SSC Polity Special Provisions PPT Slides (LEC #19)

This article covers SSC Polity Special Provisions PPT Slides (LEC #19), (विशेष प्रावधान), part of the Complete Foundation Batch PPT Series at slideshareppt.net. This lecture covers Part XXI of the Constitution (Articles 369–392), the special provisions for certain states under Articles 371–371J, Emergency provisions, Fundamental Duties, Official Language provisions, and the 5th and 6th Schedules. These are consistently tested in SSC CGL, CHSL, CPO, and MTS exams – questions on Article 370 (abrogated), Article 371A (Nagaland), state-wise special provisions, and Emergency provisions appear every year.

PPT Details

FieldDetails
PPT TitleSSC Polity Special Provisions PPT Slides (LEC #19)
SubjectPolity – Special Provisions (विशेष प्रावधान) – Special Provisions for Certain States (Part XXI, Articles 371–371J)
SeriesComplete Foundation Batch for All SSC and Other Exams (PPT Series)
Total Slides103 PPT Slides
File Size6 MB
Serial Number#75
LectureLEC #19
FormatPowerPoint (.pptx) + PDF
Target ExamsSSC CGL, SSC CHSL, SSC MTS, SSC CPO, SSC GD, SSC Steno
Websiteslideshareppt.net

SSC Polity Special Provisions PPT Slides (LEC #19)

Note: Above is PPT in GOOGLE SLIDES (HTML AND IFRAME COMBINATION) and if you wish to download the Complete SSC series (PPT slides), Simply visit this redirect page – REDIRECT PAGE.

1. Part XXI – Temporary, Transitional and Special Provisions

Part XXI of the Indian Constitution (Articles 369–392) contains provisions that were originally temporary or transitional in nature. Over time, some have lapsed while others have become permanent fixtures, especially the special provisions for certain states.

ArticleSubject
Article 369Temporary power to Parliament to make laws with respect to certain matters in State List as if they were in Concurrent List (lapsed)
Article 370Special provisions for J&K – ABROGATED on 5 August 2019 by Presidential Order
Article 371 to 371JSpecial provisions for certain states (Maharashtra, Gujarat, Nagaland, Assam, Manipur, AP/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka)
Article 372Continuance of existing laws and their adaptation
Article 373Power of President to make order in respect of persons under preventive detention
Article 374Provisions as to judges of Federal Court and proceedings pending in Federal Court (transitional – lapsed)
Article 375Courts, authorities, officers to continue to function
Article 376Provisions as to Judges of High Courts (transitional)
Article 377Provisions as to Comptroller and Auditor-General of India (transitional)
Article 378Provisions as to Public Service Commissions (transitional)
Article 392Power of President to remove difficulties (transitional)

2. Article 370 – Special Status of J&K (Abrogated)

  • Article 370 was placed in Part XXI as a ‘temporary provision’ – its heading said ‘Temporary provisions with respect to the State of Jammu and Kashmir’
  • It gave J&K a special autonomous status: Union Parliament could only legislate on Defence, Foreign Affairs, Finance, and Communications without state concurrence
  • J&K had its own Constitution (adopted 1956), its own flag, and its own citizenship
  • 5 August 2019: Presidential Order (C.O. 272) effectively abrogated Article 370
  • J&K Reorganisation Act 2019 passed: J&K bifurcated into two Union Territories – J&K (with legislature) and Ladakh (without legislature)
  • Supreme Court upheld abrogation in December 2023 (Dr. S. Maqbool Case); directed elections to J&K assembly by September 2024
  • Article 35A (which gave J&K power to define ‘permanent residents’) also ceased to exist after abrogation

3. Special Provisions for Certain States – Articles 371 to 371J

Articles 371 to 371J provide special protections and provisions for certain states to preserve their unique regional, tribal, cultural, and historical characteristics. These are NOT separatist provisions – they operate within the framework of the Indian Union.

