Part XXI - Temporary, Transitional and Special Provisions • Article

Article 371 Simplified: Special provision with respect to the States of *** Maharashtra and Gujarat

Article 371 is the 'Protective Shield' for many Indian states. It provides special rules to protect local cultures, religious practices, and development in states like Maharashtra, Gujarat, and the North East.

Official Text

[ (1) * * * * *] (2) 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, as the case may be], Saurashtra, Kutch and the rest of Gujarat with the provision that a report on the working of each 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.]

Simple Meaning

Explain Like Ten

Some areas in Maharashtra and Gujarat needed extra help to catch up in building schools, factories, and roads. This rule lets the President give the Governors of these states special power to make sure those backward areas get a fair share of money and jobs.

Student Mode

Article 371 represents the initial framework of 'asymmetric federalism' in India. Clause (1) was omitted following the reorganizations, but Clause (2) empowers the President to vest special responsibilities in the Governors of Maharashtra and Gujarat. This includes setting up separate development boards for Vidarbha, Marathwada, and the rest of Maharashtra, and Saurashtra, Kutch, and the rest of Gujarat. The Governor must ensure equitable distribution of developmental funds and fair access to technical education, vocational training, and public employment in these regions.

Example

In Nagaland (371A), the Parliament cannot make laws about Naga religious or social practices or their land ownership without the approval of the State Assembly.

Key Takeaway

Article 371 ensures that India's diverse states get custom legal support for their specific needs.

FAQs

What are separate development boards under Article 371?

They are administrative bodies appointed to identify developmental gaps in backward regions (like Marathwada or Kutch) and oversee target spending. The Governor has discretionary power to establish them and must present their annual report to the state legislative assembly.

Does the Governor act on the advice of the Council of Ministers under Article 371(2)?

No. For the special responsibilities under Article 371(2), the Governor exercises their individual judgment (discretion), though they consult the Council of Ministers. The final decision rests with the Governor, subject to directions from the President.

Quiz

Which backward regions of Gujarat are specifically mentioned in Article 371(2) for separate development boards?

Answer: Saurashtra and Kutch

Under Article 371(2), who has the authority to issue an order giving special responsibilities to the Governor?

Answer: The President of India