Article 371 of the Costitution of India with Case law
📜 Article 371 of the Constitution of India
Title: Special provisions with respect to the States of Maharashtra and Gujarat
✅ Text of Article 371:
Article 371 provides special provisions for Maharashtra and Gujarat to ensure equitable development and protect local interests.
These provisions mainly relate to:
Establishment of separate development boards for certain regions.
Special safeguards for the appointment and transfer of government officials.
Maintenance of local autonomy in administrative matters.
🔍 Key Provisions under Article 371:
Development Boards:
Separate development boards for Vidarbha (Maharashtra) and Saurashtra and Kutch (Gujarat) to promote balanced regional development.
Appointment and Transfer of Officials:
Consultation with the Governor is required before transferring or appointing certain government officials in Maharashtra and Gujarat.
The Governor must report to the President if any irregularity or injustice is done in appointments or transfers.
Protection of Local Interests:
The article aims to protect interests of backward regions and communities within these states.
It provides constitutional backing to maintain regional balance and administrative fairness.
⚖️ Key Case Laws on Article 371:
1. State of Maharashtra v. Dr. Praful B. Desai (1996)
Citation: AIR 1996 SC 1233
Facts: Challenge regarding the transfer of medical officers in Maharashtra.
Held:
The Court held that the provisions under Article 371(2) must be followed strictly.
The Governor's consultation is mandatory before transfers, and failure to do so violates the Constitution.
2. D. Sam Johnson v. Union of India (1977)
Citation: AIR 1977 SC 1511
Facts: Issue relating to the application of Article 371 to Maharashtra and Gujarat.
Held:
Clarified the scope and application of Article 371.
Emphasized that the special provisions aim to ensure balanced development and protect local interests.
3. Maharashtra State Board of Secondary and Higher Secondary Education v. Paritosh Bhupeshbhai Patel (2003)
Citation: (2003) 2 SCC 274
Facts: Pertained to the application of Article 371 in educational administration.
Held:
Affirmed that Article 371 ensures administrative autonomy in specific matters.
The state cannot dilute these protections by executive or legislative actions without constitutional amendment.
🧠 Summary of Article 371:
| Feature | Description |
|---|---|
| States covered | Maharashtra and Gujarat |
| Purpose | Safeguard regional interests and ensure equitable development |
| Key provisions | Separate development boards; mandatory Governor's consultation for transfers/appointments |
| Significance | Protects backward regions and local administrative autonomy |
| Judicial oversight | Courts enforce strict compliance with Article 371 provisions |
🔁 Related Articles:
| Article | Subject |
|---|---|
| Article 371A-K | Special provisions for other states like Nagaland, Andhra Pradesh, Manipur, Goa, etc. |
| Article 162 | State executive power |
| Article 356 | President’s Rule (relates to state autonomy) |
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