Part xxi: Transitional Provisions

Article 388: Provision as to the Filling of Casual Vacancies in the Provisional Parliament and Provisional Legislatures of the States

Original Article:

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

Explanations:

Article 388 provided mechanisms for filling casual vacancies in the Provisional Parliament and Provisional Legislatures of the States. It was omitted by the Seventh Amendment as these transitional provisions became obsolete following the establishment of permanent legislative bodies.

Clause-by-Clause Explanation:

Casual Vacancies in Provisional Legislatures

This clause ensured that vacancies arising in provisional legislative bodies during the early years of independence were promptly filled to maintain legislative continuity.

Omission Due to Permanent Legislative Structures

With the Seventh Amendment, provisional legislative bodies were replaced by permanent state legislatures, rendering Article 388 redundant.

Legislative History:

Article 388 was introduced to manage legislative continuity during India’s transitional phase. Its omission reflected the maturity of India’s democratic institutions.

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 discussed the importance of maintaining legislative continuity during the transition period, leading to the inclusion of Article 388 as a temporary measure.