PART 21: Constitution Of India

PART XXI: TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS

Article 369: Temporary power to Parliament to make laws with respect to certain matters in the State List…

• Plain English: This was a temporary power given to Parliament for the first five years of the Constitution (1950-1955). It allowed Parliament to make laws on certain State List subjects (like trade in coal, cotton, iron, and steel) as if they were on the Concurrent List.
• Status: This article expired in 1955. It is now only of historical importance.

Article 370: Temporary provisions with respect to the State of Jammu and Kashmir.

(Note: This is the breakdown of the article as it appeared in the Constitution for ~70 years, which is the text in your PDF. A status update follows.)

• Clause (1):
  • Plain English: This article stated, “Notwithstanding anything in this Constitution”:
  • (b) Parliament’s power to make laws for J&K was limited to:
    1. Matters on the Instrument of Accession (Defence, External Affairs, Communications), for which it only needed “consultation” with the State Government.
    2. Other matters (from the Union/Concurrent Lists), for which it needed the “concurrence” (agreement) of the State Government.
  • (d) The rest of the Indian Constitution would apply to J&K only with such “exceptions and modifications” as the President would specify in an Order, which also required the “concurrence” of the State Government.
• Explanation:
  • Plain English: It defined the “Government of the State” as the Maharaja (later Sadar-i-Riyasat, then Governor) acting on the advice of the state’s Council of Ministers.
• Clause (2):
  • Plain English: If the State Government gave its “concurrence” before the J&K Constituent Assembly was formed, that concurrence had to be placed before the J&K Assembly for its final approval.
• Clause (3):
  • Plain English: The President could, by public notification, declare that this Article 370 shall cease to be operative (or shall only operate in a modified way).
  • The Proviso: However, the President could only do this if the “Constituent Assembly of the State” of J&K recommended it.
• STATUS (CRUCIAL UPDATE):
  • The J&K Constituent Assembly dissolved in 1957 without recommending the removal of Article 370.
  • On August 5, 2019, the President of India issued Constitutional Order 272. This order, with the “concurrence” of the State Government (which was at that time represented by the Governor under President’s Rule), amended Article 367 (Interpretation) to state that the “Constituent Assembly of the State” in Article 370(3) should be read to mean the “Legislative Assembly of the State.”
  • On August 6, 2019, Parliament (acting as the “Legislative Assembly of the State” during President’s Rule) gave its “recommendation” to abrogate Article 370.
  • Based on this, the President issued Constitutional Order 273, which declared that as of August 6, 2019, all clauses of Article 370 shall cease to be operative.
  • Parliament also passed the Jammu and Kashmir Reorganisation Act, 2019, which bifurcated the State into two Union Territories: (1) J&K and (2) Ladakh.
  • In December 2023, the Supreme Court of India upheld the validity of the 2019 actions, confirming that Article 370 (as a temporary provision) has been validly rendered inoperative.

Article 371: Special provision with respect to the States of Maharashtra and Gujarat.

(Note: Clause (1) of this article was omitted. The text begins with Clause (2), which was added by the 7th Amendment in 1956 after the reorganization of states.)

• Clause (2):
  • Plain English: This gives the President the power to issue an order that gives the Governor of Maharashtra and Gujarat a “special responsibility” for three things:
  • (a) …establishment of separate development boards for…
    • Plain English: The Governor can create separate “Development Boards” for specific regions that are often less developed. These are:
      1. For Maharashtra: Vidarbha (Nagpur region) and Marathwada (Aurangabad region).
      2. For Gujarat: Saurashtra and Kutch.
    • Real-World Example: The Governor of Maharashtra establishes the “Vidarbha Development Board.” The order requires that a report on this board’s work must be placed before the State Assembly every year, so all MLAs can see if the development backlog is being addressed.
  • (b) …equitable allocation of funds…
    • Plain English: The Governor must ensure that the state government’s budget allocates funds fairly (“equitably”) for development in these regions, balanced against the needs of the whole state.
    • Real-World Example: When the state budget is planned, the Governor’s office can insist that a fair portion of the irrigation budget is specifically set aside for the historically dry Marathwada region.
  • (c) …equitable arrangement providing adequate facilities…
    • Plain English: The Governor must also ensure there is a fair arrangement for technical education, vocational training, and “opportunities for employment” (government jobs) for people from these regions.
    • Real-World Example: This provision allows the Governor to ensure that a fair number of seats in state engineering colleges or posts in the state government are available to students/applicants from Vidarbha, Saurashtra, etc.

