Article 371G, 371H and 371I of the Constitution of India: Mizoram, Arunachal Pradesh and Goa

Articles 371G, 371H and 371I form part of Part XXI of the Constitution of India. They contain special constitutional provisions for Mizoram, Arunachal Pradesh and Goa respectively. Each Article addresses a different constitutional arrangement, ranging from protection of Mizo customary law and land to the Governor's special responsibility for law and order in Arunachal Pradesh and minimum Legislative Assembly strength in Goa.

At a glance: Article 371G protects specified Mizo social practices, customary law, customary justice and land matters from automatic application of Acts of Parliament unless the Mizoram Legislative Assembly resolves otherwise, subject to the constitutional proviso. Article 371H deals principally with the Governor's special responsibility for law and order in Arunachal Pradesh. Article 371I requires Goa's Legislative Assembly to have not fewer than thirty members.

Contents

Article 371G - Special provision with respect to the State of Mizoram

Article 371G was inserted by the Constitution (Fifty-third Amendment) Act, 1986 and came into force on 20 February 1987. Its opening non-obstante clause gives the provision overriding operation within its constitutional field.

What Article 371G protects

Under Article 371G(a), an Act of Parliament concerning the specified subjects does not apply to Mizoram unless the Legislative Assembly of Mizoram decides by resolution that it should apply. The protected subjects are religious or social practices of the Mizos, Mizo customary law and procedure, administration of civil and criminal justice involving decisions according to Mizo customary law, and ownership and transfer of land.

Constitutional rule in substance: Acts of Parliament dealing with the four protected subjects require a resolution of the Mizoram Legislative Assembly before applying to the State.

Proviso: This protection does not apply to a Central Act that was already in force in the Union territory of Mizoram immediately before commencement of the Constitution (Fifty-third Amendment) Act, 1986.

Assembly strength: Article 371G(b) provides that the Legislative Assembly of Mizoram shall consist of not less than forty members.

The earlier page incorrectly used the expression "Act of President". The constitutional text says "Act of Parliament"; this has been corrected in this redesign.

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

Article 371H was inserted by the Constitution (Fifty-fifth Amendment) Act, 1986 and came into force on 20 February 1987. It creates a special constitutional arrangement concerning law and order in Arunachal Pradesh.

Governor's special responsibility: The Governor has special responsibility with respect to law and order in Arunachal Pradesh. In discharging functions relating to that responsibility, the Governor must consult the Council of Ministers and then exercise individual judgment as to the action to be taken.

Constitutional finality clause: If a question arises whether a matter requires the Governor to exercise individual judgment under this clause, the Constitution provides that the Governor's decision in discretion is final, and an act of the Governor cannot be questioned merely on the ground that individual judgment ought or ought not to have been exercised.

Power of the President: If the President is satisfied, on receiving a report from the Governor or otherwise, that the special responsibility for law and order is no longer necessary, the President may direct by order that it shall cease from the specified date.

Assembly strength: Article 371H(b) requires the Arunachal Pradesh Legislative Assembly to consist of not less than thirty members.

Article 371I - Special provision with respect to the State of Goa

Article 371I was inserted by the Constitution (Fifty-sixth Amendment) Act, 1987 and came into force on 30 May 1987. It is concise and deals with the minimum strength of the Goa Legislative Assembly.

Notwithstanding anything in the Constitution, the Legislative Assembly of the State of Goa shall consist of not less than thirty members.

Official constitutional sources

For authoritative reference, consult the Constitution of India published by the Legislative Department, Ministry of Law and Justice and the Constitution of India on India Code. For Article 371I, the Constitution (Fifty-sixth Amendment) Act, 1987 is also an official source.

Legal text checked against official Government of India constitutional sources. Readers should refer to the current official text for authoritative use.