Special Provisions: Articles 370, 371 and the Tribal Schedules
Key facts about India's asymmetric federal provisions for particular states, regions and tribal communities.
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Questions Covered in This Set
10 cards to master
Which Part of the Constitution contains 'Temporary, Transitional and Special Provisions'?
Part XXI (Articles 369–392).
What did Article 370 originally do?
It reflected J&K's Instrument of Accession — Parliament could legislate only on defence, external affairs and communications; anything more needed the State Government's concurrence, and other constitutional provisions applied only by Presidential Order.
What was Article 35A?
Added by the Constitution (Application to Jammu and Kashmir) Order, 1954, it let J&K define 'permanent residents' and reserve land, jobs and scholarships for them.
Why did Article 370 look practically permanent despite being 'temporary'?
Clause (3) required the recommendation of J&K's Constituent Assembly to declare it inoperative — but that body dissolved in 1957.
What happened on 5 August 2019?
Article 370 was rendered largely inoperative, and the J&K Reorganisation Act, 2019 split the state into two Union Territories: J&K (with a legislature) and Ladakh (without).
What did the Supreme Court hold in In re: Article 370 (Dec 2023)?
It upheld the abrogation, ruling J&K had no separate 'internal sovereignty' and Article 370 was transitional, while directing restoration of statehood and elections.
What makes Articles 371A (Nagaland) and 371G (Mizoram) the strongest special provisions?
Parliament's laws on religious/social practices, customary law, justice administration and land ownership do not apply unless the State Legislative Assembly so decides.
What does Article 371 provide for Maharashtra and Gujarat?
Governor's special responsibility for development boards for Vidarbha, Marathwada, Saurashtra and Kutch.
What do Articles 371D–E provide?
Equitable opportunities in public employment and education in Andhra Pradesh (and Telangana), enforced through an Administrative Tribunal.
How do Articles 371–371J differ from Article 370?
They sit under 'Special Provisions' not 'Temporary', were never tied to a dissolved Constituent Assembly, and can be changed only by amendment under Article 368.
