Article 371D: Special Provisions for Andhra Pradesh and Telangana

Andhra Pradesh and Telangana provisions under Article 371D form one of the more detailed special arrangements found in Part XXI of the Constitution, which deals with temporary, transitional and special provisions for certain states. Article 371D lets the President issue directions to secure fair access to government jobs and educational seats for people from different parts of the state, and since 2014 it governs both Andhra Pradesh and Telangana. This article sets out what 371D actually provides, the background that led to it, and how the 2014 reorganisation changed its application.

Why a Special Provision Was Needed

Part XXI of the Constitution contains a cluster of state-specific articles — 371, 371A, 371D and others — each responding to a distinct regional concern. Most of these, covering states such as Assam, Nagaland and Mizoram, exist because of a sizeable indigenous tribal population with a distinct history and culture that these states wished to protect. Andhra Pradesh's case was different: the concern was uneven development and unequal access to jobs and education across different regions within the same state, which had been a source of friction since the state's formation. Article 371D was the constitutional response to that regional imbalance, inserted specifically for Andhra Pradesh by the Constitution (Thirty-second Amendment) Act, 1973.

What Article 371D Provides

At its core, Article 371D empowers the President to make an order directing the state government to provide equitable opportunities and facilities for people belonging to different parts of the state, particularly in matters of public employment and education. Under this power, the President's order can:

• Require the constitution of local cadres in different areas for direct recruitment to state services or subordinate posts.
• Prescribe preferences or reservations for candidates who have studied or resided in a particular part of the state, when recruiting to specified categories of posts.
• Specify similar preferences for admission to educational institutions in the state.

The idea running through these provisions is that a single, undifferentiated state-wide pool for jobs and college seats can end up favouring more developed regions, so the President is given a tool to correct that imbalance by area-specific arrangements within the state itself.

From Undivided Andhra Pradesh to Two States

The provision took on new significance after the state was split. The Andhra Pradesh Reorganisation Act, 2014 bifurcated the erstwhile Andhra Pradesh, and Telangana emerged as the 29th state of the Indian Union on 2 June 2014, carved out of Andhra Pradesh's territory following a long-standing demand for a separate linguistic and regional identity. The Reorganisation Act also designated Hyderabad as the joint capital of both successor states for a period not exceeding ten years, a transitional arrangement necessitated by the fact that the city lay within the newly formed Telangana but had long served as the administrative and economic hub for the whole undivided state.

Rather than let Article 371D lapse for either successor state, the Reorganisation Act extended its application to Telangana as well. As a result, both Andhra Pradesh and Telangana today carry forward the same constitutional mechanism for local-cadre recruitment and educational safeguards that was originally designed for the undivided state, with each state now applying it within its own separate boundaries.

How 371D Fits Among the Other Special Provisions

Article 371D is one entry in a broader family of state-specific arrangements under Part XXI. The table below places it alongside a few of these for comparison.

Unlike Article 371A, which shields customary and land-related matters of an indigenous community from central legislative interference, Article 371D is essentially an administrative-equity tool: it does not touch personal law or land rights but addresses the distribution of state jobs and college seats within a state's own regions.

It is also worth noting that Article 371D operates alongside, not against, the Constitution's general equality guarantees. Article 14 guarantees equality before law and equal protection of laws, while Article 15 bars discrimination on grounds of religion, race, caste, sex or place of birth — but Article 15 does not bar preferences based on residence within a state for benefits that fall outside the fundamental rights it protects, such as fee concessions or seat allocation for state residents. Article 371D's local-cadre and preference mechanism operates in that space, addressing intra-state regional balance rather than the categories Articles 14 and 15 govern directly.

Andhra Pradesh and Telangana also share another distinguishing administrative feature: both are among the six Indian states that currently have a bicameral state legislature, alongside Uttar Pradesh, Bihar, Maharashtra and Karnataka.

UPSC Relevance

Prelims

• Article 371D was inserted by which constitutional amendment? (32nd Amendment Act, 1973)
• Which Act extended Article 371D to Telangana? (Andhra Pradesh Reorganisation Act, 2014)
• Telangana became which numbered state of the Indian Union? (29th)
• For how long was Hyderabad designated the joint capital under the 2014 Act? (a period not exceeding ten years)

Mains

• Discuss the constitutional mechanism under Article 371D for ensuring equitable opportunities in employment and education, and evaluate its relevance after the 2014 bifurcation of Andhra Pradesh.
• Compare the nature of special provisions under Part XXI of the Constitution with reference to Articles 371A and 371D.

FAQ

Q1. What is Article 371D of the Constitution? It is a special provision that empowers the President to direct the state government to ensure equitable opportunities in public employment and education for people from different parts of Andhra Pradesh and Telangana.

Q2. When was Article 371D inserted into the Constitution? It was inserted by the Constitution (Thirty-second Amendment) Act, 1973, originally for the state of Andhra Pradesh.

Q3. Does Article 371D apply to Telangana? Yes. The Andhra Pradesh Reorganisation Act, 2014 extended Article 371D to Telangana after it was carved out as the 29th state in June 2014.

Q4. What kind of measures can be taken under Article 371D? The President's order under this article can provide for local cadres for recruitment, preferences in appointment to certain posts, and preferences in admission to educational institutions, based on the part of the state a person belongs to.

Q5. Was Hyderabad the capital of both Andhra Pradesh and Telangana? Yes, under the Andhra Pradesh Reorganisation Act, 2014, Hyderabad was designated the joint capital of both states for a period not exceeding ten years.

Quick Revision

• Article 371D — inserted by 32nd Amendment Act, 1973, for undivided Andhra Pradesh.
• Purpose — President's power to ensure equitable employment and education opportunities across state regions.
• Mechanisms — local cadres, recruitment preferences, admission preferences.
• Extended to Telangana by the Andhra Pradesh Reorganisation Act, 2014.
• Telangana — 29th state of India, formed 2 June 2014.
• Hyderabad — joint capital of both states for up to ten years under the 2014 Act.
• Andhra Pradesh and Telangana — among six states with a bicameral legislature.

Sources

• Constitution of India, Part XXI (Articles 369–392) — legislative.gov.in
• Andhra Pradesh Reorganisation Act, 2014 — legislative.gov.in

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

• Indian Polity — M. Laxmikanth — the standard UPSC handbook covering Part XXI special provisions in detail.
• Introduction to the Constitution of India — D.D. Basu — authoritative constitutional-law treatment of state reorganisation and special provisions.
• The Constitution of India — Bare Act — the official text of Article 371D and related provisions.