Part XX: Transitional Provisions
Article 385: Provision as to Provisional Legislatures in States in Part B of the First Schedule
Original Article:
Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Explanations:
Article 385 initially provided for provisional legislatures in Part B states, ensuring governance during India’s transition to a federal structure. It was omitted by the Seventh Amendment in 1956, as permanent legislative bodies were established in the reorganized states.
Clause-by-Clause Explanation:
Provisional Legislatures in Part B States
The Article facilitated temporary legislatures in states listed under Part B of the First Schedule to maintain governance continuity post-independence.
Transition to Permanent Legislative Structures
The omission of Article 385 reflected the establishment of stable and permanent legislative bodies in reorganized states under the Seventh Amendment.
Legislative History:
Article 385 was introduced to address the need for provisional legislatures in newly independent India. Its removal in 1956 marked a significant step in stabilizing India’s legislative framework.
Amendments:
The Article was omitted by the Constitution (Seventh Amendment) Act, 1956, effective from 1st November 1956, following the reorganization of states.
Debates and Deliberations:
The Constituent Assembly emphasized the importance of temporary legislative structures in states transitioning to the new federal framework.
Frequently Asked Questions (FAQs):
It was introduced to ensure continuity in governance in Part B states through provisional legislatures during the transition to independence.
It was omitted after the establishment of permanent legislatures in reorganized states under the Seventh Amendment.
It played a crucial role in providing temporary governance mechanisms in newly independent India until permanent legislative structures were established.