Temporary Special Provisions Notes with PDF

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Special Provisions in the Indian Constitution

1. General Provisions

• Article 371 of the Indian Constitution deals with special provisions for different states.
• Generally, India operates under a single Constitution for both the Union and all states.
• The state of Jammu & Kashmir was a historical exception to this rule.

2. Special Status for Jammu & Kashmir (Historical Context)

• The special status was granted under Article 370.
• Nature of Article 370: It was described as a “Temporary and Transitional Provision” in the Constitution.
• Key Implications:
  • Jammu & Kashmir had its own separate Constitution.
  • The only articles of the Indian Constitution that applied to Jammu & Kashmir on their own were Articles 1 and 370.
    • Article 1 declares India as a Union of States, which included Jammu & Kashmir.
• Head of State: The title was originally Sadr-e-Riyasat, which was changed to Governor in 1965.

3. Specific State Provisions under Article 371

• Article 371-A: Special provisions for the state of Nagaland.
• Article 371-B: Special provisions for the state of Assam.
• Article 371-J: Confers a special status for the Hyderabad-Karnataka region (now renamed Kalyana-Karnataka) of the state of Karnataka.

4. Special Category Status (SCS)

• Definition: A classification granted by the Central Government based on factors like hilly terrain, low population density, and strategic location.
• States with SCS: Include Sikkim, Himachal Pradesh, and Jammu & Kashmir.
• States without SCS: Bihar has never been granted Special Category Status.

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