Part XXI special provisions, the history and abrogation of Art 370 (Jammu and Kashmir) and Art 35A, and the Art 371 to 371J special arrangements for several States, with the security dimension
Part XXI of the Constitution carries the "special provisions" for certain States, an example of India's asymmetric federalism. The two clusters CAPF tests are Art 370 (the former special status of Jammu and Kashmir, its 2019 abrogation, and the reorganisation into two Union Territories) and the Art 371 to 371J series (the State-specific arrangements, mostly for the North-East and a few others). This is a high-frequency current-affairs-anchored static topic, and it sits squarely in the security and internal-stability limb of the syllabus because almost every special provision exists to settle a regional, tribal or security concern. This note gives the Art 371 series table, the Art 370 timeline, and the abrogation facts. The standard references are Part XXI of the Constitution, the Jammu and Kashmir Reorganisation Act, 2019, and Laxmikanth's chapter on the special provisions for some States.
| Stage | Fact |
|---|---|
| Origin | Art 370, in Part XXI, was a "temporary" provision granting special autonomy to the State of Jammu and Kashmir, drafted with N Gopalaswami Ayyangar; it flowed from the conditions of accession in 1947 |
| Effect | The Union's legislative power over the State was limited largely to the matters in the Instrument of Accession (defence, external affairs, communications); other central laws applied only with the State's concurrence; the State had its own Constitution and flag |
| Art 35A | Added by a 1954 Presidential Order, it empowered the J&K legislature to define "permanent residents" and confer special rights (in property, employment, settlement); it was not debated by Parliament |
| Abrogation | On 5 August 2019, by a Presidential Order and resolutions of Parliament, the special status under Art 370 was rendered inoperative (Art 370 was effectively hollowed out, with only a shell remaining); Art 35A ceased to operate |
| Reorganisation | The Jammu and Kashmir Reorganisation Act, 2019 bifurcated the State into two Union Territories: Jammu and Kashmir (with a legislature) and Ladakh (without a legislature), with effect from 31 October 2019 |
| Court ruling | In In re Article 370 (2023), the Supreme Court upheld the abrogation, holding that Art 370 was a temporary provision and that the President had the power to issue the order; it directed that elections to the J&K Assembly be held and statehood restored in due course. Verify the latest status of statehood restoration |
Note the count of Union Territories changed as a result: J&K and Ladakh became Union Territories, and the number of States fell. Verify the current totals of States and Union Territories.
These provisions create tailored arrangements, often special responsibilities for the Governor, development boards, or protections of land and customary law. CAPF tests the Article-to-State pairing.
| Article | State | Core special provision |
|---|---|---|
| 371 | Maharashtra and Gujarat | Special responsibility of the Governor for development boards (Vidarbha, Marathwada; Saurashtra, Kutch) |
| 371A | Nagaland | Parliament cannot apply laws on Naga religious or social practices, customary law, land and resources without the Assembly's consent; special responsibility of the Governor for law and order |
| 371B | Assam | A committee of the Assembly for the tribal areas |
| 371C | Manipur | A committee of the Assembly for the hill areas; special responsibility of the Governor |
| 371D and 371E | Andhra Pradesh and Telangana | Equitable opportunities in employment and education across regions; provision for a Central University in Andhra Pradesh |
| 371F | Sikkim | Special provisions on accession (1975); the Governor's special responsibility for peace |
| 371G | Mizoram | Like Nagaland: protection of Mizo religious or social practices, customary law and land |
| 371H | Arunachal Pradesh | Special responsibility of the Governor for law and order |
| 371I | Goa | Provision relating to the size of the Legislative Assembly (a minimum of 30 members) |
| 371J | Karnataka | Special status and a development board for the Hyderabad-Karnataka (Kalyana-Karnataka) region (added in 2012) |
Note that 371D (Andhra Pradesh) is unusual in that it gives the President, not the Governor, the lead role through a structure of local-cadre reservation and an Administrative Tribunal.
India's federalism is not uniform. Beyond Part XXI, the Constitution differentiates among units in several ways: the Fifth and Sixth Schedules for tribal areas, the special category of Union Territories, the unequal allocation of Rajya Sabha seats, and the special provisions of Part XXI. The point CAPF can test is that "special status" is built into the constitutional design and is not unique to the former Art 370 arrangement.
Authored practice, not a verbatim PYQ.
The special provisions for some States are contained in which Part of the Constitution. (a) Part XX (b) Part XXI (c) Part XXII (d) Part XIX. Answer (b). Part XXI carries the special, transitional and temporary provisions.
Match the Article with the State. (1) 371A (2) 371F (3) 371G (4) 371J, with States: Sikkim, Karnataka, Nagaland, Mizoram. Answer 1-Nagaland, 2-Sikkim, 3-Mizoram, 4-Karnataka.
Consider the following about the 2019 reorganisation of Jammu and Kashmir. (1) The State was split into two Union Territories. (2) Ladakh was given a legislature. (3) Art 35A ceased to operate. How many are correct. (a) one (b) two (c) three (d) none. Answer (b). Statements 1 and 3 are correct; Ladakh was made a Union Territory without a legislature.
Article 35A, which empowered the J&K legislature to define permanent residents, was introduced by. (a) an Act of Parliament (b) a Presidential Order in 1954 (c) the State Constitution (d) the 42nd Amendment. Answer (b). It was added by a 1954 Presidential Order, not debated by Parliament.
Which Article gives the Governor of Nagaland a special responsibility and protects Naga customary law. (a) 371 (b) 371A (c) 371C (d) 371G. Answer (b).
| Often mixed up | The correct position |
|---|---|
| Art 370 vs Art 35A | Art 370 was the autonomy provision; Art 35A (a 1954 Presidential Order) defined permanent residents |
| 371A vs 371G | 371A is Nagaland; 371G is Mizoram (both protect customary law and land) |
| Ladakh's status | Ladakh is a Union Territory without a legislature; J&K is a Union Territory with one |
| 371D's authority | Art 371D (Andhra Pradesh) gives the lead role to the President, not the Governor |
| Temporary vs permanent | Art 370 was titled "temporary"; the Supreme Court relied on this in upholding the abrogation |