UGC NET LAW (058) · UNIT 02 · MODULE 3: EMERGENCY, SPECIAL PROVISIONS AND ELECTIONS · TOPIC 11

Temporary, Transitional and Special Provisions (Part XXI)

The temporary and special provisions of Part XXI: Article 370, the Article 371 group for particular States, and Union Territories.

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  1. 11.1OverviewPart XXI (Articles 369–392) contains provisions that were transitional at the time of adoption, and special provisions for specific States reflecting their unique…
  2. 11.2Article 370: Special Status of J&KGranted J&K special autonomous status — most provisions of the Constitution applied to J&K only with Presidential concurrence/consent.
  3. 11.3Article 371: Special Provisions for StatesArticle 371: Maharashtra and Gujarat — Governor has special responsibility for certain regions Article 371-A: Nagaland — customary law and practices protected; Acts of…
  4. 11.4Union TerritoriesAdministered by President through Administrator/Lieutenant Governor (Articles 239–241).

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11.1Overview#

In brief

Part XXI (Articles 369–392) contains provisions that were transitional at the time of adoption, and special provisions for specific States reflecting their unique…

Part XXI (Articles 369–392) contains provisions that were transitional at the time of adoption, and special provisions for specific States reflecting their unique historical, cultural, or political circumstances.

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11.2Article 370: Special Status of J&K#

In brief

Granted J&K special autonomous status — most provisions of the Constitution applied to J&K only with Presidential concurrence/consent.

Granted J&K special autonomous status — most provisions of the Constitution applied to J&K only with Presidential concurrence/consent. Abrogated in August 2019 by Presidential Order CO 272. J&K reorganised into two Union Territories: J&K (with Legislature) and Ladakh (without Legislature). SC upheld the abrogation in Dr. Farooq Abdullah v. Union of India (2023) by 5-judge bench.

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11.3Article 371: Special Provisions for States#

In brief

Article 371: Maharashtra and Gujarat — Governor has special responsibility for certain regions Article 371-A: Nagaland — customary law and practices protected; Acts of…

  • Article 371: Maharashtra and Gujarat — Governor has special responsibility for certain regions

  • Article 371-A: Nagaland — customary law and practices protected; Acts of Parliament on Naga customary law require State Legislature's request

  • Article 371-B: Assam — committee of tribal area members in Legislature

  • Article 371-C: Manipur — similar committee

  • Article 371-D and E: Andhra Pradesh/Telangana — equitable opportunities in public services

  • Article 371-F: Sikkim — protection of rights and existing laws

  • Article 371-G: Mizoram — similar to Nagaland

  • Article 371-H: Arunachal Pradesh — Governor's special responsibility for law and order

  • Article 371-I: Goa — minimum size of Legislative Assembly

  • Article 371-J: Hyderabad-Karnataka region — reservation of seats

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11.4Union Territories#

In brief

Administered by President through Administrator/Lieutenant Governor (Articles 239–241).

Administered by President through Administrator/Lieutenant Governor (Articles 239–241). Article 239-A: Parliament can create a legislature for certain UTs. Delhi's unique status: Government of NCT of Delhi Act, 1991 created Delhi Legislative Assembly. Delhi LG vs. Delhi Government dispute repeatedly litigated — Government of NCT of Delhi v. Union of India (2018): Constitutional bench held LG is bound by Cabinet's aid and advice on most matters; Government of NCT of Delhi v. Union of India (2023): SC held Delhi government has control over services (later overridden by constitutional amendment).

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