, culture, language, environment and natural resources.
