What is Article 371H of Indian Constitution – Defination & Meaning

Article 371H: Special provision with respect to the State of Arunachal Pradesh Notwithstanding anything in this Constitution,— (a) the Governor of Arunachal
📅 Part XXI – Temporary, Transitional and Special Provisions
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Article Number

371H

part

Part XXI – Temporary, Transitional and Special Provisions

Status

Active

Bare Acts Text

Article 371H: Special provision with respect to the State of Arunachal Pradesh

  • Notwithstanding anything in this Constitution,—
    • (a) the Governor of Arunachal Pradesh shall have special responsibility with respect to law and order in the State of Arunachal Pradesh and in the discharge of his functions in relation thereto, the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken:
    • Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this clause required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment:
    • Provided further that if the President on receipt of a report from the Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibility with respect to law and order in the State of Arunachal Pradesh, he may by order direct that the Governor shall cease to have such responsibility with effect from such date as may be specified in the order;
    • (b) the Legislative Assembly of the State of Arunachal Pradesh shall consist of not less than thirty members.
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Full Definition & Explanation

Article 371H of the Indian Constitution provides special provisions for Arunachal Pradesh. It gives the Governor of Arunachal Pradesh a unique responsibility regarding law and order in the state. This means that the Governor can take actions based on their judgment after consulting the Council of Ministers. This provision ensures that the state’s governance is responsive to its unique challenges, particularly those relating to security and public order. The Governor’s discretion in these matters is major, as it allows for quick and effective decision-making during crises. The article also includes a clause stating that if the President believes the special responsibility is no longer necessary, they can direct the Governor to cease these powers. This provision allows for flexibility and change in governance as circumstances evolve, ensuring that the governance structure remains relevant and effective. The state’s Legislative Assembly must have at least thirty members, ensuring that representation is adequate for the population of Arunachal Pradesh. Overall, Article 371H plays a key role in maintaining stability and order in Arunachal Pradesh. It recognizes the unique challenges faced by the state, especially in maintaining law and order. By empowering the Governor with special responsibilities, the article aims to enhance governance and ensure that local issues are addressed promptly and effectively. The impact of this article is felt in the day-to-day administration of the state, particularly in times of unrest or emergency.

Historical Context

It gives the Governor of Arunachal Pradesh a unique responsibility regarding law and order in the state. This means that the Governor can take actions based on their judgment after consulting the Council of Ministers. This provision ensures that the state’s governance is responsive to its unique challenges, particularly those relating to security and public order. The Governor’s discretion in these matters is major, as it allows for quick and effective decision-making during crises. Article 371H of the Indian Constitution provides special provisions for Arunachal Pradesh. The article also includes a clause stating that if the President believes the special responsibility is no longer necessary, they can direct the Governor to cease these powers.

Key Features

– The Governor of Arunachal Pradesh has special responsibilities regarding law and order.
– The Governor must consult the Council of Ministers before making decisions.
– The Governor’s discretion in law and order matters is final and cannot be questioned.
– The President can revoke the Governor’s special responsibilities if deemed unnecessary.
– The Legislative Assembly of Arunachal Pradesh consists of at least thirty members.

Importance & Impact

– Empowers the Governor to act decisively during law and order issues.
– Ensures local governance is attuned to Arunachal Pradesh’s unique challenges.
– Allows for quick responses to emergencies or crises in the state.
– Maintains a legislative framework through a minimum assembly size
– Facilitates better coordination between the state government and central authorities.

Sample UPSC Question

Which of the following statements about Article 371H is correct? A) It applies to all Indian states. B) The Governor has special responsibilities for law and order. C) The Legislative Assembly can have fewer than thirty members. D) The President cannot intervene in the Governor’s decisions. Choose the correct option.? Analyze these options carefully in light of the constitutional distribution of legislative and executive powers.

Answer

The correct answer is B. Article 371H specifically gives the Governor of Arunachal Pradesh special responsibilities regarding law and order, which is not applicable to all states. This provision allows the Governor to act in consultation with the Council of Ministers.

Key Takeaways

✓ Article 371H empowers the Governor in law and order matters.
✓ The Governor’s decisions are final and cannot be contested.
✓ The President can revoke the Governor’s special powers if necessary.
✓ The Legislative Assembly must have a minimum of thirty members.
✓ This article addresses the unique challenges faced by Arunachal Pradesh.

FAQs

Article 371H of the Indian Constitution provides special provisions for Arunachal Pradesh. It gives the Governor of Arunachal Pradesh a unique responsibility regarding law and order in the state. This means that the Governor can take actions based on their judgment after consulting the Council of Ministers. This provision ensures that the state’s governance is responsive to its unique challenges, particularly those relating to security and public order.

This provision allows for flexibility and change in governance as circumstances evolve, ensuring that the governance structure remains relevant and effective. The state’s Legislative Assembly must have at least thirty members, ensuring that representation is adequate for the population of Arunachal Pradesh. Overall, Article 371H plays a key role in maintaining stability and order in Arunachal Pradesh.

It recognizes the unique challenges faced by the state, especially in maintaining law and order. By empowering the Governor with special responsibilities, the article aims to enhance governance and ensure that local issues are addressed promptly and effectively. The impact of this article is felt in the day-to-day administration of the state, particularly in times of unrest or emergency.

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