Article 386 of Indian Constitution: Council of Ministers for States in Part B of the First Schedule (Omitted)

12/21/20233 min read

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Introduction

The Indian Constitution is a comprehensive document that outlines the framework and functioning of the government in India. It consists of various articles that cover different aspects of governance, including the roles and responsibilities of different bodies and institutions. Article 386 of the Indian Constitution pertains to the Council of Ministers for States in Part B of the First Schedule.

Background

Before delving into the details of Article 386, it is important to understand the historical context in which it was introduced. At the time of India's independence in 1947, the country was divided into two categories of states: Part A and Part B. Part A states were the larger provinces, while Part B states were the smaller princely states. The Constitution recognized the need for different provisions for these two categories of states, and Article 386 was a part of that effort.

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

Article 386 of the Indian Constitution, which has now been omitted, dealt with the Council of Ministers for Part B states. It outlined the composition and functioning of the Council of Ministers in these states. The Council of Ministers is responsible for assisting the Chief Minister in the administration of the state.

The article specified that the Council of Ministers in Part B states would consist of the Chief Minister and other ministers appointed by the Governor. It also laid down the qualifications and disqualifications for being appointed as a minister in these states. The qualifications included being a member of the Legislative Assembly, while the disqualifications included holding an office of profit or being of unsound mind.

Furthermore, Article 386 outlined the procedure for the appointment of the Chief Minister and the other ministers. It stated that the Chief Minister would be appointed by the Governor and the other ministers would be appointed by the Governor on the advice of the Chief Minister.

The article also touched upon the tenure of the Council of Ministers. It stated that the Council of Ministers would hold office during the pleasure of the Governor. This meant that the Governor had the authority to dismiss the Council of Ministers at any time.

Omission of Article 386

Over the years, the Indian Constitution has undergone several amendments to keep up with the changing times and needs of the country. Article 386, which dealt with the Council of Ministers for Part B states, was one such provision that was eventually omitted.

The omission of Article 386 can be attributed to the reorganization of states in India. The states were reorganized on the basis of linguistic boundaries, and the distinction between Part A and Part B states became obsolete. The need for separate provisions for Part B states ceased to exist, leading to the omission of Article 386.

With the omission of Article 386, the provisions regarding the Council of Ministers for Part B states were no longer applicable. The Council of Ministers in all states, irrespective of their classification, now operate under a unified framework as outlined in other articles of the Constitution.

Conclusion

Article 386 of the Indian Constitution, which dealt with the Council of Ministers for Part B states, has been omitted. This article was a part of the initial framework of the Constitution when India was divided into Part A and Part B states. However, with the reorganization of states on the basis of linguistic boundaries, the need for separate provisions for Part B states became obsolete, leading to the omission of Article 386.

Today, the Council of Ministers in all states operate under a unified framework as outlined in other articles of the Constitution. The omission of Article 386 is a testament to the evolving nature of the Indian Constitution and its ability to adapt to the changing needs of the country.