Articles 379 to 391

Articles 379 to 391 of the original Constitution of India formed an essential part of the transitional and temporary provisions that facilitated India’s shift from colonial governance under the Government of India Act, 1935, to a fully functional democratic republic under the Constitution of India, 1950. These articles provided the legal framework for the functioning of the Provisional Parliament, the temporary legislature that operated between the commencement of the Constitution and the establishment of the first Lok Sabha.
All these articles were later omitted by the Constitution (Seventh Amendment) Act, 1956, after their purpose had been fulfilled.

Background and Purpose

When the Constitution came into force on 26 January 1950, India did not yet have an elected legislature under the new democratic framework. The first general elections were to be conducted in 1951–52. In the interim, it was necessary to maintain a functioning central legislature to carry out essential legislative and financial duties.
To address this need, Articles 379 to 391 provided for the establishment and functioning of a Provisional Parliament and other related transitional mechanisms. These provisions ensured that there was no constitutional vacuum between the end of British rule and the commencement of the new parliamentary system.

The Provisional Parliament and Its Functioning (Articles 379–390)

Articles 379 to 390 collectively dealt with the composition, powers, and functioning of the Provisional Parliament of India. This body operated from 26 January 1950 until 17 April 1952, when the first Lok Sabha was constituted after the general elections.

Composition and Continuity

• The Constituent Assembly (Legislative), which had previously framed the Constitution, automatically became the Provisional Parliament on 26 January 1950.
• It was vested with the same powers as the future Parliament, including legislative and financial authority.
• Members of the Constituent Assembly continued in their roles until the formation of the new Parliament under the Constitution.

Legislative and Executive Relations

• The Provisional Parliament exercised full legislative power, enabling the government to make laws and approve budgets.
• It functioned as the temporary legislative authority for the Union of India and ensured the continuity of governance.
• The Council of Ministers, headed by the Prime Minister, remained responsible to the Provisional Parliament in the same manner as to the later Lok Sabha.

Speaker and Deputy Speaker

• Provisions were also made for the Speaker and Deputy Speaker of the Provisional Parliament.
• The Speaker presided over its sessions, maintained order, and ensured adherence to constitutional procedures.
• Their roles and functions mirrored those of the Speaker and Deputy Speaker of the Lok Sabha as defined in subsequent articles of the Constitution.

The Provisional Parliament performed critical legislative functions, passed essential statutes, and provided oversight over the executive until the first elected Parliament took charge.

Article 391: President’s Power to Amend Schedules

Among these transitional provisions, Article 391 held particular significance. It conferred upon the President of India the power to make amendments to the First Schedule and Fourth Schedule of the Constitution.

• The First Schedule enumerates the names and territories of the States and Union Territories.
• The Fourth Schedule deals with the allocation of seats in the Council of States (Rajya Sabha).

Powers Granted under Article 391

The President was authorised to:

• Amend the First or Fourth Schedule if necessary to reflect changes resulting from actions taken under the Government of India Act, 1935, between the passing and commencement of the Constitution.
• Make supplemental, incidental, or consequential provisions deemed necessary for implementing these changes.
• Ensure that any reference to the First or Fourth Schedule in the Constitution would be interpreted in light of the amendments made by the President.

This power was temporary and intended only to facilitate the immediate adjustments required after the Constitution came into effect, ensuring that the administrative and territorial details were accurate and functional under the new system.

Duration and Significance of the Provisional Parliament

The Provisional Parliament existed for a relatively short but pivotal period—from 1950 to 1952. During this time, it:

• Passed key legislation necessary for the operation of the new Republic;
• Oversaw the transition from the Governor-General to the President of India as the constitutional head of state; and
• Facilitated the establishment of the Election Commission of India and preparation for the first general elections.

The Provisional Parliament thus served as the bridge between the Constituent Assembly and the elected Parliament, ensuring a smooth transition to a representative democratic government.

Omission by the Constitution (Seventh Amendment) Act, 1956

After the first general elections of 1951–52, the First Lok Sabha and the Rajya Sabha were duly constituted, marking the completion of India’s transition to a full parliamentary democracy.
By 1956, the transitional provisions contained in Articles 379–391 had become obsolete. Consequently, the Constitution (Seventh Amendment) Act, 1956, through section 29 and the Schedule, formally omitted these articles.
The Seventh Amendment came into effect on 1 November 1956. Apart from removing these outdated provisions, the amendment also restructured the Constitution to facilitate the reorganisation of states and simplify administrative divisions.

Key Facts and Constitutional Impact

• Articles Involved: 379 to 391 (Part XXI — Temporary, Transitional, and Special Provisions).
• Purpose: To enable the functioning of a provisional legislative system during India’s transition to constitutional rule.
• Duration: 26 January 1950 to 17 April 1952.
• Omitted By: Constitution (Seventh Amendment) Act, 1956.
• Reason for Omission: Redundancy following the establishment of the first elected Parliament.
• Schedules Concerned:
  • First Schedule — Names and territories of States and Union Territories.
  • Fourth Schedule — Allocation of seats in the Council of States (Rajya Sabha).

These provisions exemplified the framers’ attention to detail in ensuring that the machinery of governance functioned seamlessly from the moment the Constitution took effect.

Judicial References and Interpretation

There are no landmark Supreme Court judgments interpreting Articles 379–391, as their operation was confined to the transitional phase between 1950 and 1952. After the Seventh Amendment, these provisions ceased to exist within the Constitution and hold only historical value in constitutional studies.
Nonetheless, references to these Articles appear in constitutional commentaries as examples of the temporary mechanisms used to maintain legislative continuity during the early years of the Republic.

Significance in Constitutional Evolution

The inclusion and later omission of Articles 379–391 highlight two important aspects of the Indian Constitution:

1. Adaptability: The Constitution is designed to evolve by removing provisions that have outlived their purpose.
2. Continuity of Governance: The transitional articles ensured that no administrative or legislative vacuum arose between the adoption of the Constitution and the establishment of permanent democratic institutions.

By providing for a Provisional Parliament and empowering the President to make necessary adjustments, these Articles ensured that India’s government remained fully functional during one of the most critical periods in its constitutional development.

Summary Table

Conclusion

Articles 379–391 of the Indian Constitution played a transitional and foundational role in the early functioning of India’s parliamentary democracy. They provided the legal and administrative continuity required during the formative years of the Republic, allowing the new constitutional government to operate effectively until the first elected Parliament took office.