Article 371 of Indian Constitution: Special provision with respect to the States of Maharashtra and Gujarat
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India’s Constitution is a living document that adapts to the diverse needs of its states. Among its most flexible tools is Article 371 of Indian Constitution, a provision that grants special powers and responsibilities to certain states for their socio-economic and cultural upliftment . Introduced under Part XXI of the Constitution, titled “Temporary, Transitional and Special Provisions,” article 371 addresses regional disparities and promotes balanced development.
What is Article 371 of Indian Constitution? It allows for the creation of state-specific provisions to preserve local traditions, ensure fair employment, and manage resource allocation. Over time, additional clauses—article 371 A to J—have been added to include different states like Nagaland, Andhra Pradesh, Sikkim, and Karnataka, forming the article 371 states list.
This article focuses specifically on the base provision of art 371, related to Maharashtra and Gujarat, and explores its language, interpretation, cases, significance, and recent developments. Explore in-depth analysis of other Constitutional Articles.
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Name of the Article |
Article 371 of Indian Constitution- Special provision with respect to the States of Maharashtra and Gujarat |
Part of the Constitutional Article |
Part XXI |
Article 371 of Indian Constitution : Provision with respect to the States of Maharashtra and Gujarat
Notwithstanding anything in this Constitution 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 or Saurashtra, Kutch and the rest of Gujarat with the provision that a report on the working of each of rest of these boards will be placed each year before the State Legislative Assembly ;
(b) the equitable allocation of funds for developmental expenditure over the said areas; subject to the requirements of the State as a whole ; and
(c) an equitable arrangement providing adequate facilities for technical education and vocational training and adequate opportunities for employment in services under the control of the State Government, in respect of all the said areas subject to the requirements of the State as a whole .
Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders"
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Article 371 of Indian Constitution: Simplified Interpretation
Under the Indian Constitution ,Article 371 gives the President the power to assign special responsibilities to the Governors of Maharashtra and Gujarat. These responsibilities focus on ensuring balanced regional development.The key provisions are:
- Special Responsibility of the Governor: The President may direct the Governor to oversee the creation and functioning of separate development boards.
- Development Boards: These are for Vidarbha and Marathwada in Maharashtra, and Saurashtra and Kutch in Gujarat.
- Equitable Allocation of Funds: The Governor ensures fair distribution of state funds across all regions.
- Education and Employment Opportunities: The Governor is also responsible for providing technical education, vocational training, and public sector job opportunities fairly across regions.
These measures aim to address historical neglect in certain regions and bring them on par with the rest of the state. While Article 371 focuses on Maharashtra and Gujarat, the article 371 states list extends this idea through other sub-articles like article 371A of Indian Constitution (Nagaland) and article 371D of Indian Constitution (Andhra Pradesh and Telangana).
Thus, art 371 is both a symbol of India’s cooperative federalism and a mechanism to deliver justice and equality across its varied regions.
Article 371 of Indian Constitution: Landmark Cases
These judgments have clarified the scope, application and significance of Article 371 of Constitution of India in the legal structure of India . Some of the most important and influential cases include :
- Rameshwar Prasad v. Union of India (2006)
The Supreme Court reinforced that Article 371 provisions cannot be violated arbitrarily. The judgment upheld the idea that special provisions must be applied fairly and constitutionally. - Regional Provident Fund Commissioner v. Shillong City Bus Syndicate (1995)
Though related to Article 371A of Indian Constitution, this case emphasized state-specific autonomy in applying central laws, reinforcing the broader purpose of article 371. - P. Sambamurthy v. State of Andhra Pradesh (1987)
The Court struck down parts of article 371D of Indian Constitution as unconstitutional because they weakened the power of judicial review—highlighting limits to executive discretion. - Indira Nehru Gandhi v. Raj Narain (1975)
While not about article 371 directly, this case of Indira Nehru Gandhi emphasized the inviolability of constitutional provisions and their alignment with democratic values, a principle that protects article 371 of the constitution includes special provisions for federal balance.
