Part XXI - Temporary, Transitional and Special Provisions • Article

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

Article 371H provides special rules for Arunachal Pradesh. It gives the Governor special responsibility to maintain law and order, allowing them to make independent decisions (using individual judgment) after consulting the Council of Ministers. The President can remove this special responsibility at any time. It also mandates that the Arunachal Pradesh Legislative Assembly must have at least 30 members.

Official Text

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.

Simple Meaning

Explain Like Ten

This rule gives the Governor of Arunachal Pradesh special helper powers to keep everyone safe and make sure there is no trouble, even if the local state cabinet disagrees. It also says they must have at least 30 lawmakers in their state assembly.

Student Mode

Inserted by the 55th Constitutional Amendment Act of 1986. Clause (a) gives the Governor of Arunachal Pradesh special responsibility for law and order, allowing them to exercise individual judgment (discretionary power) after consulting the Council of Ministers, subject to directions from the President. Clause (b) provides a size exemption, specifying that the Legislative Assembly of Arunachal Pradesh shall consist of not less than 30 members.

Example

If a border security crisis or civil unrest occurs in Arunachal Pradesh, the Governor can deploy state security forces and direct administrative response using their own individual judgment, rather than being bound by state cabinet advice, though they must consult the Chief Minister.

Key Takeaway

Grants the Governor of Arunachal Pradesh special discretionary powers over law and order during internal disturbances and mandates a minimum of 30 assembly members.

FAQs

Why does the Governor of Arunachal Pradesh have special law and order powers?

Arunachal Pradesh is a strategically sensitive border state that experienced insurgency and ethnic conflicts in neighboring regions. The special responsibility ensures the central government (via the Governor) has final authority over security matters if internal stability is threatened.

Can the Governor's special law and order power under Article 371H be ended?

Yes. Under the second proviso to Clause (a), the President can issue an order directing that the Governor shall cease to have this special responsibility if they are satisfied it is no longer necessary.

Quiz

Which amendment added Article 371H to the Constitution in 1986?

Answer: 55th Amendment

Under Article 371H, the Governor's decision in law and order affairs is final and cannot be challenged on what ground?

Answer: That they ought or ought not to have acted in their individual judgment