Article 371D of the Constitution

Article 371D in the Constitution of India was invoked by Indira Gandhi in 1973 to resolve the Telangana – Coastal Andhra disputes over appointment to Govt Jobs. Accordingly all kinds of regional reservations must end by the year 1980. Full Text of Article 371D of THE CONSTITUTION (THIRTY-SECOND AMENDMENT) ACT, 1973.

Statement of Objects and Reasons appended to the Constitution (Thirty-third Amendment) Bill, 1973 which was enacted as the Constitution (Thirty-second Amendment) Act, 

STATEMENT OF OBJECTS AND REASONS

When  the  State  of  Andhra   Pradesh  was  formed  in  1956,  certain safeguards  were  envisaged  for the Telangana area in the  matter of development  and  also in the matter of employment  opportunities and educational facilities for the residents of that area.  The provisions of clause (1) of article 371 of the Constitution were intended to give effect to certain features of these safeguards.  

The Public Employment (Requirement  as  to Residence) Act, 1957, was enacted inter  alia  to provide  for employment opportunities for residents of Telangana area.  Owing to a variety of causes,  the working  of  the  safeguards  gave  rise   to  a   certain  amount   of dissatisfaction  sometimes in the Telangana area and sometimes in  the other  areas of the State.  Measures were devised from time to time to resolve the problems. 

 Recently several leaders of Andhra Pradesh made a  concerted effort to analyse the factors which have been giving rise to  the dissatisfaction and find enduring answers to the problems with a  view  to  achieving fuller emotional integration of the  people   of Andhra  Pradesh. 
 On the 21st September, 1973, they suggested  certain measures  (generally  known  as the Six-Point  Formula)   indicating  a uniform approach for promoting accelerated development of the backward areas  of  the State so as to secure the balanced development  of  the State  as  a  whole  and  for providing  equitable   opportunities  to different  areas of the State in this matter of education,  employment and  career  prospects in public services.  

This formula has  received wide  support  in  Andhra Pradesh and has been endorsed by  the   State Government.

2.   This  Bill  has  been brought forward to  provide  the  necessary constitutional authority for giving effect to the Six-Point Formula in so  far as it relates to the provision of equitable opportunities  for people  of different areas of the State in the matter of admission  to educational  institutions and public employment and constitution of an Administrative  Tribunal  with  jurisdiction  to  deal  with    certain disputes  and  grievances relating to public services.  The Bill  also seeks  to  empower Parliament to legislate for establishing a  Central University  in the State and contains provisions of an incidental  and consequential  nature  including the provision for the  validation  of certain  appointments  made  in the past.  As  the   Six-Point  Formula provides  for the discontinuance of the Regional Committee constituted under  clause  (1) of article 371 of the Constitution, the  Bill  also provides for the repeal of that clause.

NEW DELHI;                                   UMA SHANKAR DIKSHIT.
The 12th December, 1973.

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Article 371D

THE CONSTITUTION (THIRTY-SECOND AMENDMENT) ACT, 1973

                                        [3rd May, 1974.]

An Act further to amend the Constitution of India.

BE  it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows:-

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1.   Short  title  and commencement (1).- This Act may be  called  the Constitution (Thirty-second Amendment) Act, 1973.

(2)  It  shall  come  into  force on  such  date_666  as  the  Central Government may, by notification in the official Gazette, appoint.

2.   Amendment  of  article   371.-Clause (1) of  article  371  of  the Constitution  shall  be omitted, and in the marginal heading  to  that article, the words “Andhra Pradesh,” shall be omitted.

3.  Insertion of new articles 371D and 371E.-After article 371C of the Constitution, the following articles shall be inserted, namely:-

 (1)   The President of India may by order made with respect to the State of Andhra Pradesh   provide, having regard to the requirements of the State as a whole, for equitable opportunities and facilities for the people belonging to different parts of the State, in the matter of public Employment and in the matter of education, and different provisions may be made for various parts of the State.

(2)   An order made under clause (1) may , in particular, – 

Require the State Government to organize any class or classes of posts in a civil service of , or any class  or classes of civil posts  under , the State into different local cadres for different parts of the State and allot in accordance with such principles and procedure as may be specified in the order the persons holding such posts to the local cadres so organized; 

 (b)   Specify any part or parts of the State which shall be regarded as the local area –      

 i)    For direct recruitment to posts in any local cadre ( whether organized in pursuance of an order under this article or constituted otherwise ) under the State Government; 

ii)    For direct recruitment to posts in any cadre under any local authority within the State; and


                  iii)    For the purposes of admission to any University within the State or to any other educational institution which is subject to the control of the State Government;     

         (c )  specify the extent to which , the manner in which and the conditions subject to which , preference or reservation shall be given or made –
                   i)      In the matter of direct recruitment to posts in any such cadre referred to in sub- clause (b) as may be specified in this behalf in the order, 

      ii)      In the matter of admission to any such University or other educational institution referred to in (b) as may be specified in this behalf in the order . To or in favour of candidates who have resided or studied for any period specified in the order in the local area in respect of such cadre , University or other educational institution , as the case may be.


