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Special Provisions for Some States

Our Constitution grants special provisions for some socio-economically challenged states. These provisions aid in the uniform development of the state.

Table of Content

Part XXI of the Indian Constitution contains specific Articles connected to the allotment of temporary, special provisions for some states. These special provisions refer to the grant of specific amenities or facilities by the Central Government to earmarked states. This is aimed to help them develop at par with others.

The decision of issuing special provisions for some states is based on the unique Gadgil formula. This formula uses parameters like per capita income, population, tax and ongoing projects in the state. Based on these, it is deemed whether the state is eligible for special category status (SCS) or not.

Purpose of Providing Special Provisions for Some States

The objectives to grant special provisions for some states are:

To support the development of certain states that are comparatively underdeveloped. The causes of underdevelopment are primarily governed by social, geographical, economic and political factors
To provide added facilities to states that are infrastructurally backwards
To safeguard the cultural identities and customs of tribals belonging to those states
To provide financial assistance and greater grants-in-aid for industrial development
To reinforce lawful decorum in the state

Criteria for Eligibility to Obtain Special Provisions

The National Development Council (NDC) is an administrative body of the Central Government. This Council decides on awarding special provisions for some states. The yardsticks to consider if a state is eligible for special provisions are

Socio-economic backwardness
Geographical limitations, for example, inaccessible terrains, like hilly areas
Sensitivity of location, mainly along international borders
Financial and infrastructural constraints
Low population density
Presence of a substantial percentage of tribal communities
Unfeasible quantities of state finances

The Indian States with Special Provisions

The 5th Finance Commission in 1969 established special provisions for some states, granting them Special Category Status (SCS). The table below illustrates the Articles of the Constitution granting special provisions to these states.

Article	States Concerned	Special Provisions
370	Jammu & Kashmir	* Abrogated in 2019 *
371	Maharashtra & Gujarat	Establishment of separate developmental boards for Vidarbha, Marathwada and the rest of Maharashtra. Establishment of separate developmental boards for Saurashtra and Kutch in Gujarat. Allocation of funds for developmental activities. Resources for education and vocational training. Scope of employment.
371A	Nagaland	The Centre cannot interfere in matters related to religion, customs and social practices. Civil and criminal justice is accorded on the basis of Naga laws. No buying or selling of property/land without the state’s agreement. Regional council to be established at Governor’s discretion.
371B	Assam	State Legislative Assembly shall include members representing tribal communities. Introduction of Bills for development of people from hilly areas.
371C	Manipur	State Legislative Assembly shall have representations from people of hilly areas. The governor is responsible for the administration of the hill areas.
371D/E	Andhra Pradesh and Telangana	Development of backward areas of the state. Better facilities for education and employment. Reservations for domicile students in state civil services. Establishment of a Central University in Andhra Pradesh.
371F	Sikkim	Provision of one seat each in Lok Sabha and Rajya Sabha. Governor to have control over socio-economic decisions. All properties are to be under the regulation of the State Government.
371G	Mizoram	Centre cannot interfere in matters related to social practices and traditional customs of the Mizos. Civil and criminal justice are to be accorded as per Mizo laws. Buying and selling property is at the discretion of the state government. State Assembly to have a minimum of 40 members.
371H	Arunachal Pradesh	Governor has supreme control over the law and order of the state. State Assembly to have a minimum of 30 members.
371I	Goa	State government has authority over the transfer or acquisition of property and land. State Assembly to have a minimum of 30 members.
371J	Karnataka	Establishment of a separate developmental board for the Hyderabad-Karnataka region. Allocation of suitable funds for development. Better facilities for education, vocational training and employment. Reservation of seats for domicile students of said region in education and employment.

Perks of Receiving Special Provisions

There are a number of benefits associated with receiving special provisions. These can be utilised effectively in the improvement of the concerned states.

90% of state expenditure funds are sponsored by the Central Government
Provision of state loans at zero per cent rate of interest
The amount left unspent after a financial year is carried forward and does not lapse
Considerable cuts in income tax, GST and service tax
Exemption from customs and excise duties
Allocation of a sizeable amount of Central funds for state developmental projects
Special waivers in the form of debt relief plans

Some Issues of Concern Regarding Special Provisions

As much as it is aimed at the overall well-being, the grant of special provisions for some states also has its share of limitations.

It raises uncomfortable questions regarding the status of equality in all states
It may cause unnecessary tensions, disturbing the united fabric of the country
The states granted special provisions may feel a sense of alienation or discrimination
The benefits may not always be delivered as promised

It leads to other states demanding special provisions also, leading to disharmony.

Conclusion

The idea of granting special provisions for some states originated in 1969. Since then, there has been a lot of development in the states that come under this special category. It has led to the uniform progress of these states in education, employment, preservation of customs, and overall inclusive development.The Constitution of India does not have any provision of a “special category state”. But amendments to certain Articles have created opportunities for granting these provisions. The main intention should be to uplift and promote actual development to make all states at par.

Frequently asked questions

Get answers to the most common queries related to the Karnataka PSC Examination Preparation.

Which Indian states were among the first to be granted special provisions?

Ans. Jammu & Kashmir, Assam and Nagaland were among the first Indian states to be granted special provisions.

What is meant by the Gadgil formula?

Ans. The Gadgil formula is named after the Indian social scientist Dhananjay Ramchandra Gadgil. It calculates the amount of centr...Read full

Who has the power to grant special provisions for some states?

Ans. The National Development Council (NDC) can grant special provisions for some states. It consists of the Prime Minister, Unio...Read full

What does the 14th Finance Commission report say about special provisions for some states?

Ans. The 14th Finance Commission (in 2013) stated that there was no distinction between special category states and general categ...Read full

Which are the states demanding special provisions, but have not been granted yet?

Ans. In recent times, Odisha, Bihar and Rajasthan have requested for grant of special provisions.

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