ArticleState(s)Special ProvisionAdded By / Year
Article 371Maharashtra and GujaratPresident may establish separate development boards for Vidarbha, Marathwada (in Maharashtra) and Saurashtra, Kutch (in Gujarat); equitable allocation of funds and opportunities in education and public employmentOriginal Constitution 1950; reworded by 7th Amendment 1956
Article 371ANagalandActs of Parliament do NOT apply to Nagaland with respect to: Naga customary law and procedure; ownership and transfer of land and its resources; without prior resolution of State Assembly accepting that law13th Amendment Act 1962
Article 371BAssamPresident may provide for constitution and functions of a committee of the Assembly consisting of members from Tribal Areas22nd Amendment Act 1969
Article 371CManipurPresident may provide for a committee of members of Legislative Assembly from Hill Areas; special responsibility of Governor for proper functioning of such committee27th Amendment Act 1971
Article 371DAndhra Pradesh (now also Telangana)Equitable opportunities and facilities to people of different parts of the state in public employment and education; President may provide for local cadres; administrative tribunal for state services32nd Amendment Act 1973
Article 371EAndhra PradeshParliament may by law provide for establishment of a university in Andhra Pradesh32nd Amendment Act 1973
Article 371FSikkimRights and interests of Sikkim’s population to be protected; existing laws to continue; Governor has special responsibilities36th Amendment Act 1975 – when Sikkim became 22nd state
Article 371GMizoramActs of Parliament do NOT apply to Mizoram with respect to: Mizo customary law and procedure; ownership and transfer of land and its resources; without prior resolution of State Assembly53rd Amendment Act 1986
Article 371HArunachal PradeshGovernor has special responsibility with respect to law and order; Governor acts in individual judgment in discharge of this responsibility55th Amendment Act 1986
Article 371IGoaMinimum strength of the Goa Legislative Assembly shall be 30 members (though current actual strength is 40)56th Amendment Act 1987
Article 371JKarnatakaPresident may provide for establishment of a separate development board for Hyderabad-Karnataka region; equitable opportunities in public employment and education for people of that region98th Amendment Act 2012

Key Points on Special Provisions

  • Articles 371A (Nagaland) and 371G (Mizoram) give the strongest protection – Parliament’s laws on customary law and land do not apply without prior State Assembly resolution
  • Article 371F (Sikkim) was added by 36th Amendment 1975 when Sikkim merged with India
  • Article 371J (Karnataka) is the most recently added – 98th Amendment 2012
  • Article 371D (Andhra Pradesh) extends to Telangana after the AP Reorganisation Act 2014
  • These provisions cannot be amended easily – they protect minority/tribal interests within states

4. Fifth and Sixth Schedules – Scheduled and Tribal Areas

FeatureFifth ScheduleSixth Schedule
ArticleArticle 244(1)Article 244(2) and Article 275(1)
Applicable toScheduled Areas in states other than Assam, Meghalaya, Tripura, MizoramTribal Areas in Assam, Meghalaya, Tripura, Mizoram
States coveredAndhra Pradesh, Telangana, Odisha, Jharkhand, Chhattisgarh, Madhya Pradesh, Rajasthan, Gujarat, Himachal PradeshAssam, Meghalaya, Tripura, Mizoram
AdministrationGovernor administers; Tribes Advisory Council in each state; state laws may not apply or apply with modificationsDistrict Councils (Autonomous District Councils – ADCs) and Regional Councils with legislative and judicial powers
Special bodyTribes Advisory Council: Governor appoints; mostly tribal MLAsAutonomous District Councils: elected + nominated; can make laws on specified subjects
Governor’s powerCan direct that a law of Parliament/State Legislature shall not apply or apply with modifications to Scheduled AreaADCs can make laws on land management, forests, use of waterways, agriculture, money lending; require Governor’s assent
President’s roleCan increase/decrease Scheduled Areas; direct that a state is not a Scheduled Area stateCan alter boundaries of autonomous districts

