Article 371H: Special Provision with Respect to the State of Arunachal Pradesh

The Constitution of India contains a unique set of provisions under Part XXI, titled Temporary, Transitional and Special Provisions. These provisions recognise that certain regions of the country have distinct historical, geographical, social, and administrative circumstances which require special constitutional treatment. Articles 371A to 371J fall within this framework and provide State-specific arrangements to address such needs.

Article 371H is one such provision and applies exclusively to the State of Arunachal Pradesh. It grants the Governor of the State a special responsibility with respect to law and order and lays down related constitutional mechanisms. The provision was inserted to ensure stability and effective governance in a sensitive border State with unique administrative challenges.

Constitutional Background of Article 371H

Article 371H was inserted by the Constitution (Fifty-fifth Amendment) Act, 1986, and came into force on 20 February 1987. This amendment coincided with Arunachal Pradesh attaining full statehood in the same year. Prior to this, Arunachal Pradesh was a Union Territory.

The inclusion of Article 371H reflects Parliament’s intent to provide additional constitutional safeguards during the State’s early years of full-fledged governance, particularly in matters concerning internal security and public order.

Textual Placement and Scope of Article 371H

Article 371H forms part of Part XXI of the Constitution, which deals with provisions that are not uniform across all States. Unlike general constitutional provisions that apply equally to all States, Article 371H is State-specific and applies only to Arunachal Pradesh.

The provision begins with a non-obstante clause—“Notwithstanding anything in this Constitution”—which gives it overriding effect over other constitutional provisions in case of any inconsistency.

Special Responsibility of the Governor for Law and Order

Nature of the Responsibility

Clause (a) of Article 371H confers special responsibility upon the Governor of Arunachal Pradesh with respect to law and order in the State. This is a significant deviation from the general constitutional scheme where the Governor ordinarily acts on the aid and advice of the Council of Ministers under Article 163.

Under Article 371H, while dealing with matters relating to law and order, the Governor is empowered to exercise individual judgement rather than being bound by ministerial advice.

Consultation with the Council of Ministers

Although the Governor enjoys individual discretion, the Constitution mandates that the Governor shall consult the Council of Ministers before taking action. This ensures that the elected government is not completely excluded from the decision-making process.

However, consultation does not mean concurrence. The final decision rests with the Governor when exercising powers under this special responsibility.

Exercise of Individual Judgement by the Governor

Constitutional Significance

The power to act in individual judgement is exceptional in India’s parliamentary system. Normally, discretionary powers of Governors are narrowly interpreted. Article 371H, however, expressly authorises such discretion in a specific domain.

This individual judgement is limited strictly to law and order matters and does not extend to other areas of governance.

Finality of the Governor’s Decision

The first proviso to clause (a) states that if any question arises as to whether a matter falls within the Governor’s special responsibility, the decision of the Governor shall be final. Further, the validity of any action taken by the Governor cannot be questioned on the ground that the Governor ought or ought not to have acted in individual judgement.

This provision significantly restricts judicial scrutiny on procedural grounds relating to the exercise of discretion, though it does not completely oust judicial review on grounds such as mala fides or constitutional violation.

Power of the President to Withdraw Special Responsibility

The second proviso to clause (a) introduces an important constitutional safeguard. It empowers the President of India to withdraw the Governor’s special responsibility with respect to law and order.

Conditions for Withdrawal

The President may issue such an order if satisfied, either:

• On receipt of a report from the Governor, or
• Otherwise,

that it is no longer necessary for the Governor to have this special responsibility.

Constitutional Importance

This provision ensures that Article 371H is not permanent or rigid. It allows flexibility based on changing ground realities and democratic maturity of the State. Once the President issues such an order, the Governor ceases to exercise special responsibility from the date specified.

Composition of the Legislative Assembly

Clause (b) of Article 371H provides that the Legislative Assembly of Arunachal Pradesh shall consist of not less than thirty members.

This clause ensures a minimum representative strength for the State legislature, considering:

• Large geographical area
• Difficult terrain
• Sparse population distribution
• Administrative challenges

The provision strengthens democratic representation while recognising regional constraints.

Rationale Behind Article 371H

The inclusion of Article 371H must be understood in the broader context of Arunachal Pradesh’s unique characteristics:

• It is a border State with international boundaries
• It has diverse tribal populations with distinct customs
• It has historically faced administrative and security challenges
• Infrastructure and governance mechanisms were still evolving at the time of statehood

The special responsibility of the Governor was intended as a stabilising mechanism, ensuring effective administration during transitional phases.

Comparison with Other Special Provisions

Article 371H is similar in structure to certain other State-specific provisions, though its scope is narrower:

• Article 371A (Nagaland) grants special protection to customary laws and land ownership
• Article 371G (Mizoram) provides safeguards relating to religious and social practices
• Article 371C (Manipur) provides for a Hill Areas Committee

Unlike these, Article 371H focuses primarily on law and order, highlighting the State’s administrative sensitivities rather than cultural autonomy.

Federalism and Constitutional Balance

Article 371H represents a calibrated approach to Indian federalism. While it enhances the role of the Governor, it does not dismantle the elected government’s authority. The requirement of consultation, coupled with the President’s power of withdrawal, ensures that democratic principles are preserved.

At the same time, it reflects the Constitution’s flexibility in accommodating regional diversity without compromising national unity.

Conclusion

Article 371H is a carefully crafted constitutional provision that balances democratic governance with administrative necessity. By granting the Governor special responsibility over law and order, while retaining consultation, presidential oversight, and legislative safeguards, the Constitution ensures both stability and accountability.

As Arunachal Pradesh continues to develop institutionally and administratively, Article 371H stands as an example of India’s adaptive constitutional framework—one that responds to regional realities while upholding the core values of federalism, democracy, and constitutional supremacy.