Introduction

Article 385 of the Indian Constitution dealt with the provision as to provisional legislatures in states in Part B of the First Schedule. However, this article has been omitted from the Constitution. In this article, we will explore the history and significance of Article 385, the reasons for its omission, and the implications of this omission.

Background

When India gained independence from British rule in 1947, it was divided into two dominions - India and Pakistan. The Indian Constitution was drafted and adopted in 1950, which established India as a sovereign, socialist, secular, and democratic republic.

At the time of the adoption of the Indian Constitution, there were several princely states that were integrated into the Indian Union. These princely states were categorized into two groups - Part A and Part B states. Part B states were administered by a Rajpramukh, who was appointed by the President of India.

Provision as to Provisional Legislatures

Article 385 of the Indian Constitution provided for the establishment of provisional legislatures in Part B states. These provisional legislatures were to be constituted until the regular legislatures could be established in these states.

The provisional legislatures were responsible for enacting laws and governing the Part B states until the regular legislatures could be formed. They had the power to make laws on matters within their legislative competence, subject to the provisions of the Constitution.

Omission of Article 385

Article 385 of the Indian Constitution was omitted through the Constitution (Seventh Amendment) Act, 1956. This amendment was passed to reorganize the states on linguistic lines and to abolish the classification of states into Part A, Part B, Part C, and Part D.

The reorganization of states led to the formation of new states and the merger of existing states. As a result, the provision for provisional legislatures in Part B states became redundant. The regular legislatures were established in the newly formed states, and the need for provisional legislatures ceased to exist.

Therefore, Article 385 was deemed unnecessary and was omitted from the Indian Constitution.

Implications of Omission

The omission of Article 385 had several implications. Firstly, it marked a significant change in the governance structure of the Part B states. The establishment of regular legislatures in these states allowed for a more democratic and representative form of governance.

Secondly, the omission of Article 385 reflected the evolving nature of the Indian Constitution. The Constitution was designed to be a dynamic document that could be amended and adapted to meet the changing needs of the country. The omission of Article 385 was a testament to this flexibility.

Lastly, the omission of Article 385 had legal implications. Any provisions or laws that were enacted by the provisional legislatures in Part B states ceased to have effect after the regular legislatures were established. This ensured a smooth transition of power and governance from the provisional legislatures to the regular legislatures.

Conclusion

Article 385 of the Indian Constitution, which provided for the establishment of provisional legislatures in Part B states, has been omitted. This omission was a result of the reorganization of states on linguistic lines and the establishment of regular legislatures in these states.

The omission of Article 385 marked a significant change in the governance structure of the Part B states and reflected the evolving nature of the Indian Constitution. It also had legal implications, ensuring a smooth transition of power from the provisional legislatures to the regular legislatures.

Overall, the omission of Article 385 was a necessary step in the process of building a democratic and representative governance system in India.