Part XX: Transitional Provisions

Article 381: Council of Ministers of the President

Original Article:

Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

Explanations:

Article 381 originally outlined the framework for the Council of Ministers advising the President during the transitional phase following India’s independence. This Article ensured that the President had a defined advisory body for effective governance during a period of political and administrative restructuring. However, it was omitted by the Seventh Amendment in 1956 as the governance framework matured.

Clause-by-Clause Explanation:

Role of the Council of Ministers

The Council of Ministers served as the President’s advisory body, providing guidance on executive decisions during the transitional period.

Omission Reflects Stable Governance

The Article’s omission signified the evolution of a robust and self-sustained democratic governance model, rendering transitional provisions redundant.

Legislative History:

Article 381 was introduced to ensure continuity in executive governance during India’s formative years. Its omission in 1956 reflected the establishment of a mature governance structure.

Amendments:

The Article was omitted by the Constitution (Seventh Amendment) Act, 1956, effective from 1st November 1956, as its transitional provisions were no longer required.

Debates and Deliberations:

The Constituent Assembly highlighted the necessity of the Council of Ministers for the President to ensure smooth executive functioning during the transitional period.