The Indian Constitution includes Temporary, Transitional, and Special Provisions to deal with specific situations in different states and during the transition from British rule to an independent India.
👉 Part XXI (Articles 369 to 392) of the Indian Constitution deals with these provisions.
👉 Covers temporary laws, special rights for some states, and adaptations after independence.
I. Categories of Provisions
| Type | Purpose |
|---|---|
| Temporary Provisions | Applied for a limited time (e.g., Article 370 for J&K before abrogation). |
| Transitional Provisions | Helped in India’s transition from British rule (e.g., Article 392). |
| Special Provisions | Provided special rights and autonomy to some states (e.g., Article 371). |
II. Temporary Provisions
1. Article 370 – Special Status of Jammu & Kashmir (Now Abrogated)
✅ Gave special autonomy to Jammu & Kashmir.
✅ Only defense, foreign affairs, finance, and communications were controlled by the Centre.
✅ Indian laws did not automatically apply to J&K.
✅ Abrogated on August 5, 2019, by the Constitution (Application to J&K) Order, 2019.
🚀 Now J&K is a Union Territory and follows all Indian laws.
III. Transitional Provisions
1. Article 369 – Temporary Power of Parliament
✅ Gave temporary power to Parliament (for 5 years after independence) to make laws on state subjects like agriculture, food, and industry.
✅ Expired in 1955.
2. Article 392 – Power to Remove Difficulties
✅ Allowed the President to make necessary changes in the Constitution for smooth transition from British rule.
✅ Used in early years but now has no significance.
IV. Special Provisions for Certain States (Articles 371 to 371J)
Certain states have special provisions to protect their cultural, economic, and political rights.
| Article | State(s) | Special Provisions |
|---|---|---|
| Article 371 | Maharashtra, Gujarat | Governors have special responsibility for development. |
| Article 371A | Nagaland | Special rights over land and culture. |
| Article 371B | Assam | Special administration for tribal areas. |
| Article 371C | Manipur | Special Hill Areas Committee in the legislature. |
| Article 371D & 371E | Andhra Pradesh, Telangana | Equal opportunities in jobs and education. |
| Article 371F | Sikkim | Special rights to Sikkimese people after its merger with India. |
| Article 371G | Mizoram | Special religious and land rights for Mizo people. |
| Article 371H | Arunachal Pradesh | Governor has special law and order powers. |
| Article 371I | Goa | Goa’s legislature cannot have less than 30 members. |
| Article 371J | Karnataka (Hyderabad-Karnataka region) | Special reservation in jobs and education. |
🚀 These provisions protect regional identities while integrating states into the Indian Union.
V. Landmark Supreme Court Cases
1. Sampat Prakash Case (1970)
✔ Upheld Article 370, saying it could only be removed with J&K’s Constituent Assembly approval.
2. SR Bommai Case (1994)
✔ Special provisions should not violate the Basic Structure of the Constitution.
3. Prem Nath Kaul Case (1959)
✔ Confirmed the temporary nature of Article 370.
VI. Challenges & Criticism
❌ Unequal treatment – Some states get more rights than others.
❌ Delayed integration – Article 370 kept J&K separate for decades.
❌ Demand for special status – Other states also demand special provisions.
❌ Conflicts with National Unity – Special rights can create regionalism.
VII. Recent Developments
🔹 Abrogation of Article 370 (2019) – J&K fully integrated into India.
🔹 Demand for Special Status for Bihar and Tamil Nadu – Ongoing debates.
🔹 Article 371J for Karnataka (2012) – Special provisions for Hyderabad-Karnataka region.
VIII. MCQs on Temporary, Transitional & Special Provisions
1. Which Article granted special status to Jammu & Kashmir?
A) Article 368
B) Article 370
C) Article 371
D) Article 392
Answer: B) Article 370
2. Which Article provides special provisions for Nagaland?
A) Article 371A
B) Article 371B
C) Article 371C
D) Article 371D
Answer: A) Article 371A
3. Which Article allowed the President to make changes for a smooth transition after independence?
A) Article 368
B) Article 369
C) Article 371
D) Article 392
Answer: D) Article 392
4. Which Article provides special provisions for Sikkim?
A) Article 371E
B) Article 371F
C) Article 371G
D) Article 371H
Answer: B) Article 371F
5. Which Article provides temporary power to Parliament to make laws on state subjects?
A) Article 369
B) Article 370
C) Article 371
D) Article 392
Answer: A) Article 369
6. Under which Article can the President impose President’s Rule if a state disobeys Union orders?
A) Article 356
B) Article 365
C) Article 370
D) Article 375
Answer: B) Article 365
7. Which Article provides special rights for the Hyderabad-Karnataka region?
A) Article 371I
B) Article 371J
C) Article 372
D) Article 375
Answer: B) Article 371J
8. Which state enjoys special status due to land and cultural rights under Article 371A?
A) Mizoram
B) Nagaland
C) Arunachal Pradesh
D) Meghalaya
Answer: B) Nagaland
9. Which Article provided special rights to princely states (now removed)?
A) Article 362
B) Article 363
C) Article 364
D) Article 365
Answer: A) Article 362
10. Which Article gives Arunachal Pradesh’s Governor special powers?
A) Article 371F
B) Article 371G
C) Article 371H
D) Article 371I
Answer: C) Article 371H
IX. Conclusion
✅ Temporary Provisions – Articles like 370 (J&K, now removed) and 369 provided temporary arrangements.
✅ Transitional Provisions – Helped India’s smooth transition after independence.
✅ Special Provisions – Articles 371 to 371J protect cultural and economic rights of certain states.
✅ Recent changes – Article 370 was abrogated in 2019, while special provisions for Karnataka were added in 2012.
Would you like a mind map or more MCQs on this topic? 😊