## CONSTITUTION 371D

### CONSTITUTION 371D — Special provisions with respect to 4[the State of Andhra Pradesh or the State of Telangana
- https://unisonlegal.in/statutes/constitution/371D

> 3[371D. Special provisions with respect to 4[the State of Andhra
Pradesh or the State of Telangana].-5[(1) The President may by order made
with respect to the State of Andhra Pradesh or the State of Telangana, provide,
having regard to the requirement of each State, for equitable opportunities and
facilities for the people belonging to different parts of such State, in the matter
of public employment and in the matter of education, and different provisions
may be made for various parts of the States.]

1. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71, for
"Part A" (w.e.f. 21-1-1972).
2. Art 371C ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 5
(w.e.f. 15-2-1972).
3. Art 371D and Art 371E ins. by the Constitution (Thirty-second Amendment) Act,
1973, s. 3 (w.e.f. 1-7-1974).
4. Subs. by the Andhra Pradesh Reorganisation Act, 2014, (6 of 2014), s. 97, for "the
State of Andhra Pradesh" (w.e.f. 2-6-2014).
5. Subs. by s. 97, ibid, for cl. (1) (w.e.f. 2-6-2014).
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(2) An order made under clause (1) may, in particular,-
(a) require the State Government to organise 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 organised;
(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
organised 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 sub-clause (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 an
Administrative Tribunal for 1[the State of Andhra Pradesh and for the State of
Telangana] to exercise such jurisdiction, powers and authority [including any
jurisdiction, power and authority which immediately before the commencement
of the Constitution (Thirty-second Amendment) Act, 1973, was exercisable by
any court (other than the Supreme Court) or by any tribunal or other authority]
as may be specified in the order with respect to the following matters, namely:-

1. Subs. by the Andhra Pradesh Reorganisation Act, 2014, (6 of 2014), s. 97, for "the
State of Andhra Pradesh" (w.e.f. 2-6-2014).
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(a) appointment, allotment or promotion 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 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 within 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 under the control of any local authority within the State,
as may be specified in the order.
(4) An order made under clause (3) may-
(a) authorise 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 make 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 than 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 provisions as to fees and 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.
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(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 reasons 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
(Thirty-second 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),

 In P. Sambamurthy and Others Vs. State of Andhra Pradesh and Others (1987)
1 S.C.C. 362, the Supreme Court declared cl. (5) of art. 371D along with the proviso to
be unconstitutional and void.
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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, within 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 in any other law for the time being in force.