Autonomous District Councils (ADCs) – Sixth Schedule

  • ADCs are the key feature of the Sixth Schedule – they have legislative, executive, and judicial powers
  • ADCs can make laws on: land management, forests, use of waterways, regulation of shifting cultivation, establishment of village administration, money lending, social customs
  • Laws made by ADCs require assent of the Governor
  • ADC Courts can try cases involving tribals; appeal to HC
  • Important ADCs: Bodoland Territorial Council (Assam), Garo Hills ADC (Meghalaya), Mizo District Council, Tripura Tribal Areas ADC

5. Emergency Provisions – Articles 352, 356, 360

TypeArticleGroundsDeclaration ByApprovalDurationEffect
National Emergency352War, external aggression, armed rebellionPresident on written advice of Union CabinetBoth Houses: 2/3 majority of members present + voting AND majority of total membership; within 1 month6 months at a time; extendableArt 19 suspended; Centre legislates on State List; fundamental rights curtailed
President’s Rule (State Emergency)356Failure of constitutional machinery in state; Governor’s reportPresidentBoth Houses by simple majority within 2 monthsMaximum 3 years (6 months at a time)State legislature dissolved/suspended; Centre controls state; Governor is agent of Centre
Financial Emergency360Financial stability or credit of India or any state threatenedPresidentBoth Houses by simple majority within 2 monthsNo maximum limit; continues as long as approvedCentre can reduce salaries of all government servants including judges; state money bills need President’s assent

National Emergency – Key Facts for SSC

  • Article 352 – National Emergency can be proclaimed due to: War, External Aggression, Armed Rebellion
  • 44th Amendment 1978 changed ‘internal disturbance’ to ‘Armed Rebellion’ (much harder to invoke)
  • 44th Amendment 1978 also required written recommendation of Cabinet (not just PM) before President can proclaim
  • Both Houses must approve within 1 month by special majority (2/3 of present + voting AND majority of total membership)
  • Lok Sabha can pass resolution by simple majority to revoke National Emergency
  • Article 358 – Article 19 freedoms automatically suspended during war/external aggression emergency
  • Article 359 – President can suspend enforcement of other Fundamental Rights (except Articles 20 and 21)

History of Emergencies in India

EmergencyDateGroundsPM at TimeDuration
First National Emergency26 Oct 1962Chinese aggression (external aggression)Jawaharlal NehruRevoked 10 Jan 1968
Second National Emergency3 Dec 1971Pakistani aggression (external aggression)Indira GandhiRevoked 21 Mar 1977
Third National Emergency (Internal)25 Jun 1975Internal disturbance (now ‘armed rebellion’ – 44th Amendment)Indira GandhiRevoked 21 Mar 1977
President’s Rule – Most Frequent StateUttar Pradesh (10+ times)Various – most frequently imposed state
First President’s RulePEPSU (1951)Political instabilityBrief
Financial EmergencyNever imposed
SSC Polity Special Provisions PPT Slides (LEC #19)
SSC Polity Special Provisions PPT Slides (LEC #19)

6. Fundamental Duties – Part IV-A, Article 51A

Fundamental Duties were added to the Indian Constitution by the 42nd Constitutional Amendment 1976 on the recommendation of the Swaran Singh Committee. Originally 10 duties; an 11th was added by the 86th Amendment 2002.

