📚 UPSC Relevant
Article 382 of the Indian Constitution originally provided rules for provisional legislatures of states listed in Part A of the First Schedule. Provisional legislatures were temporary legislative bodies set up to manage governance during transitional periods, especially at the time of state formation or reorganization. This article aimed to ensure that these bodies could function effectively until permanent legislatures were established. However, the article was deemed unnecessary over time as India’s political landscape matured, and thus it was omitted in 1956. The omission of Article 382 through the Constitution (Seventh Amendment) Act, 1956, reflects the evolving nature of governance in India. With the establishment of stable state assemblies, the need for provisional legislatures diminished. This change affected the states that were initially meant to have provisional legislatures, as it marked a shift towards a more permanent and structured political framework. The amendment simplified the constitutional text, removing provisions that were no longer relevant. In real-world terms, the removal of Article 382 signaled a commitment to democratic stability and regular governance. It empowered states to establish permanent legislative bodies without the interim measures that had previously been in place. This transition allowed for more consistent and reliable governance, aligning state legislative practices with the democratic ideals enshrined in the Constitution. It also reinforced the importance of having elected representatives in the legislative process, enhancing accountability and public participation in governance.
Article 382 addressed the practical necessity of maintaining functioning state governments during India’s transition to a Republic. Before the 1952 general elections, the existing provincial legislatures (created under the Government of India Act 1947 and earlier acts) were converted to provisional state assemblies. Governors replaced Provincial Governors. Article 382 gave constitutional standing to these arrangements. After the first general elections of 1951-52, all states constituted their elected legislative assemblies. The Constitution (Seventh Amendment) Act 1956 formally omitted Article 382 as the transition was complete and states had their permanent elected assemblies.
Consider the following statements regarding Article 382 of the Indian Constitution: 1. It provided for provisional legislatures in Part A states. 2. It was omitted by the Constitution (Seventh Amendment) Act of 1956. Which of the above statements is/are correct? A) Only 1 B) Only 2 C) Both 1 and 2 D) Neither 1 nor 2? Analyze these options carefully in light of the constitutional distribution of legislative and executive powers.
The correct answer is C) Both 1 and 2. Article 382 originally provided for provisional legislatures but was later omitted by the Seventh Amendment in 1956, reflecting changes in governance needs. Article 382 of the Indian Constitution originally provided rules for provisional legislatures of states listed in Part A of the First Schedule.
Article 382 of the Indian Constitution originally provided rules for provisional legislatures of states listed in Part A of the First Schedule. Provisional legislatures were temporary legislative bodies set up to manage governance during transitional periods, especially at the time of state formation or reorganization. This article aimed to ensure that these bodies could function effectively until permanent legislatures were established.
This change affected the states that were initially meant to have provisional legislatures, as it marked a shift towards a more permanent and structured political framework. The amendment simplified the constitutional text, removing provisions that were no longer relevant. In real-world terms, the removal of Article 382 signaled a commitment to democratic stability and regular governance.
It empowered states to establish permanent legislative bodies without the interim measures that had previously been in place. This transition allowed for more consistent and reliable governance, aligning state legislative practices with the democratic ideals enshrined in the Constitution. It also reinforced the importance of having elected representatives in the legislative process, enhancing accountability and public participation in governance.
Article 395: Repeals The Indian Independence Act, 1947, and the Government of India Act, 1935, together with all enactments amending or supplementing the
Article 394: Commencement This article and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the
Article 394A: Authoritative text in the Hindi language (1) The President shall cause to be published under his authority,— (a) the translation of this
Article 392: Power of the President to remove difficulties (1) The President may, for the purpose of removing any difficulties, particularly in relation to
Article 393: Short title This Constitution may be called the Constitution of India.
Article 390: Money received or raised or expenditure incurred between the commencement of the Constitution and the 31st day of March, 1950 Omitted by the
Article 391: Power of the President to amend the First and Fourth Schedules in certain contingencies Omitted by the Constitution (Seventh Amendment) Act,
Article 388: Provisions as to the filling of casual vacancies in the provisional Parliament and provisional Legislatures of the States Omitted by the
Article 389: Provision as to Bills pending in the Dominion Legislatures and in the Legislatures of Provinces and Indian States Omitted by the Constitution
Article 386: Council of Ministers for States in Part B of the First Schedule Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f.
Article 387: Special provision as to determination of population for the purposes of certain elections Omitted by the Constitution (Seventh Amendment) Act,
Article 384: Council of Ministers of the Governors Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Article 385: Provision as to provisional Legislatures in States in Part B of the First Schedule Omitted by the Constitution (Seventh Amendment) Act, 1956, s.
Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Article 381: Council of Ministers of the President Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Article 380: Provision as to President Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Article 378A: Special provision as to duration of Andhra Pradesh Legislative Assembly Notwithstanding anything contained in article 172, the Legislative
Article 379: Provisions as to provisional Parliament and the Speaker and Deputy Speaker thereof Omitted by the Constitution (Seventh Amendment) Act, 1956, s.
