Special Provision to some state 

Articles 371 to 371-J in Part XXI of the Indian Constitution provide special provisions for eleven states. These provisions aim to address the needs of backward regions, protect the cultural and economic interests of tribal populations, deal with law and order issues, and safeguard the interests of local communities. These provisions were not part of the original Constitution but were added through amendments.

Key Special Provisions for Some States:

• Article 371 (Maharashtra and Gujarat):
  The Governor is tasked with the “special responsibility” of establishing development boards for specific regions in these states—Vidarbha, Marathwada, and the rest of Maharashtra, as well as Saurashtra and Kutch in Gujarat. The aim is to ensure an equitable allocation of funds for development, as well as adequate facilities for technical education, vocational training, and employment opportunities.
  
• Article 371A (Nagaland – 13th Amendment Act, 1962):
  Following an agreement between the Center and the Naga People’s Convention, this article provides that Parliament cannot legislate on matters concerning Naga religion, social practices, customary laws, civil and criminal justice according to Naga customs, and land ownership and transfer without the state assembly’s approval.
  
• Article 371B (Assam – 22nd Amendment Act, 1969):
  This article allows the President to form a committee in Assam’s Assembly consisting of elected members from the state’s tribal areas.
  
• Article 371C (Manipur – 27th Amendment Act, 1971):
  The President can establish a committee in the Assembly for elected members from the Hill areas, and the Governor has special responsibility to ensure the committee’s proper functioning.
  
• Article 371D (Andhra Pradesh and Telangana – 32nd Amendment Act, 1973, amended by 2014 Re-organisation Act):
  This provision mandates the President to ensure equitable opportunities in public employment and education across the state. It also allows for local cadres in civil services for different parts of the state and regulates educational institution admissions.
  
• Article 371E:
  Allows for the establishment of a university in Andhra Pradesh through an Act of Parliament, though this is not considered a special provision like the others.
  
• Article 371F (Sikkim – 36th Amendment Act, 1975):
  Sikkim’s Legislative Assembly elects the state’s representative in the House of the People. The Constitution also allows Parliament to protect the rights of various groups in Sikkim by reserving seats for them in the Assembly.
  
• Article 371G (Mizoram – 53rd Amendment Act, 1986):
  Parliament cannot legislate on the religious or social practices of the Mizos, Mizo customary law, or land ownership and transfer, unless the Mizoram Assembly agrees.
  
• Article 371H (Arunachal Pradesh – 55th Amendment Act, 1986):
  The Governor of Arunachal Pradesh has special responsibility over law and order, and can act based on his judgment after consulting the Council of Ministers.
  
• Article 371J (Karnataka – 98th Amendment Act, 2012):
  This provision provides for a separate development board for the Hyderabad-Karnataka region, ensuring equitable allocation of resources for development, as well as reservations for the region’s people in education and government jobs.
  

Asymmetrical Federalism in India:

Asymmetric federalism refers to a system where different regions or states within a country have unequal powers or arrangements with the central government, reflecting their unique socio-economic, cultural, and political conditions. In India, this concept manifests in both vertical (between the center and the states) and horizontal (among states) forms.

Evidence of Asymmetry in India:

• A Strong Union:
  The Union government holds significant powers, including residuary powers, emergency provisions, the ability to initiate constitutional amendments, and the imposition of President’s Rule, which grants the Union overriding authority in times of crisis.
  
• Special Provisions for Some States:
  Various states, especially those that are economically backward or face internal security challenges, are granted special provisions to address their unique needs. For instance, the Sixth Schedule provides autonomy to tribal areas in four northeastern states.
  
• Population-Based Allocation of Parliamentary Seats:
  The allocation of seats in Parliament is not uniform but is based on state population, which can lead to uneven political power.
  
• Special Category Status (SCS):
  Eleven states receive Special Category Status to address their financial disadvantages arising from factors like geographical difficulties, low socio-economic development, or difficult terrain.
  

Reasons for Asymmetrical Federalism in India:

• Political:
  To maintain national unity and integrity, India has addressed the grievances of historically backward or indigenous communities to avoid separatism and ensure a stable government. This has resulted in more autonomy for states in the Sixth Schedule, special powers for Jammu and Kashmir, and a stronger central government to ensure uniformity.
  
• Social:
  Social development in India has not been uniform, with southern states generally ahead in areas like literacy and maternal health. To address this imbalance, the government has introduced special provisions for underdeveloped states, such as protection for tribal areas.
  
• Economic:
  Industrial and economic development in India has been geographically uneven. To correct this, the central government has provided special provisions for backward states, such as financial assistance, higher shares in centrally sponsored schemes, and the allocation of specific resources for their development.
  

Conclusion:

India’s asymmetrical federalism arises from its diverse socio-economic and political landscape. This model helps in addressing the aspirations of various states, promoting social and economic democracy, and ensuring regional harmony. It is crucial for preventing discontent and separatism, contributing to the country’s overall unity and integrity.