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UPSC Dictionary

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Article 32 was called the 'heart and soul of the Constitution' by Dr. B.R. Ambedkar.

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UPSC Dictionary

Article 371

Article 371 is a constitutional provision found in Part XXI of the Indian Constitution, which is titled "Temporary, Transitional and Special Provisions". The original Article 371 was part of the Constitution since its commencement on January 26, 1950, and initially granted the President power to control and supervise the governments of States specified in Part B of the First Schedule for a period of ten years. This was intended to address the administrative and political inexperience of the former princely states and ensure stability.

The current Article 371 and its subsequent clauses, 371A to 371J, grant special provisions to 12 states to address regional disparities, protect cultural interests, and maintain law and order. The original Article 371 was replaced and now specifically deals with Maharashtra and Gujarat, granting the Governor a special responsibility to establish separate development boards for regions like Vidarbha, Marathwada, Saurashtra, and Kutch to ensure equitable fund allocation and opportunities.

The mechanism works through various constitutional amendments, such as the insertion of Article 371A for Nagaland by the 13th Amendment Act, 1962, which protects Naga customary law, social practices, and land ownership from Acts of Parliament unless the State Assembly concurs. Similarly, Article 371F was inserted for Sikkim by the 36th Amendment Act, 1975, to safeguard its unique status and laws. Other clauses include Article 371J for the Hyderabad-Karnataka region (Kalyana Karnataka) in Karnataka, inserted by the 98th Amendment Act, 2012, which mandates a separate development board and reservation in education and employment.

The concept connects to the principle of asymmetrical federalism in India, where not all states have identical relationships with the Union. A significant recent change involves Article 371D, which was extended to Telangana by the Andhra Pradesh Reorganisation Act of 2014, following the state's creation. While Article 370 (which provided special status to Jammu and Kashmir) was abrogated in 2019, the provisions under Article 371 and its sub-clauses remain in force and have not been removed or substantially amended recently.

References

  • vajiramandravi.com
  • drishtiias.com
  • thehindu.com
  • constitutionofindia.net
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