Article 371E

Article 371E of the Constitution of India is an enabling provision that empowers Parliament to establish a Central University in the State of Andhra Pradesh. The article forms part of the special constitutional arrangements made for Andhra Pradesh, alongside Article 371D, to promote educational development and access to higher learning in the State.
It was introduced by the Constitution (Thirty-second Amendment) Act, 1973, and represents the Indian Constitution’s commitment to educational expansion and equitable access to academic opportunities in newly developing regions.

Background and Context

In the early 1970s, following regional movements and demands for balanced development across Andhra Pradesh, the Central Government introduced a series of special constitutional provisions for the State. While Article 371D dealt with equitable opportunities in public employment and education, Article 371E specifically addressed the need to enhance higher education infrastructure in the State.
At that time, Andhra Pradesh faced regional disparities in educational facilities, particularly in higher and technical education. To address this, Article 371E was incorporated to facilitate the establishment of a Central University that would ensure national-level educational standards and equal access for all students within the State.

Text and Nature of Article 371E

Article 371E reads as follows:

“Parliament may, by law, provide for the establishment of a University in the State of Andhra Pradesh.”

This simple yet significant provision carries the following constitutional implications:

• It is an enabling provision—it does not itself create a university but authorises Parliament to do so by enacting a law.
• It empowers Parliament, not the State Legislature, to establish and regulate the Central University.
• It ensures that the University functions under the authority of Parliament and the Constitution of India, not under the control of the State Government.

Thus, Article 371E grants exclusive legislative competence to Parliament in this regard, making the Central University in Andhra Pradesh similar in status and governance to other Central Universities established under parliamentary law.

Nature and Scope

• Enabling Character: Article 371E does not create any institution directly but gives Parliament the power to legislate for one.
• National Jurisdiction: The university established under this article falls under the Union List (Entry 63, List I, Seventh Schedule) which relates to “Institutions declared by Parliament to be of national importance.”
• No Special Autonomy or Status: The article does not confer any special privileges, powers, or constitutional status on the university beyond those conferred by the statute establishing it.
• Continuing Relevance: The provision is permanent and remains operative as long as the need for such a university exists or Parliament chooses to retain it.

Establishment of the Central University of Andhra Pradesh

Pursuant to the powers conferred by Article 371E, Parliament enacted the Central Universities Act, 2009, which provided for the establishment of several new Central Universities across India, including one in Andhra Pradesh.

• The Central University of Andhra Pradesh was established at Anantapur in the Rayalaseema region.
• Its creation aimed to:
  • Promote higher education and research in the underdeveloped regions of the State.
  • Ensure equitable access to quality education at the national level.
  • Facilitate academic collaboration with other national and international institutions.

The university functions under the regulatory framework of the Central Universities Act, 2009, and is governed by statutory authorities such as the Court, Executive Council, and Academic Council.
The President of India, as the Visitor of all Central Universities, appoints the Vice-Chancellor and oversees the institution’s functioning through the Ministry of Education (formerly MHRD).

Relationship with Article 371D

While Article 371D ensures regional equity in educational and employment opportunities within the State, Article 371E complements it by providing the structural framework for a Central University that caters to both regional and national aspirations.
Key distinctions include:

Thus, while Article 371D focuses on administrative and employment equity, Article 371E aims to strengthen educational infrastructure at the central level.

Judicial Interpretation

There are no specific Supreme Court or High Court judgments directly interpreting Article 371E. However, its scope and constitutional basis have been acknowledged in judicial discussions concerning regional preferences and educational development, particularly in connection with Article 371D.
Some related cases include:

• A.V.S. Narasimha Rao v. State of Andhra Pradesh (1970): Upheld the principle of residence-based preferences in education, influencing later constitutional developments like Article 371D.
• P. Sambamurthy v. State of Andhra Pradesh (1987): Although focused on the Administrative Tribunal under Article 371D, it reaffirmed the legislative intent to ensure fairness and balanced opportunities across the State.

Since Article 371E merely enables Parliament to legislate, its operation has not generated litigation concerning constitutional interpretation.

Relation with Other Constitutional and Legislative Provisions

• Entry 63, Union List (Seventh Schedule): Empowers Parliament to establish institutions of national importance, including universities.
• Central Universities Act, 2009: Provides the legislative framework for establishing and managing Central Universities, including the Central University of Andhra Pradesh.
• Article 245 and 246: Define the scope of legislative powers between Parliament and State Legislatures, under which Article 371E operates as an exception conferring exclusive jurisdiction on Parliament.

Article 371E does not limit the State Legislature’s power to establish State Universities under its jurisdiction; it only ensures that at least one Central University exists in Andhra Pradesh under parliamentary authority.

Significance of Article 371E

The constitutional and educational importance of Article 371E can be summarised as follows:

• Promotion of Higher Education: Facilitates the establishment of a Central University to promote academic excellence and research in Andhra Pradesh.
• Regional Balance: Addresses disparities in educational infrastructure across the State’s regions.
• National Integration: Connects the State’s education system with national and international academic standards.
• Permanent Provision: Unlike some temporary or transitional provisions under Part XXI, Article 371E is a permanent measure supporting ongoing educational development.
• Constitutional Recognition: Confirms the role of higher education as a subject of national importance requiring parliamentary intervention.

Limitations

Despite its potential, Article 371E has certain limitations:

• It is non-self-executing, meaning that it requires parliamentary legislation to take effect.
• It does not confer special privileges on Andhra Pradesh students or residents.
• The article does not create constitutional rights enforceable by individuals.
• The scope of the provision is confined solely to the establishment of a single Central University, not a broader educational policy framework.

Uniqueness of Article 371E

Article 371E is unique in the Indian Constitution because:

• It is state-specific, applying exclusively to Andhra Pradesh.
• No other State has a similar constitutional mandate for the establishment of a Central University.
• It complements a broader constitutional effort to achieve educational equity and regional development through Articles 371D and 371E.