The Constitution of India
Article 371H
Special provision with respect to the State of Arunachal Pradesh
Notwithstanding anything in this Constitution, —
(a) the Governor of Arunachal Pradesh shall have special responsibility with respect to law and order in the State of Arunachal Pradesh and in the discharge of his functions in relation thereto, the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken:
Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this clause required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment:
Provided further that if the President on receipt of a report from the Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibility with respect to law and order in the State of Arunachal Pradesh, he may by order direct that the Governor shall cease to have such responsibility with effect from such date as may be specified in the order;
(b) the Legislative Assembly of the State of Arunachal Pradesh shall consist of not less than thirty members.
Why this exists
Arunachal Pradesh, formerly the North East Frontier Agency (NEFA), was a strategically sensitive border region administered directly by the Union government due to its proximity to China and its diverse tribal population with limited administrative infrastructure. When it was made a full state by the State of Arunachal Pradesh Act, 1986 (effective 1987), Parliament inserted Article 371H to ease the transition: giving the Governor a special, personal role in law and order (similar to arrangements for Nagaland under Article 371A) to reassure Delhi about security in a newly formed border state, while also fixing a minimum assembly size appropriate to its small population so the legislature would still function credibly.
Common misconceptions
- Myth: The Governor can ignore the Council of Ministers entirely on law and order.
Fact: The Governor must still consult the Council of Ministers first; only the final decision on action is exercised through the Governor's individual judgment. - Myth: This special power is permanent and can never be removed.
Fact: The President can end the Governor's special law-and-order responsibility at any time by a formal order once satisfied it is no longer needed. - Myth: Courts can review whether the Governor was right to use personal judgment in a given case.
Fact: The Article expressly makes the Governor's own decision on this question final and not open to challenge in court.