Duty No.Fundamental Duty (Article 51A)
(a)Abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem
(b)Cherish and follow the noble ideals which inspired our national struggle for freedom
(c)Uphold and protect the sovereignty, unity and integrity of India
(d)Defend the country and render national service when called upon to do so
(e)Promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; renounce practices derogatory to the dignity of women
(f)Value and preserve the rich heritage of our composite culture
(g)Protect and improve the natural environment including forests, lakes, rivers, and wildlife; have compassion for living creatures
(h)Develop the scientific temper, humanism, and the spirit of inquiry and reform
(i)Safeguard public property and abjure violence
(j)Strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement
(k)Provide opportunities for education to his child or ward between the age of 6 and 14 years (added by 86th Amendment 2002)

Key Facts on Fundamental Duties

  • Added by: 42nd Amendment 1976 (duties a to j); 86th Amendment 2002 (duty k)
  • Recommended by: Swaran Singh Committee (1976)
  • Part: Part IV-A of the Constitution
  • Article: Article 51A
  • Nature: Non-justiciable – cannot be enforced through courts
  • Inspired by: Article 29(1) of the Constitution of the USSR (Soviet Union)
  • Verma Committee (1999): identified laws implementing Fundamental Duties

7. Official Language Provisions – Part XVII (Articles 343–351)

ArticleSubject
Article 343Official language of Union – Hindi in Devanagari script; numerals – international form of Indian numerals; English to continue for 15 years (then extended by Parliament)
Article 344Commission and Committee of Parliament on official language
Article 345Official languages of a State – state can adopt any language in 8th Schedule or Hindi
Article 346Official language for communication between states and between states and Union
Article 347Special provision for language spoken by substantial proportion of population of a state
Article 348Language to be used in SC and HCs; Acts and Bills – English; but state can use state language with Governor’s assent
Article 349Special procedure for enactment of certain laws related to language
Article 350Right to submit representations for redress of grievances in any language
Article 350AProvision for instruction in mother tongue at primary stage
Article 350BSpecial Officer for Linguistic Minorities – appointed by President
Article 351Directive for development of the Hindi language

Key Points on Official Language

  • Hindi in Devanagari script is the official language of the Union (Article 343) – NOT the national language
  • English was to be used for 15 years from 1950 (till 1965); but Parliament extended its use by the Official Languages Act 1963
  • English continues to be used for official purposes of the Union alongside Hindi
  • States can adopt any of the 22 languages in 8th Schedule or Hindi as their official language
  • Article 350B – Special Officer for Linguistic Minorities appointed by President; investigates matters relating to linguistic minorities; reports to President who places it before Parliament
  • 8th Schedule currently has 22 official languages; originally had 14 (1950)

8. Comptroller and Auditor General (CAG) – Article 148

  • CAG is a constitutional post under Article 148
  • Appointed by President of India; serves as guardian of public finances
  • CAG audits accounts of Union Government, State Governments, and all bodies receiving grants from Government
  • CAG reports submitted to President (Union) and Governors (States); laid before respective legislatures
  • Removed same as SC judge – address by both Houses + President’s order
  • CAG cannot hold further office under Central or State government after retirement
  • CAG’s salary charged to Consolidated Fund of India – non-votable
  • Public Accounts Committees (Parliament and States) examine CAG’s audit reports
  • Current CAG (2024): Girish Chandra Murmu (appointed August 2020)

9. NITI Aayog and Other Key Constitutional / Statutory Bodies

BodyTypeEstablishedChairman / HeadKey Function
NITI AayogNon-constitutional; statutory-like executive body2015 (replaced Planning Commission)Prime Minister of IndiaPolicy think-tank; Cooperative federalism; replaces top-down Planning Commission approach
Planning CommissionNon-constitutional (now abolished)1950–2014Prime MinisterFive-Year Plans for economic development; abolished 2014
Finance CommissionConstitutional (Art 280)Every 5 years by PresidentAppointed by PresidentRecommends Centre-State tax devolution; grants-in-aid
Election CommissionConstitutional (Art 324)25 Jan 1950Chief Election CommissionerSuperintendence of elections to Parliament, state legislatures, President, VP
UPSCConstitutional (Art 315)1926 (as PSC); 1950 as UPSCChairman appointed by PresidentExaminations and recruitment for Central/All India services
CAGConstitutional (Art 148)1950Appointed by PresidentAudit of government accounts; guardian of public finances
National Human Rights CommissionStatutory (Protection of Human Rights Act 1993)1993Former CJIInvestigates human rights violations
Central Vigilance CommissionStatutory (CVC Act 2003)1964 (executive); 2003 (statutory)Central Vigilance CommissionerAnti-corruption oversight of central government

