Article 259

Article 259 of the Constitution of India was a transitional provision that governed the maintenance and regulation of armed forces in the former Part B States immediately after the commencement of the Constitution. It provided a constitutional framework for integrating the military forces of erstwhile princely states into the unified command of the Indian Union. The Article served as a temporary mechanism to ensure national security and administrative uniformity during the formative years of independent India. It was subsequently repealed by the Constitution (Seventh Amendment) Act, 1956, which reorganised India’s states and abolished the classification of Part A, B, and C States.

Historical Background and Constitutional Context

After India attained independence in 1947, more than 560 princely states acceded to the Indian Union through a series of Instruments of Accession. These princely states varied widely in size, governance, and military capabilities. When the Constitution came into force on 26 January 1950, they were reorganised as Part B States, distinct from Part A States (former British provinces) and Part C States (centrally administered territories).
At that time, several Part B States maintained their own armed forces, which had existed prior to the formation of the Union. However, the framers of the Constitution envisioned the eventual consolidation of these forces into a single national military structure under central command. Article 259 was thus introduced as a transitional provision to manage this integration in a constitutionally regulated manner.

Original Text and Purpose of Article 259

Article 259 originally empowered the President of India to regulate and oversee the maintenance of the armed forces belonging to the Part B States that existed immediately before the commencement of the Constitution. Its key features were as follows:

• It recognised the existence of armed forces maintained by Part B States prior to 26 January 1950.
• It authorised the President to issue general or special orders concerning the governance, maintenance, and operational control of such forces.
• It clarified that the arrangement was temporary, remaining in effect only until Parliament enacted specific laws regarding the organisation and control of these forces.

The underlying intent of the provision was to facilitate the smooth transition of military authority from individual princely states to the central government, thereby achieving uniform command and national security coordination.

Scope and Applicability

The applicability of Article 259 was limited to Part B States, which included former princely states such as Hyderabad, Mysore, Jammu and Kashmir, Travancore-Cochin, Madhya Bharat, Rajasthan, and others that had joined the Indian Union after independence.
The Article covered the armed forces existing in these States immediately before the commencement of the Constitution, ensuring their temporary continuation under presidential supervision. The forces could continue to function during the transition period but were ultimately expected to merge with the Union Armed Forces.

Presidential Control and Central Oversight

Under Article 259, the President of India had the power to issue directions—either general or specific—relating to the administration, maintenance, and use of these State forces. This power represented the assertion of central control over military affairs, ensuring that the armed forces in the Part B States operated within a unified national framework.
The President’s oversight was crucial to prevent potential conflicts of command, ensure discipline, and maintain consistency in military organisation during the post-independence consolidation of India’s defence forces.

Integration with the Union Armed Forces

One of the major objectives of Article 259 was to ensure the integration of the armed forces of the former princely states into the Union Armed Forces. This process involved the absorption of officers, soldiers, and equipment into the Indian Army, Navy, and Air Force.
Through this integration, India achieved a cohesive and centrally commanded defence system. The provision thus acted as a bridge between the fragmented military establishments of the pre-independence era and the unified defence structure that evolved under the control of the Union Government.
The integration process was completed within a few years of independence, and by the mid-1950s, all State-level armed forces had been assimilated into the national defence framework.

Temporary and Transitional Nature

Article 259 was designed as a temporary constitutional measure, meant only to operate during the initial period following the Constitution’s adoption. Its function was to provide legal continuity until Parliament enacted specific legislation defining the structure and administration of the armed forces throughout India.
Once the reorganisation of States and the consolidation of armed forces were accomplished, the Article became redundant. Its temporary relevance concluded with the successful establishment of a unified command structure and the passage of related legislative and administrative measures.

Repeal under the Seventh Amendment

The Constitution (Seventh Amendment) Act, 1956, which came into force on 1 November 1956, repealed Article 259. This amendment implemented the recommendations of the States Reorganisation Commission (1955) and abolished the earlier classification of Part A, B, and C States.
The reorganisation created a uniform category of States and Union Territories, rendering Article 259 obsolete since the conditions that necessitated its existence no longer applied. With the disappearance of the distinction between the various types of States, there was no justification for separate provisions concerning the armed forces of particular States.

Related Constitutional Provisions

The objectives served by Article 259 were later absorbed within the broader constitutional and statutory framework governing national defence. Relevant provisions include:

• Article 246: Defines the distribution of legislative powers between the Union and the States, granting exclusive power to Parliament over defence matters.
• Article 34: Authorises the restriction of fundamental rights during the operation of martial law.
• Article 352: Empowers the Union to proclaim an emergency in cases of war, external aggression, or armed rebellion.
• Entry 2A of the Union List (Seventh Schedule): Grants Parliament exclusive authority over the armed forces and their deployment.

These provisions collectively ensured that all matters concerning the armed forces remained under the exclusive legislative and executive jurisdiction of the Union.

Judicial Context

No major Supreme Court judgments directly interpreted Article 259, as it was a temporary provision that became obsolete soon after the Constitution’s commencement. Its limited period of operation and narrow scope prevented any substantial legal controversy or litigation.
Nevertheless, the Article’s existence reflected the pragmatic approach of the Constitution’s framers in managing India’s complex post-independence transition.