Part xxi: Transitional Provisions

Article 389: Provision as to Bills Pending in the Dominion Legislatures and in the Legislatures of Provinces and Indian States

Original Article:

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

Explanations:

Article 389 provided transitional provisions for managing bills pending in the Dominion Legislatures, provincial legislatures, and Indian states at the time of India’s independence. It was omitted by the Seventh Amendment as the parliamentary system stabilized.

Clause-by-Clause Explanation:

Transitional Management of Pending Bills

Article 389 ensured that legislative business was not interrupted during the transition from colonial governance to independent India. Pending bills were carried forward to the new legislative framework for resolution.

Omission Due to Legislative Stability

By 1956, with a fully operational parliamentary system, the need for such transitional provisions ceased, leading to the omission of Article 389.

Legislative History:

Article 389 was included to maintain continuity in legislative processes during India’s early years. Its removal reflected the consolidation of democratic governance.

Amendments:

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

Debates and Deliberations:

The Constituent Assembly highlighted the importance of carrying forward unfinished legislative business to avoid governance disruptions during the transition period.