Sambhav-2024

• Introduce the answer by defining the special provisions.
• Explain the rationale and objectives behind the special provisions for some states under Part XXI of the Constitution.
• Evaluate the impact and effectiveness of the special provisions for some states as well as the challenges and limitations of these provisions.
• Conclude Suitably.

Special provisions are the constitutional arrangements that grant some degree of autonomy, protection, or preference to certain states or regions, in order to address their specific needs and aspirations.

• Part XXI of the Constitution contains special provisions for twelve states, namely, Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka.

The rationale and objectives behind the special provisions for some states are:

• To meet the demands of the people of backward regions of the states
• To protect the cultural and economic interests of the tribal people of the states
• To deal with the disturbed law and order condition in some parts of the states
• To protect the interests of the local people of the states

Some examples of the special provisions for some states are:

• Article 371 grants special responsibility to the Governor of Maharashtra and Gujarat for the establishment of separate development boards for Vidarbha, Marathwada, Saurashtra, and Kutch, and for ensuring equitable allocation of funds and opportunities for these regions.
• Article 371A grants special status to Nagaland, and provides that the Parliament cannot legislate on matters relating to the Naga religion, social practices, customary law, land rights, and civil and criminal justice, without the consent of the state assembly.
• Article 371F grants special status to Sikkim, and provides that the existing laws, customs, and rights of the Sikkimese people shall be respected and preserved by the Parliament and the state government.

The special provisions for some states have had a mixed impact and effectiveness on the development, security, and integration of these states. They have contributed to the following:

• They have helped in addressing the regional imbalances and disparities in the states, and in promoting the socio-economic development and welfare of the backward and tribal areas of the states.
• They have helped in preserving and protecting the distinct identity, culture, and traditions of the tribal and ethnic communities of the states, and in safeguarding their rights and interests.
• They have helped in resolving the political conflicts and insurgencies in some states, and in restoring peace and stability in the states.

These provisions have also posed some challenges and limitations, such as:

• They have created a sense of discrimination and inequality among the states and the regions, and have led to the demands for similar or more concessions and privileges by other states and regions.
• They have been misused or abused by the central or the state governments, or the governors, for political or personal gains, and have violated the constitutional principles and the rule of law.
• They have been ineffective or insufficient in addressing the root causes and the genuine grievances of the people of the states, and have failed to ensure their holistic and inclusive development and empowerment.

Conclusion

The Constitution has special provisions for some states to meet their needs and aspirations, but they also have some problems that need reforms. This will make the special provisions more fair, efficient, and beneficial for the states and the nation.