Article 371 of Indian Constitution: Significance
Article 371 of the Indian Constitution is a cornerstone of India's federal flexibility . It empowers the central government to address regional disparities by giving tailored responsibilities to the Governors of Maharashtra and Gujarat .
Why is this important? Because areas like Vidarbha, Marathwada, Saurashtra and Kutch have often lagged behind in development . Through art 371 the Constitution gives these regions tools to catch up with economic and infrastructural development.
The presence of development boards, equitable funding and job opportunities helps ensure that local populations don’t feel neglected . This is a direct way to promote inclusive governance . Importantly, the focus on education and training supports the idea of self-reliance and long-term growth .
Moreover the concept has inspired similar provisions in other states. For instance, article 371A safeguards cultural identity in Nagaland while article 371D ensures fair access to jobs and education in Andhra Pradesh and Telangana.
Hence, what is article 371 of Indian Constitution? It is a proactive measure for balancing development, reducing inequality and fostering unity in diversity .
Article 371 of Indian Constitution: Developments and Amendments
Article 371 of Constitution of India was part of the original Constitution, but over the decades, additional clauses (A to J) were added to serve different state-specific needs.Key developments include:
- The 13th Amendment (1962) introduced article 371A of Indian Constitution to give Nagaland autonomy over cultural, land, and religious matters.
- 32nd Amendment (1973) added article 371D and 371E for Andhra Pradesh to ensure fair public employment and education opportunities.
- 36th Amendment (1975) incorporated Sikkim into the Union under article 371F, protecting its existing legal and political structures.
- The 87th and 98th Amendments added provisions for Mizoram, Arunachal Pradesh, Goa, and Karnataka, rounding out the article 371 states list.
Recent debates have centered on whether removing Article 370 (Jammu & Kashmir) could lead to similar changes in article 371. However, the government has clarified that article 371 of the constitution includes special provisions for development, not political autonomy, making it structurally different.
These changes show how art 371 evolved to support India’s diverse and asymmetric federal model, adjusting the Constitution to regional realities while protecting national unity.
Conclusion
In conclusion, Article 371 of Indian Constitution is a powerful constitutional mechanism to address regional inequality, promote balanced development, and preserve local identities. It empowers Governors of Maharashtra and Gujarat to establish development boards, ensure equitable funding, and expand opportunities for education and employment in historically neglected regions like Vidarbha, Marathwada, Saurashtra, and Kutch.
The broader article 371 states list extends this framework to states like Nagaland (article 371A) and Andhra Pradesh (article 371D), making it an essential tool in maintaining India's unity amid diversity.
Unlike political provisions such as Article 370, art 371 fosters economic and social equity. It exemplifies the Indian Constitution's adaptability and commitment to democratic values. It ensures that progress is inclusive and regionally balanced, giving voice and empowerment to regions with specific needs.
As India progresses toward becoming a global power, article 371 reminds us that true development is equitable development. It is not just a constitutional provision—it is a pledge to fairness, federalism, and the spirit of cooperative governance.
Article 371 of Indian Constitution : FAQs
What is Article 371 in India?
Article 371 of Indian Constitution gives special powers to some states like Maharashtra and Gujarat to support balanced development and fair governance.
What is the reservation under Article 371?
There is no caste reservation under article 371. It offers regional development, not reservation in jobs or education based on caste.
What is Section 371 A?
Article 371A of Indian Constitution grants Nagaland control over its laws related to religion, customs, land, and resources.
What is Article 371 in Himachal Pradesh?
Himachal Pradesh does not fall under article 371 states list. It has no special provisions under this article.
What is the purpose of Article 371?
The goal of article 371 is to reduce regional inequality by giving governors powers to set up boards and distribute state funds fairly.
Does Article 371 affect job opportunities?
Yes, art 371 ensures fair employment and training in state jobs for all regions, especially in Maharashtra and Gujarat.
Is Article 371 the same as Article 370?
No. Article 370 dealt with political autonomy for J&K. Article 371 of the constitution includes special provisions for development only.
Which states are covered under Article 371?
States in the article 371 states list include Maharashtra, Gujarat, Nagaland (371A), Andhra Pradesh (371D), Sikkim, Karnataka, and others.