Introduction

Article 389 of the Indian Constitution deals with the provision as to bills pending in the Dominion Legislatures and in the Legislatures of Provinces and Indian States. This article, however, has been omitted and is no longer a part of the Constitution. In this article, we will explore the background and significance of Article 389 and discuss the reasons behind its omission.

Background of Article 389

Article 389 was originally included in the Constitution of India when it was adopted on 26th January 1950. It provided provisions regarding the status of bills that were pending in the Dominion Legislatures and in the Legislatures of Provinces and Indian States at the time of the adoption of the Constitution.

At the time of independence, India was divided into two categories: the British Indian territories and the Indian States. The British Indian territories were directly administered by the British government, while the Indian States were princely states that had varying degrees of autonomy under the British Raj.

When the Constitution of India was being drafted, there were several bills pending in the Dominion Legislatures and in the Legislatures of Provinces and Indian States. These bills needed to be addressed and their status determined in the new constitutional framework.

Provisions of Article 389

Article 389 laid down the provisions for dealing with the bills pending in the Dominion Legislatures and in the Legislatures of Provinces and Indian States. It stated that all bills that were pending at the time of the adoption of the Constitution would be deemed to have lapsed.

The article also provided for the re-introduction of these bills in the Parliament or the State Legislatures, as the case may be, if the President or the Governor, as the case may be, considered it necessary or desirable to do so.

Furthermore, Article 389 allowed for the modification or withdrawal of these bills by the President or the Governor, as the case may be, before they were re-introduced.

Omission of Article 389

Article 389, along with several other articles, was omitted from the Constitution through the Constitution (Seventh Amendment) Act, 1956. This amendment was brought about to make certain changes in the Constitution to accommodate the reorganization of states on linguistic lines.

The omission of Article 389 was a result of the reorganization of states and the subsequent changes in the legislative framework of the country. The need for provisions regarding the status of bills pending in the Dominion Legislatures and in the Legislatures of Provinces and Indian States no longer existed.

With the reorganization of states, the Dominion Legislatures were abolished, and the Legislatures of Provinces and Indian States were replaced by the new State Legislatures. Therefore, the provisions of Article 389 became redundant and were no longer applicable.

As a result, Article 389 was omitted from the Constitution to reflect the new legislative structure of the country.

Conclusion

Article 389 of the Indian Constitution, which dealt with the provision as to bills pending in the Dominion Legislatures and in the Legislatures of Provinces and Indian States, has been omitted and is no longer a part of the Constitution. The omission of this article was a result of the reorganization of states and the subsequent changes in the legislative framework of the country. With the abolition of Dominion Legislatures and the replacement of the Legislatures of Provinces and Indian States by State Legislatures, the provisions of Article 389 became redundant. This omission reflects the evolving nature of the Indian Constitution to adapt to the changing needs and circumstances of the country.