Part xxi: Transitional Provisions

Article 386: Council of Ministers for States in Part B of the First Schedule

Overview of Article 386: Council of Ministers for 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 386 initially provided for Councils of Ministers in Part B states to aid Governors in governance. It was omitted by the Seventh Amendment in 1956 as these transitional provisions were no longer necessary following the reorganization of states.

Clause-by-Clause Explanation:

Council of Ministers in Part B States

This clause outlined the role of Councils of Ministers in Part B states, functioning as advisory bodies to Governors during India’s transition to a federal system.

Omission Due to Reorganization of States

The omission of Article 386 reflects the consolidation of governance structures in reorganized states, making separate provisions for Part B states redundant.

Legislative History:

Article 386 was introduced to provide governance continuity in Part B states post-independence. Its removal by the Seventh Amendment marked the stabilization of India’s federal structure.

Amendments:

The Article was omitted by the Constitution (Seventh Amendment) Act, 1956, effective from 1st November 1956, as part of the state reorganization process.

Debates and Deliberations:

The Constituent Assembly debated the necessity of Councils of Ministers in Part B states, emphasizing their role in ensuring governance continuity during India’s transitional phase.

Frequently Asked Questions (FAQs):

Why was Article 386 introduced?

It was introduced to provide Councils of Ministers in Part B states to aid Governors during the transition to independence.

Why was Article 386 omitted?

It was omitted after the reorganization of states under the Seventh Amendment, which standardized governance structures.

What was the role of Councils of Ministers under Article 386?

The Councils acted as advisory bodies to Governors, ensuring governance continuity in Part B states during the transitional phase.