10. Quick Revision Fact Table – Special Provisions

FactDetail
Part XXI of ConstitutionArticles 369–392 – Temporary, Transitional and Special Provisions
Article 370Special status for J&K – ABROGATED on 5 August 2019
Article 371ANagaland – Parliament’s laws do not apply to Naga customs without Assembly resolution
Article 371GMizoram – same protection as Nagaland for Mizo customary law
Article 371FSikkim – added by 36th Amendment 1975 when Sikkim became 22nd state
Article 371JKarnataka (Hyderabad-Karnataka region) – added by 98th Amendment 2012; latest Art 371
5th ScheduleArticle 244(1) – Scheduled Areas in most states; Tribes Advisory Council
6th ScheduleArticle 244(2) – Tribal Areas in Assam, Meghalaya, Tripura, Mizoram; Autonomous District Councils
National Emergency declared 3 times1962 (China), 1971 (Pakistan), 1975 (Internal disturbance)
Financial Emergency never imposedArticle 360; never used in India’s history
44th Amendment 1978Changed ‘internal disturbance’ to ‘armed rebellion’ as ground for National Emergency
S.R. Bommai Case 1994President’s Rule subject to judicial review; floor test before dissolution of assembly
Fundamental Duties added by42nd Amendment 1976 (10 duties); 11th duty by 86th Amendment 2002
Article 51A – Fundamental DutiesPart IV-A; not justiciable; 11 duties total
Official language of UnionHindi in Devanagari script (Article 343); English also used for official purposes
No ‘national language’ in ConstitutionHindi is official language of Union (not national language)
8th Schedule – 22 languagesOfficial languages of India recognised by Constitution
Special Officer for Linguistic MinoritiesArticle 350B – appointed by President; reports to Parliament through President
Article 352 (National Emergency) – 44th Amendment requirementWritten recommendation of Union Cabinet (not just PM) required before President proclaims
Maximum duration of President’s Rule3 years (extended 6 months at a time with parliamentary approval)

ALSO READ: SSC Polity Election PPT Slides (LEC #18)

11. Key Takeaways for SSC Exams

  • Part XXI (Articles 369–392) – Temporary, Transitional and Special Provisions
  • Article 370 abrogated on 5 August 2019; J&K bifurcated into 2 UTs
  • Article 371A – Nagaland: Parliamentary laws don’t apply to Naga customs without Assembly resolution
  • Article 371G – Mizoram: same strong protection as Nagaland
  • Article 371F – Sikkim: added by 36th Amendment 1975
  • Article 371J – Karnataka (Hyderabad-Karnataka): added by 98th Amendment 2012 – most recent
  • 5th Schedule (Art 244) – Scheduled Areas in most states; Tribes Advisory Council
  • 6th Schedule (Art 244) – Tribal Areas in Assam, Meghalaya, Tripura, Mizoram; Autonomous District Councils
  • Article 352 – National Emergency: war/external aggression/armed rebellion; special majority; 1-month approval
  • Article 356 – President’s Rule: simple majority; max 3 years; Bommai Case 1994 – subject to judicial review
  • Article 360 – Financial Emergency: never imposed in India
  • 44th Amendment 1978: ‘internal disturbance’ → ‘armed rebellion’; Cabinet’s written recommendation required
  • Fundamental Duties: Article 51A; Part IV-A; 11 duties; 42nd Amendment 1976 (10) + 86th Amendment 2002 (1)
  • Article 343 – Hindi (Devanagari) = official language of Union; NOT national language
  • 8th Schedule: 22 official languages; 14 originally; Article 350B: Special Officer for Linguistic Minorities.

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