Part XXI: Temporary, Transitional and Special Provisions

Article 371H: Special Provisions for Arunachal Pradesh

Original Article:

Article 371H provides special provisions for Arunachal Pradesh, focusing on the Governor’s special responsibility for law and order and the composition of the Legislative Assembly.

Explanations:

This article empowers the Governor of Arunachal Pradesh with discretion in maintaining law and order. Additionally, it ensures the state’s Legislative Assembly has adequate representation with a minimum of thirty members.

Clause-by-Clause Explanation:

Clause (a): Governor’s Responsibility for Law and Order

The Governor can exercise individual judgment regarding law and order after consulting the Council of Ministers. This special responsibility can be revoked by the President if deemed unnecessary.

Clause (b): Composition of Legislative Assembly

The Legislative Assembly must consist of at least thirty members to ensure effective governance and adequate representation.

Legislative History:

Article 371H was introduced by the Constitution (Fifty-fifth Amendment) Act, 1986, to address Arunachal Pradesh’s unique administrative and security needs.

Historical Significance:

The article reflects the strategic importance of Arunachal Pradesh, ensuring stability and governance in a state with challenging geography and diverse demographics.

Real-life Examples:

The Governor’s discretionary power has been used during periods of political instability to maintain peace and law and order in the state.

Debates and Deliberations:

The Fifty-fifth Amendment witnessed extensive discussions on the necessity of granting Arunachal Pradesh special provisions to address its unique challenges.