The Constitution of India
Article 371
Special provision with respect to the States of Maharashtra and Gujarat
(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.
Why this exists
Maharashtra and Gujarat were carved out of the former Bombay State in 1960 after long linguistic and regional movements. Within each new state, some regions (like Vidarbha and Marathwada in Maharashtra, or Saurashtra and Kutch in Gujarat) had historically lagged behind in development. Article 371(2) was added to reassure these regions that a special constitutional mechanism—development boards and Governor oversight—would help ensure fair treatment in funding, education, and jobs, easing fears of regional neglect after the states' reorganization.
How courts read it
Courts have generally treated the Governor's 'special responsibility' under this Article as a discretionary, largely non-justiciable political and administrative function, meaning courts have been reluctant to direct how boards are constituted or funds allocated, though they have occasionally reviewed whether the President's orders and board reports were properly followed under statutory and constitutional norms.
Common misconceptions
- Myth: Article 371(2) gives these regions their own separate governments.
Fact: It only creates development boards and Governor oversight for fair resource-sharing; it does not create separate state governments or legislatures. - Myth: This Article guarantees equal funding to every region regardless of state needs.
Fact: The text explicitly says allocation must be 'equitable' but 'subject to the requirements of the State as a whole,' meaning it's a balance, not a strict equal split.