(3)   The President may , by order , provide for the constitution of Administrative Tribunal for the State of Andhra Pradesh to exercise such jurisdiction , powers and authority

as may be specified in the order with respect to the following matter, namely,
 (a)    Appointment, allotment or promotion to such class or classes of posts in any civil service of the State, or such class or classes of civil posts under the State , or to such class or classes of posts under the control of any local authority within the State as may be specified in the order; 
               (b)   Seniority of persons appointed , allotted or promoted to such class or  classes of posts in any civil service of the State, or to such class or classes of civil posts under the State , or to such class or classes of posts under the control of any local authority with the State as may be specified in the order; 

(c)    Such other conditions of service of persons appointed, allotted or promoted to such class or classes of posts in any civil service of the State or to such class or classes of civil posts under the State or to such class or classes of posts in any civil service of the State or to such class or classes of posts under the control of any local authority within the  State , as may be specified in the order.

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(4)    An order made under clause (3) may –
               
 (a)    Authorize the Administrative  Tribunal to receive representations for the redress of grievances relating to any matter within its jurisdiction as the President may specify in the order and to made such orders thereon as the Administrative Tribunal deems fit;

(b)   Contain such provisions with respect to the powers and authorities and procedure of the Administrative Tribunal (including provisions with respect to the powers of the Administrative Tribunal   to             punish for contempt of itself) as the President may deem necessary; 
            
  (c)    Provide for the transfer to the Administrative Tribunal of such classes of proceedings , being proceedings relating to matters within its jurisdiction and pending before any court (other then the Supreme Court ) or Tribunal or other authority immediately before the commencement of such order , as may be specified in the order;

 (d)   Contain such supplemental , incidental and consequential provisions (including previsions as to  feesAnd as to limitation , evidence or for the application of any law for the time being in force subject to any exceptions or modifications ) as the President may deem necessary.

(5)   The order of the Administrative Tribunal finally disposing of any case shall become effective upon its confirmation by the State Government or on the expiry of three months from the date on which the order is made , whichever is earlier; Provided that  the State Government may , by special order made in writing and for reason to be specified therein, modify or annul any order of the Administrative Tribunal before it becomes effective and in such a case , the order of the Administrative Tribunal shall have effect only in such modified form or be of no effect , as the case may be.

(6)   Every special order made by the State Government under the proviso to clause (5) shall be laid , as soon as may be after it is made , before both  Houses of the State Legislature .

(7)   The High Court for the State shall not have any powers of superintendence over the Administrative Tribunal and no court ( other than the Supreme Court ) or tribunal shall exercise any jurisdiction , power or authority in respect of any  matter subject to the jurisdiction , power or authority of , or in relation to , the Administrative Tribunal.

(8)    If the President is satisfied that the continued existence of the Administrative Tribunal is not necessary , the President may by order abolish the Administrative Tribunal and make such provisions in such order as he may deem fit for the transfer and disposal of cases pending before the Tribunal immediately before such abolition.

(9)   Notwithstanding any judgment , decree or order of any court , tribunal or other authority , –
                     (a)    No appointment , posting , promotion or transfer of any person –
                              i)  Made before the 1st day of November , 1956, to any post under the Government of , or any local authority within, the State of Hyderabad as it existed before that date; or

                             ii)   Made before the commencement of the Constitution ( 32nd Amendment Act , 1973, to any post under the Government of , or any local or other authority within , the State of Andhra Pradesh ; and (b)   No action taken or thing done by or before any person referred to in sub clause (a) , shall be deemed to be illegal or void or ever to have become illegal or void merely on the ground that the appointment , posting , promotion or transfer of such person was not made in accordance with any law , then in force, providing for any requirement as to residence within the State of Hyderabad or as the case may be, with in any part of the State of Andhra Pradesh, in respect of such appointment, posting , promotion or transfer; 

(10)  The provisions of this article and of any order made by the President thereunder shall have effect notwithstanding anything in any other provision of this Constitution or any other law for the time being in force.