Article 371J

Article 371J of the Constitution of India provides special constitutional provisions for the Hyderabad–Karnataka region of the State of Karnataka. It was inserted by the Constitution (Ninety-eighth Amendment) Act, 2012, which came into effect on 2 January 2013. This article aims to address the socio-economic and educational backwardness of certain districts in northern Karnataka and to ensure equitable development within the State.
The Hyderabad–Karnataka region covered under Article 371J comprises the districts of Bidar, Kalaburagi (Gulbarga), Yadgir, Raichur, Koppal, and Ballari (Bellary).

Historical Background

The Hyderabad–Karnataka region was part of the former Hyderabad princely state ruled by the Nizam until 1948, when it was integrated into India following the Police Action (Operation Polo). After the States Reorganisation Act, 1956, this region was merged with the State of Mysore (now Karnataka).
Despite integration, the region remained economically and educationally underdeveloped compared to southern Karnataka. The disparities in infrastructure, employment, and educational access led to prolonged demands for constitutional safeguards similar to those provided to other backward regions in India.
To address these concerns, Article 371J was introduced to provide targeted affirmative action for the Hyderabad–Karnataka region, ensuring fair opportunities and balanced development.

Objectives of Article 371J

The primary objectives of Article 371J are:

• To promote balanced regional development in Karnataka;
• To provide preferential treatment in education and employment for residents of the Hyderabad–Karnataka region;
• To ensure equitable allocation of state funds for the region’s development;
• To empower the Governor of Karnataka with special responsibilities to monitor and implement these provisions;
• To promote technical education, vocational training, and employment opportunities for local youth.

Key Provisions of Article 371J

1. Special Responsibility of the GovernorThe President of India may direct the Governor of Karnataka to exercise special responsibility for the Hyderabad–Karnataka region.The Governor’s responsibilities include:

• Establishing a separate development board for the region;
• Ensuring the equitable allocation of funds for developmental projects across the State, giving due consideration to the needs of the Hyderabad–Karnataka region;
• Arranging adequate facilities for technical education and vocational training;
• Ensuring employment opportunities in State government services and other public sectors for the people of the region.

The Governor is required to submit annual reports to the State Legislative Assembly on the functioning of the development board and the progress made in implementing the special provisions.

2. Establishment of a Development BoardUnder Article 371J, a special development board is constituted for the Hyderabad–Karnataka region.

• This board is responsible for planning, monitoring, and coordinating developmental activities in the region.
• It functions under the special responsibility of the Governor and reports annually to the State Legislature.
• The board ensures that developmental funds are distributed equitably and utilised effectively.

3. Equitable Allocation of FundsThe article mandates fair and equitable distribution of State resources between the Hyderabad–Karnataka region and other parts of Karnataka.

• The allocation of funds must consider the region’s economic and infrastructural needs, ensuring that backward areas receive adequate financial support.
• This is a constitutional commitment to reduce inter-regional disparities.

4. Education and Employment ProvisionsA central feature of Article 371J is the reservation policy for residents of the Hyderabad–Karnataka region.

• In Education: Up to 70% of seats in government and government-aided educational institutions (including technical, medical, and professional colleges) are reserved for local candidates from the region.
• In Employment: Up to 70% of vacancies in State government jobs in the region are reserved for local residents.
  • “Local Candidate” status is defined by domicile and residency requirements as specified in the Presidential Order of 2013.

These reservations aim to enhance access to quality education and secure public employment for residents of historically disadvantaged districts.

5. Reservation Policy and Implementation OrdersTo operationalise the constitutional mandate under Article 371J, the Karnataka Government issued two major Presidential Orders in 2013:

• The Karnataka Public Employment (Reservation in Appointment for Hyderabad–Karnataka Region) Order, 2013, and
• The Karnataka Educational Institutions (Regulation of Admission in Hyderabad–Karnataka Region) Order, 2013.

These orders provide detailed guidelines for identifying local candidates, implementing reservation quotas, and ensuring administrative compliance.

6. Legislative Oversight and Reporting

• The Governor is required to submit an annual report on the working of the development board and the implementation of Article 371J provisions to the State Legislative Assembly.
• This promotes transparency, accountability, and continuous review of the developmental outcomes.

Constitutional and Administrative Mechanism

Article 371J is part of Part XXI of the Constitution, which contains temporary, transitional, and special provisions for different States.It gives constitutional legitimacy to region-specific affirmative action, similar to the provisions made for Maharashtra, Gujarat, Nagaland, Mizoram, and other States under Articles 371 to 371I.
However, unlike provisions related to cultural autonomy or governance, Article 371J focuses primarily on economic empowerment and regional equity.

Judicial Interpretation and Case Law

The constitutional validity and implementation of Article 371J have been upheld by Indian courts in several cases:

1. Dr. B.R. Ambedkar Medical College v. State of Karnataka (2014):
   • The Karnataka High Court upheld the reservation policy for the Hyderabad–Karnataka region as constitutionally valid.
   • It ruled that Article 371J constitutes a reasonable classification under Article 14 (Right to Equality) and does not violate equality before law.
2. K. Manjunath v. State of Karnataka (2015):
   • The High Court reaffirmed that educational and employment reservations under Article 371J were justified to achieve regional balance.
3. Subsequent Challenges:
   • Both the Karnataka High Court and the Supreme Court have consistently recognised that Article 371J is an affirmative measure for socio-economic upliftment and does not infringe upon the fundamental rights of citizens from other regions of Karnataka.

Geographical Scope

The provisions of Article 371J specifically apply to the Hyderabad–Karnataka region, comprising:

• Bidar District
• Kalaburagi (Gulbarga) District
• Yadgir District
• Raichur District
• Koppal District
• Ballari (Bellary) District

These areas have historically lagged behind the southern and coastal parts of Karnataka in terms of literacy, healthcare, industrial development, and infrastructure.

Significance of Article 371J

• Reduces Regional Disparities: Targets economic and developmental imbalances within Karnataka.
• Empowers Local Population: Provides reserved opportunities in education and employment to residents of the Hyderabad–Karnataka region.
• Promotes Equitable Development: Ensures fair distribution of funds and resources across districts.
• Enhances Access to Education: Increases local representation in technical, medical, and higher education.
• Institutional Accountability: The Governor’s annual reporting mechanism ensures transparency and evaluation of progress.
• Constitutional Legitimacy for Affirmative Action: Grants legal and constitutional backing to policies aimed at regional upliftment.

Comparison with Other Regional Provisions

Article 371J, therefore, mirrors the equity-oriented framework of Article 371D (Andhra Pradesh) but is uniquely designed to address intra-state imbalances within Karnataka.

Implementation and Continuing Relevance

Since its enactment, Article 371J has led to the creation of the Hyderabad–Karnataka Region Development Board, tasked with improving education, health, and infrastructure.

• The reservation quotas in employment and education have increased representation of locals in public institutions.
• The provision continues to serve as a constitutional tool for regional empowerment, contributing to Karnataka’s inclusive growth.
• There is no sunset clause, meaning the provision remains in force indefinitely until repealed or amended by Parliament.