Ninety-eighth Amendment of the Constitution of India

The Ninety-eighth Amendment of the Constitution of India, officially titled The Constitution (Ninety-eighth Amendment) Act, 2012, introduced special provisions for the Hyderabad-Karnataka region within the State of Karnataka by inserting Article 371J into the Constitution. Enacted on 1 January 2013, the amendment aimed to promote balanced regional development and address the long-standing socio-economic disparities faced by this historically disadvantaged area.

Background and Context

The Hyderabad-Karnataka region comprises the districts of Bidar, Gulbarga (Kalaburagi), Raichur, Koppal, Bellary, and Yadgir, which were once part of the Hyderabad princely state under the rule of the Nizam. When the Indian Union was reorganised in 1956 under the States Reorganisation Act, this region was integrated into the erstwhile State of Mysore, later renamed Karnataka.
Despite this administrative integration, the Hyderabad-Karnataka region continued to lag behind in education, infrastructure, industrial growth, and employment compared to southern and coastal Karnataka. The reasons were largely historical—during the Nizam’s rule, the area remained underdeveloped due to minimal state investment in education and industry.
Over the decades, regional disparities in Karnataka led to the rise of local movements demanding special constitutional status to ensure equitable distribution of resources and development opportunities. Various reports, including those by state-level committees, recommended special provisions similar to those available to other regions under Article 371, such as Vidarbha and Marathwada in Maharashtra and the Saurashtra and Kutch regions in Gujarat.
Responding to these demands, the Government of India decided to amend the Constitution to create a dedicated legal and institutional mechanism for promoting the development of the Hyderabad-Karnataka region.

Legislative Process and Enactment

The Constitution (Ninety-eighth Amendment) Bill, 2012, was introduced in Parliament to insert Article 371J under Part XXI of the Constitution, which deals with “Temporary, Transitional and Special Provisions.” The Bill was designed to confer special status on the Hyderabad-Karnataka region within Karnataka, allowing for targeted development initiatives and administrative reforms.
After being passed by both Houses of Parliament, the Bill received the assent of the President of India on 1 January 2013 and came into force the same day.

Provisions of the Amendment

The Ninety-eighth Amendment inserted Article 371J into the Constitution, which provides for special provisions with respect to the State of Karnataka, specifically focusing on the Hyderabad-Karnataka region.
Key features of Article 371J include:

1. Establishment of a Development Board
   • A separate Development Board for the Hyderabad-Karnataka region is to be constituted under Article 371J(2).
   • The Chairperson is appointed by the Governor of Karnataka, and the members are nominated by the State Government.
   • The Board is tasked with formulating policies and overseeing development programmes aimed at improving the socio-economic conditions of the region.
   • It must submit an annual report on its functioning and progress to the State Legislative Assembly.
2. Equitable Opportunities and FacilitiesThe amendment ensures that people from the Hyderabad-Karnataka region are given equitable opportunities in:
   • Public employment within the State.
   • Educational and vocational training institutions, especially in professional and technical fields.
   • Access to infrastructure, resources, and welfare schemes.
3. Empowerment of the Governor
   • The Governor of Karnataka is vested with special responsibility for ensuring the equitable allocation of funds and development benefits to the region.
   • The Governor exercises oversight over the functioning of the Development Board and reports to the President of India periodically on the state of development in the region.
4. Legislative Oversight
   • The Development Board’s report must be presented before the Legislative Assembly of Karnataka, ensuring democratic accountability and public transparency.

Objectives of the Amendment

The primary goals of the Ninety-eighth Amendment were:

• To accelerate the pace of socio-economic development in the Hyderabad-Karnataka region.
• To reduce intra-state disparities by promoting balanced regional development across Karnataka.
• To ensure fair access for the people of the region to education, employment, and infrastructure.
• To provide a constitutional mechanism for long-term and sustained policy intervention in historically neglected areas.

Impact and Implementation

Since its enactment, the Ninety-eighth Amendment has had several significant outcomes for the Hyderabad-Karnataka region:

1. Creation of the Hyderabad-Karnataka Region Development Board (HKRDB):
   • The HKRDB was constituted in 2013 to implement developmental schemes, monitor funding allocation, and address region-specific challenges such as poverty, illiteracy, and lack of infrastructure.
2. Reservation in Education and Employment:
   • A key feature of the implementation has been the introduction of local quotas in educational institutions and public sector jobs.
   • Candidates from the Hyderabad-Karnataka region are entitled to 8% reservation in State government employment and local preference in educational admissions, thereby increasing regional representation.
3. Increased Public Investment:
   • Special budgetary allocations have been made for improving road connectivity, industrial development, irrigation projects, and educational infrastructure.
   • Several universities, engineering colleges, and skill-development centres have been established to enhance local capacity building.
4. Socio-Economic Upliftment:
   • The constitutional recognition under Article 371J has boosted public confidence and political engagement in the region.
   • It has also encouraged greater participation from private industries and non-governmental organisations in development programmes.

Comparative Perspective: Article 371 Series

The Ninety-eighth Amendment forms part of a larger set of provisions—Articles 371 to 371J—that provide special arrangements for particular States or regions in India to address specific historical, cultural, or developmental needs.

This series demonstrates India’s flexible federal structure and commitment to asymmetric federalism, allowing differential arrangements to accommodate regional diversities.

Significance

The Ninety-eighth Amendment holds both constitutional and developmental significance:

• Institutionalised Regional Equity: It transformed political demands for regional fairness into a legally enforceable mechanism.
• Empowerment through Representation: Local populations gained institutional channels for influencing State policy.
• Model for Decentralised Development: The amendment established a precedent for addressing regional imbalances within large States through constitutionally mandated boards and quotas.
• Promotion of Inclusive Growth: It strengthened the constitutional commitment to equality, social justice, and regional balance under the Directive Principles of State Policy.