📘 Special Provisions & Commencement – Articles 371 to 395
Delhi Law Academy Jaipur presents below for aspirants of RJS, DJS, PCS (J) and other Judicial Services throughout India a simplified Note on special provisions for some specified States and provisions relating to commencement of this Constitution.
📜 Constitutional Provisions
SPECIAL PROVISIONS AND COMMENCEMENT
ARTICLES 371 – 395
🔵 Article 371 – Special provisions for Maharashtra and Gujarat
- President may provide for special responsibility of Governor for
- establishment of separate development boards for
- Vidarbha and Marathwada, and
- Saurashtra and Kutch
- equitable allocation of funds for development of these areas
- equitable arrangement for technical education and vocational training
- and employment opportunities for these areas
- establishment of separate development boards for
🔵 Article 371A – Special provisions for Nagaland
- An Act of Parliament
- on religious or social practices of Nagas
- on Naga customary law
- on ownership and transfer of land
- shall not apply to Nagaland
- unless its Legislative Assembly so decides
- Governor of Nagaland shall have special responsibility
- with respect to law and order in the State
- He shall exercise his individual judgment
- as to the action to be taken
🔵 Article 371B – Special provisions for Assam
- President may provide for
- constitution and functions of a committee of Assembly
- consisting of members elected from tribal areas
🔵 Article 371C – Special provisions for Manipur
- President may provide for
- constitution and functions of a committee of Assembly
- consisting of members elected from hill areas of that State
🔵 Article 371D – Special provisions for Andhra Pradesh
- President may provide for
- equitable opportunities for people belonging to different parts of State
- in matters of public employment and education
🔵 Article 371E – Central University in AP
- Parliament may, by law
- provide for establishment of a university in the State of Andhra Pradesh
🔵 Article 371F – Special provisions for Sikkim
- Legislative Assembly of Sikkim
- shall consist of not less than 30 members
- Governor of Sikkim shall have special responsibility
- for peace and
- for equitable arrangement for social and economic advancement of different sections of people
- In discharge of this responsibility
- he shall act in his discretion
🔵 Article 371G – Special provisions for Mizoram
- An Act of Parliament
- on religious or social practices of Mizos
- on Mizo customary law
- on ownership and transfer of land
- shall not apply to Mizoram
- unless its Legislative Assembly so decides
- Legislative Assembly of Mizoram
- shall consist of not less than 40 members
🔵 Article 371H – Special provisions for Arunachal Pradesh
- Governor of Arunachal Pradesh shall have special responsibility
- for law and order in the State
- In discharge of this responsibility
- he shall exercise his individual judgment as to the action to be taken
- Legislative Assembly shall consist of
- not less than 30 members
🔵 Article 371I – Special provisions for Goa
- Legislative Assembly shall consist of
- not less than 30 members
🔵 Article 371J – Special provisions for Hyderabad-Karnataka region
- President may by order provide for special responsibility of Governor for
- establishment of a separate development board for Hyderabad-Karnataka region
- equitable allocation of funds for development of this region
- equitable opportunities and facilities for people of this region
- in matters of public employment, education and vocational training
- Such order may provide for
- reservation of seats in education and vocational institutions
- in Hyderabad-Karnataka region for students of that region
- identification of posts under State govt in Hyderabad-Karnataka region and
- reservation of such posts for person belonging to that region, by birth or by domicile
- reservation of seats in education and vocational institutions
📘 Article 372 – Continuity of existing laws
- All laws in force in India at commencement of Constitution
- shall continue in force
- until altered or repealed by a competent legislature or other competent authority
📘 Article 379(1) – Provisional Parliament
- Until both Houses of Parliament have been duly constituted and summoned to meet
- for the first session under provisions of this Constitution
- the body functioning as Constituent Assembly of Dominion of India
- shall be the provisional Parliament and
- shall exercise all powers and perform all duties conferred by this Constitution on Parliament
Note
- Article 379 stands deleted by the 7th Amendment Act 1956
🕊️ PART XXII: COMMENCEMENT
📘 Section 393 – Short title
- This Constitution may be called
- the Constitution of India
📘 Article 394 – Commencement
- This article and articles 5-9, 60, 324, 366-367, 379-380, 388, 391-393
- shall come into force at once
- Remaining provisions
- shall come into force on 26 January, 1950
📘 Article 394A (1) – Authoritative text in Hindi
- President shall cause to be published under his authority
- translation of this Constitution in Hindi
- signed by members of the Constituent Assembly
- incorporating all amendments made before such publication
- translation in Hindi
- of every amendment of this Constitution made in English
- translation of this Constitution in Hindi
📘 Article 394A (2)
- Translation of this Constitution and of every amendment
- shall be construed to have the same meaning as the original
- If any difficulty arises in construing any part of such translation
- President shall cause the same to be revised suitably
📘 Article 394A (3)
- Translation of this Constitution and of every amendment so published
- shall be deemed to be, for all purposes
- the authoritative text thereof in Hindi language
Note
- Article 394A was inserted by the 58th Amendment Act 1987
📘 Article 395 – Repeals
- Indian Independence Act, 1947 and Government of India Act, 1935
- are hereby repealed
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❓ FAQs on Articles 371 to 395 (Special Provisions & Commencement)
📘 What are the key special provisions for northeastern States under Articles 371A, 371G & 371H?
Articles 371A (Nagaland), 371G (Mizoram) and 371H (Arunachal Pradesh) protect local customs, religious practices, land rights and allow special responsibilities for Governors on law and order. Parliamentary laws on customs and land do not apply unless approved by the respective Legislative Assemblies.
🏛️ What development boards are mandated under Article 371 for Maharashtra and Gujarat?
Article 371 authorises the Governor to establish separate development boards for Vidarbha, Marathwada, Saurashtra and Kutch. The Governor also ensures equitable distribution of funds, educational opportunities and employment-related benefits across these regions.
📜 How does Article 371J benefit the Hyderabad–Karnataka region?
Article 371J empowers the President to establish a development board, ensure fair fund allocation, and provide equitable education and employment opportunities. It also permits reservation of seats and government posts for people of the region based on birth or domicile.
🕊️ What is the purpose of Article 372 on continuity of pre-Constitution laws?
Article 372 ensures that all existing laws at the commencement of the Constitution continue to remain in force until modified or repealed by a competent authority. This avoided legal vacuum and ensured smooth transition from colonial to constitutional governance.
📖 When did various Constitutional provisions come into force under Article 394?
Article 394 states that Articles 5–9, 60, 324, 366–367, 379–380, 388 and 391–393 came into force immediately. All remaining provisions of the Constitution came into force on 26 January 1950, the date of commencement of the Constitution.
📝 What is the significance of Article 394A regarding Hindi translation of the Constitution?
Article 394A directs the President to publish an authoritative Hindi translation of the Constitution and all amendments. This Hindi version is deemed the official text for all purposes. It was inserted by the 58th Amendment Act, 1987.
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