Article 377: Provisions as to Comptroller and Auditor-General of India The Auditor-General of India holding office immediately before the commencement of this
Article 378: Provisions as to Public Service Commissions (1) The members of the Public Service Commission for the Dominion of India holding office immediately
Article 375: Courts, authorities and officers to continue to function subject to the provisions of the Constitution All courts of civil, criminal and revenue
Article 376: Provisions as to Judges of High Courts (1) Notwithstanding anything in clause (2) of article 217, the Judges of a High Court in any Province
Article 373: Power of President to make order in respect of persons under preventive detention in certain cases Until provision is made by Parliament under
Article 374: Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council (1) The Judges of the
Article 372: Continuance in force of existing laws and their adaptation (1) Notwithstanding the repeal by this Constitution of the enactments referred to in
Article 372A: Power of the President to adapt laws. (1) For the purposes of bringing the provisions of any law in force in India or in any part thereof,
Article 371I: Special provision with respect to the State of Goa Notwithstanding anything in this Constitution, the Legislative Assembly of the State of Goa
Article 371J: Special provisions with respect to the State of Karnataka (1) The President may, by order made with respect to the State of Karnataka, provide
Article 371G: Special provision with respect to the State of Mizoram Notwithstanding anything in this Constitution,— (a) no Act of Parliament in respect of—
Article 371H: Special provision with respect to the State of Arunachal Pradesh Notwithstanding anything in this Constitution,— (a) the Governor of Arunachal
Article 371F: Special provisions with respect to the State of Sikkim Notwithstanding anything in this Constitution,— (a) the Legislative Assembly of the State
Article 371E: Establishment of Central University in Andhra Pradesh Parliament may by law provide for the establishment of a University in the State of Andhra
Explanation.—In this article, the expression “Hill Areas” means such areas as the President may, by order, declare to be Hill areas.
Article 371D: Special provisions with respect to the State of Andhra Pradesh or the State of Telangana (1) The President may by order made with respect to the
Article 371A: Special provision with respect to the State of Nagaland (1) Notwithstanding anything in this Constitution,— (a) no Act of Parliament in respect
Article 371B: Special provision with respect to the State of Assam Notwithstanding anything in this Constitution, the President may, by order made with
Article 370: Temporary provisions with respect to the State of Jammu and Kashmir (1) Notwithstanding anything in this Constitution,— (a) the provisions of
Article 371: Special provision with respect to the States of Maharashtra and Gujarat (2) Notwithstanding anything in this Constitution, the President may by
Article 368: Power of Parliament to amend the Constitution and procedure therefor (1) Notwithstanding anything in this Constitution, Parliament may in
Article 369: Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List
Article 366: Definitions In this Constitution, unless the context otherwise requires, the followingexpressions have the meanings hereby respectively assigned
Article 367: Interpretation (1) Unless the context otherwise requires, the General Clauses Act, 1897, shall, subject to any adaptations and modifications that
Article 364: Special provisions as to major ports and aerodromes (1) Notwithstanding anything in this Constitution, the President may by public notification
Article 365: Effect of failure to comply with, or to give effect to, directions given by the Union Where any State has failed to comply with, or to give
Article 363: Bar to interference by courts in disputes arising out of certain treaties, agreements, etc. (1) Notwithstanding anything in this Constitution but
Article 363A: Recognition granted to Rulers of Indian States to cease and privy purses to be abolished Notwithstanding anything in this Constitution or in any
Article 362: Rights and privileges of Rulers of Indian States Omitted by the Constitution (Twenty-sixth Amendment)Act, 1971, s. 2 (w.e.f. 28-12-1971).
Article 361B: Disqualification for appointment on remunerative political post A member of a House belonging to any political party who is disqualified for
Article 361: Protection of President and Governors and Rajpramukhs (1) The President, or the Governor or Rajpramukh of a State, shall not be answerable to any
Explanation.—In this article, “newspaper” includes a news agency report containing material for publication in a newspaper.
Article 359A: Application of this Part to the State of Punjab Omitted by the Constitution (Sixty-third Amendment) Act, 1989, s. 3 (w.e.f. 6-1-1990).
Article 360: Provisions as to financial emergency (1) If the President is satisfied that a situation has arisen whereby the financial stability or credit of
Article 358: Suspension of provisions of article 19 during emergencies (1) While a Proclamation of Emergency declaring that the security of India or any part
Article 359: Suspension of the enforcement of the rights conferred by Part III during emergencies (1) Where a Proclamation of Emergency is in operation, the
Article 356: Provisions in case of failure of constitutional machinery in States (1) If the President, on receipt of a report from the Governor of a State or
Article 357: Exercise of legislative powers under Proclamation issued under article 356 (1) Where by a Proclamation issued under clause (1) of article 356, it
Article 354: Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation. (1) The President may, while a
Article 355: Duty of the Union to protect States against external aggression and internal disturbance It shall be the duty of the Union to protect every State
Article 352: Proclamation of Emergency. (1) If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the
Article 353: Effect of Proclamation of Emergency. While a Proclamation of Emergency is in operation, then— (a) notwithstanding anything in this Constitution,
