Article 371

Article 371 of the Constitution of India contains special provisions designed to promote balanced development and equitable distribution of resources within the States of Maharashtra and Gujarat. These provisions were introduced to address regional disparities and to ensure that less-developed areas within these States received focused attention in planning and implementation of developmental programmes.

Historical Background and Constitutional Context

Following the States Reorganisation Act of 1956, which reorganised States along linguistic lines, the erstwhile State of Bombay was divided into two new States—Maharashtra and Gujarat—on 1 May 1960 under the Bombay Reorganisation Act, 1960.
During the period preceding the bifurcation, significant disparities in socio-economic development were observed among different regions such as Vidarbha and Marathwada in Maharashtra, and Saurashtra and Kutch in Gujarat. To ensure regional balance and prevent neglect of economically backward areas, Article 371(2) was enacted as part of the Constitution (Seventh Amendment) Act, 1956, providing a constitutional mechanism for equitable development.

Objective and Purpose

The main objectives of Article 371 are:

  • To secure balanced regional development within Maharashtra and Gujarat.
  • To ensure equitable allocation of funds among different regions of these States.
  • To empower the Governor with special responsibilities to monitor and promote development in less-advanced areas.
  • To prevent political or economic marginalisation of historically underdeveloped regions.

Text and Key Provisions of Article 371(2)

Article 371(2) lays down the following framework:

(a) The President may, by order, direct that the Governor of Maharashtra or Gujarat shall have a special responsibility for:

  • The establishment of separate development boards for certain specified regions; and
  • Ensuring the equitable allocation of funds for development expenditure across these regions.

(b) The Governor, in exercising this special responsibility, shall also ensure equitable arrangements for providing adequate facilities for technical education, vocational training, and employment opportunities.

This provision authorises the President of India to issue orders assigning these special responsibilities to the Governors of Maharashtra and Gujarat.

Regions Covered Under Development Boards

Under Article 371(2), the Governors of Maharashtra and Gujarat have established development boards for specific regions, as directed by the President:

  • In Maharashtra:

    • Vidarbha,
    • Marathwada, and
    • The Rest of Maharashtra (which includes Western Maharashtra and Konkan regions).
  • In Gujarat:

    • Saurashtra,
    • Kutch, and
    • The Rest of Gujarat.

These regions were identified based on historical, geographical, and socio-economic factors, ensuring that all parts of the States receive due consideration in developmental planning.

Role and Responsibilities of the Governor

The Governor acts as a constitutional authority with special responsibility under Article 371(2). This role includes:

  • Overseeing the establishment and functioning of the development boards.
  • Monitoring the implementation of schemes and projects to reduce regional disparities.
  • Ensuring the equitable distribution of state and central funds among the identified regions.
  • Submitting annual reports on the working of these boards to the State Legislature.

The Governor, while exercising these responsibilities, acts in his or her individual discretion, guided by directions from the President of India.

Functions and Powers of the Development Boards

The development boards established under Article 371(2) serve as advisory and monitoring bodies. Their main functions include:

  • Reviewing the progress of development projects within their respective regions.
  • Recommending priorities for investment and allocation of financial resources.
  • Identifying areas of regional imbalance in sectors such as infrastructure, education, health, and employment.
  • Reporting annually to the Governor on the status of regional development and utilisation of funds.

While their recommendations are not legally binding, they carry significant weight in the formulation of State development policies.

Role of the President

The President of India has the authority to:

  • Issue initial orders directing the Governors of Maharashtra and Gujarat to assume these special responsibilities.
  • Modify or withdraw such orders if necessary.
  • Oversee the implementation of Article 371(2) through periodic review of reports submitted by the Governors.

The provision contains a non obstante clause, meaning it overrides other constitutional provisions to the extent of any inconsistency.

Implementation and Reporting

Pursuant to the Presidential orders, both Maharashtra and Gujarat have constituted their respective development boards. These boards submit annual reports to the Governor, who in turn lays them before the State Legislature.
In Maharashtra, three separate development boards have been continuously functioning since the 1970s, focusing on infrastructure, irrigation, industrialisation, and social welfare in the backward regions of Vidarbha and Marathwada.
In Gujarat, the boards for Saurashtra and Kutch have played similar roles in recommending measures to overcome geographic isolation and economic underdevelopment.

Judicial Interpretation

There is no direct Supreme Court judgment exclusively interpreting Article 371(2). However, general constitutional principles regarding the Governor’s discretionary powers, as articulated in cases such as:

  • Samsher Singh v. State of Punjab (1974), and
  • Nabam Rebia v. Deputy Speaker (2016),

apply to this context. These judgments clarify that while the Governor normally acts on the advice of the Council of Ministers, he or she may act independently in matters where the Constitution assigns a special responsibility, such as under Article 371(2).

Criticism and Challenges

Despite the constitutional intent behind Article 371(2), certain issues have persisted:

  • Ineffectiveness of Development Boards: Critics argue that the boards often function as advisory rather than executive bodies, with limited influence on actual policy implementation.
  • Regional Discontent: Regions such as Vidarbha have repeatedly demanded separate statehood, alleging inadequate attention from the State Government and insufficient resource allocation.
  • Administrative Overlap: Coordination between development boards and State departments sometimes leads to bureaucratic delays and overlapping responsibilities.

Nevertheless, the article continues to serve as an institutional mechanism for addressing regional inequality and promoting balanced growth.

Relation with Other Provisions

  • Article 371(1): Relates to special responsibility of the Governor of Maharashtra and Gujarat (prior to bifurcation of Bombay State).
  • Articles 371A–371J: Contain similar special provisions for other States and regions such as Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka.
  • Article 356: Does not affect the operation of the Governor’s special responsibilities under Article 371.

Significance and Continuing Relevance

The enduring relevance of Article 371(2) lies in its role as a federal balancing instrument. It demonstrates the Constitution’s capacity to accommodate regional diversity while preserving national unity.
Its key contributions include:

  • Institutionalising regional equity in planning and governance.
  • Providing a constitutional mechanism for targeted development in backward regions.
  • Reinforcing the principle of asymmetric federalism, which allows flexibility within the Indian federal framework to address region-specific needs.
Originally written on May 1, 2018 and last modified on October 13, 2025.

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