The Constitution of India Part XXI: Temporary, Transitional and Special Provisions (Article 369 - 392)
Part XXI: Temporary, Transitional and Special Provisions
Deals with provisions that were intended to be temporary or transitional during India's shift to a Republic, as well as special provisions for certain states to meet their unique historical, cultural, or developmental needs. This part is the foundation of "Asymmetrical Federalism" in India.
Special Status and Transitional Framework
Temporary provisions with respect to the State of Jammu and Kashmir
Originally provided a special autonomous status to J&K, limiting Parliament's power to make laws for the state to only specific subjects (Defense, Foreign Affairs, Communications).
Current Status: Operative provisions were effectively abrogated by the President in August 2019 via the Constitution (Application to Jammu and Kashmir) Order, 2019.
Special provision for Maharashtra and Gujarat
Authorizes the President to provide for the establishment of separate development boards for Vidarbha, Marathwada (Maharashtra), and Saurashtra, Kutch (Gujarat).
Purpose: To ensure equitable allocation of funds and facilities for technical education and vocational training in these regions.
Special provision with respect to the State of Nagaland
Parliament cannot legislate on Naga religious/social practices, customary law, or ownership of land/resources unless the State Legislative Assembly decides so.
Governor's Power: The Governor has special responsibility for law and order so long as internal disturbances continue.
Special provisions with respect to the State of Sikkim
Ensures the protection of the rights and interests of different sections of the population of Sikkim. Added after the 36th Amendment Act (1975) when Sikkim joined the Union.
Note: Parliament may provide for a number of seats in the Legislative Assembly for specific ethnic groups.
Continuance in force of existing laws and their adaptation
Ensures that all laws in force in the territory of India immediately before the commencement of the Constitution continue to be in force until altered, repealed, or amended by a competent Legislature.
Legal Stability: This prevented a legal vacuum during the transition from British rule to the Republic.
Power of the President to remove difficulties
Gave the President the power to direct that the Constitution shall, for a specified period, have effect subject to such adaptations as deemed necessary to remove transition difficulties.
Time Limit: This power was limited to a period of two years from the commencement of the Constitution.
🗺️ Special Provisions for Other States (371 Series)
⚖️ Landmark Judicial Context
In re: Article 370 Case (2023)
The Supreme Court of India unanimously upheld the Union Government's 2019 decision to abrogate Article 370. The Court held that Article 370 was a temporary provision and J&K did not retain any element of sovereignty after its accession to India.
Mangal Singh v. Union of India (1967)
The Court clarified the power of Parliament under transitional provisions. It held that while Parliament can amend schedules or laws during transition, it cannot use these powers to change the basic structure of the State or the Constitution.
📝 Constitutional Significance
Part XXI is vital for National Integration. While India is a Union, "one size" does not always fit all. By providing special status to North-Eastern states and tribal areas, the Constitution accommodates diverse ethnic identities and historical treaties. The "Temporary" nature of some articles allowed for a smooth changeover from the Government of India Act 1935 to the new sovereign democratic setup without disrupting the legal or administrative fabric of the country.
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