Part xxi: Transitional Provisions

Article 391: Power of the President to Amend the First and Fourth Schedules in Certain Contingencies

Original Article:

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

Explanations:

Article 391 empowered the President to amend the First and Fourth Schedules of the Constitution in specific circumstances. It was intended as a transitional measure to address unforeseen administrative requirements during India’s early years of independence. The Article was omitted by the Seventh Amendment as such powers were no longer deemed necessary.

Clause-by-Clause Explanation:

Amendment of Schedules

The Article allowed the President to modify the First Schedule (states and union territories) and Fourth Schedule (Rajya Sabha representation) to address urgent contingencies without requiring immediate legislative action.

Omission Due to Legislative Maturity

By 1956, with a stable legislative framework in place, the need for such executive powers diminished, leading to the omission of Article 391.

Legislative History:

Article 391 was introduced to provide the executive branch with flexibility during the transition from colonial governance to a federal structure. Its removal marked the consolidation of parliamentary supremacy in constitutional amendments.

Amendments:

The Article was omitted by the Constitution (Seventh Amendment) Act, 1956, effective from 1st November 1956, reflecting India’s progress toward a stable governance framework.

Debates and Deliberations:

The Constituent Assembly debated the necessity of granting the President such powers, ultimately including them as a temporary measure to ensure governance continuity during unforeseen contingencies.