Article 371 of the Constitution of India

Article 371 of the Constitution of India forms part of the special provisions for certain States under Part XXI (Articles 369 to 392). It provides for special responsibilities and powers of the Governor of Maharashtra and Gujarat to ensure the equitable distribution of opportunities and resources, particularly in matters of public employment, education, and economic development among different regions of these States.
This Article, along with subsequent provisions from Articles 371A to 371J, was included to address the unique social, cultural, and economic conditions of various States, thereby strengthening the principle of asymmetric federalism within the Indian constitutional framework.

Background and Constitutional Context

After India’s independence, several regions and States were reorganised based on linguistic, cultural, and administrative factors. The States Reorganisation Act of 1956 led to the formation of new States such as Maharashtra and Gujarat (which were later separated from the former Bombay State in 1960).
However, disparities in regional development within these States became a matter of concern. Certain areas were economically backward compared to others, leading to demands for balanced regional growth. To address these inequalities, Article 371 was inserted into the Constitution to empower the Governor with specific responsibilities for the advancement of backward regions and the equitable distribution of public resources.

Text of Article 371

The full text of Article 371 reads:
(1) The President may by order made with respect to the State of Maharashtra or Gujarat provide for any special responsibility of the Governor for—
(a) the establishment of separate development boards for Vidarbha, Marathwada, and the rest of Maharashtra; and for Saurashtra, Kutch, and the rest of Gujarat;(b) the equitable allocation of funds for developmental expenditure over the said areas;(c) an equitable arrangement providing adequate facilities for technical education and vocational training, and adequate employment opportunities in the State services, in respect of the said areas;(d) the equitable distribution of benefits of development among all regions of the State.
This Article thus grants the Governor of Maharashtra and Gujarat a constitutionally recognised special responsibility for ensuring balanced regional development within their respective States.

Purpose and Scope

The key purpose of Article 371 is to:

• Promote balanced regional development within Maharashtra and Gujarat.
• Ensure equitable distribution of financial resources and employment opportunities across regions.
• Empower the Governor to oversee the fair implementation of developmental policies and monitor disparities.
• Prevent regional discontent that could arise from unequal growth and resource allocation.

This constitutional safeguard ensures that economic and administrative benefits are not concentrated in one region at the cost of another.

Special Responsibilities of the Governor

Under Article 371, the Governor acts as a constitutional custodian for regional equity. His or her responsibilities include:

• Establishment of Development Boards:The Governor must ensure the creation and functioning of development boards for each region (Vidarbha, Marathwada, and the rest of Maharashtra; Saurashtra, Kutch, and the rest of Gujarat). These boards are tasked with identifying development priorities and monitoring their execution.
• Equitable Allocation of Funds:The Governor must ensure that the allocation of State funds for developmental expenditure is fair and regionally balanced, preventing economic disparity among regions.
• Educational and Employment Equity:The Governor must ensure adequate opportunities in technical education, vocational training, and State employment across all regions. This measure prevents concentration of opportunities in urban or developed zones.
• Periodic Reporting:The Governor is expected to submit annual reports to the President on the functioning of development boards and the progress of measures undertaken to achieve regional balance.

These powers are discretionary in nature, meaning the Governor acts independently and not necessarily on the advice of the State’s Council of Ministers, as these duties arise directly from the Constitution.

Historical Evolution

When the bilingual Bombay State was bifurcated in 1960 into Maharashtra and Gujarat, regional disparities quickly became evident. The Marathwada and Vidarbha regions in Maharashtra and the Kutch and Saurashtra regions in Gujarat were relatively less developed compared to their counterparts.
Recognising this, Parliament amended the Constitution through the Seventh Amendment (1956) and later through the Constitution (Twenty-Second Amendment) Act, 1962, which introduced Article 371. The provision was aimed at institutionalising mechanisms for equitable development and preventing future demands for statehood based on economic grievances.

Implementation and Functioning

Following the creation of development boards, Maharashtra and Gujarat established regional boards that continue to function as advisory and monitoring bodies.
In Maharashtra, the three development boards are:

1. Vidarbha Development Board
2. Marathwada Development Board
3. Rest of Maharashtra Development Board

Similarly, in Gujarat, development boards exist for:

1. Saurashtra Development Board
2. Kutch Development Board
3. Rest of Gujarat Development Board

These boards review regional development data, assess fund allocation, and advise on necessary corrective measures. The Governor, under Article 371, ensures compliance with equity principles while reporting progress to the President of India.

Constitutional Significance

Article 371 holds special significance in the Indian federal system for several reasons:

• It exemplifies cooperative federalism, wherein the Union and State governments coordinate to promote regional balance.
• It demonstrates the Constitution’s flexibility in accommodating regional diversity and asymmetrical federal arrangements.
• It acts as a constitutional assurance to regions within States that their developmental concerns will be addressed equitably.
• It prevents political alienation of backward regions by ensuring representation and economic justice through constitutional mechanisms.

By providing for special gubernatorial responsibilities, the provision also ensures that regional equity becomes a constitutional obligation rather than a political promise.

Relationship with Other Special Provisions (Articles 371A–371J)

Article 371 is the base provision among a series of Articles (371A to 371J) introduced over time to cater to the special needs of different States and regions. While Article 371 concerns Maharashtra and Gujarat, subsequent Articles extend similar or unique arrangements to other States, such as:

• Article 371A – Nagaland (protection of Naga customary laws and resources)
• Article 371B – Assam (creation of a committee for the administration of tribal areas)
• Article 371C – Manipur (special administrative arrangements for hill areas)
• Article 371D and 371E – Andhra Pradesh and Telangana (equal opportunities in education and employment)
• Article 371F – Sikkim (special provisions for integration and governance)
• Article 371J – Karnataka (special status for the Hyderabad–Karnataka region)

Together, these provisions reinforce India’s asymmetric federal model, recognising the unique needs of diverse regions while maintaining national unity.

Challenges and Criticism

While Article 371 has contributed to greater awareness and planning for balanced development, several challenges persist:

• Regional boards often lack executive powers, functioning only as advisory bodies.
• Political influence and bureaucratic delays sometimes affect fund allocation and project implementation.
• Disparities between developed and underdeveloped regions, such as Vidarbha’s continued backwardness, have not been fully eliminated despite constitutional safeguards.
• Some critics argue that these provisions should be backed by statutory mechanisms with enforceable accountability.

Nevertheless, the provision remains a constitutional safeguard against regional neglect, ensuring that economic and social equity remains a continuous policy objective.

Judicial and Administrative Perspective

Although the Governor’s powers under Article 371 are discretionary, courts have clarified that they are not beyond judicial scrutiny if misused. However, since these powers are constitutionally conferred, they must be exercised objectively and transparently in the spirit of promoting regional equity.
Governors have periodically submitted reports to the President outlining developmental progress, though implementation effectiveness often depends on the commitment of the respective State governments.