Article 371A: Special provision with respect to the State of Nagaland.

(This is a very long and detailed article, added by the 13th Amendment in 1962, which created the state of Nagaland.)

• Clause (1)(a):
  • Plain English: This is a powerful “filter” clause. It says that no Act of Parliament on four specific subjects will apply to Nagaland unless the Nagaland Legislative Assembly passes a resolution agreeing to it. The four subjects are:
    • (i) Religious or social practices of the Nagas.
    • (ii) Naga customary law and procedure.
    • (iii) Administration of civil and criminal justice involving decisions according to Naga customary law.
    • (iv) Ownership and transfer of land and its resources.
  • Real-World Example: If Parliament passes a new, all-India “Land Acquisition Act,” it will not automatically apply to Nagaland. The Nagaland Assembly must first vote to adopt it. This is a crucial protection for tribal land ownership.
• Clause (1)(b):
  • Plain English: The Governor of Nagaland has a “special responsibility” for law and order in the state for as long as internal disturbances continue. In this one matter, the Governor can use their “individual judgment” (i.e., act against the advice of the Chief Minister) after consulting the Cabinet.
  • Provisos: The Governor’s decision on whether a matter falls under this special power is final. The President can, at any time, issue an order to remove this special responsibility from the Governor.
• Clause (1)(c):
  • Plain English: When the state budget is made, the Governor must ensure that any money given by the Government of India for a specific purpose is included in the demand for that purpose, and not moved elsewhere.
• Clause (1)(d):
  • Plain English: This clause mandated the creation of a “Regional Council” for the Tuensang district, with 35 members. The Governor was given the power to make all the rules for its composition, qualifications, and functioning.
• Clause (2):
  • Plain English: This clause set up a special 10-year (or more, if extended) administrative system for the Tuensang district, which was considered less developed.
    • (a) The Governor (not the state government) would be the final administrative authority for Tuensang.
    • (b) The Governor would, in their discretion, decide how to fairly divide central government funds between Tuensang and the rest of Nagaland.
    • (c) No law passed by the Nagaland Assembly would apply to Tuensang unless the Governor (on the Regional Council’s advice) approved it.
    • (d) The Governor could make their own laws (called “Regulations”) for the peace and good government of Tuensang.
    • (e) A Minister for Tuensang Affairs must be appointed in the state Cabinet, chosen from the MLAs of the Tuensang district. This Minister would have direct access to the Governor.
    • (f) The Governor’s discretionary decision on all Tuensang matters was final.
    • (g) & (h) These clauses set special, temporary rules for the first Assembly, including a minimum strength of 46 members (not 60) and special election rules for the Tuensang members.
• Clause (3):
  • Plain English: This gave the President a 3-year power (now expired) to “remove difficulties” in implementing these new rules for Nagaland.

Article 371B: Special provision with respect to the State of Assam.

• Plain English: This gives the President the power to issue an order to create a special Committee of the Assam Legislative Assembly.
• Composition: This committee must consist of MLAs elected from the “Tribal Areas” (the areas under the Sixth Schedule, like Karbi Anglong) and any other MLAs the President specifies.
• Purpose: The order will define the committee’s functions, such as reviewing laws and budgets that specifically affect those tribal areas, before the main Assembly votes on them.
• Real-World Example: The MLAs from the “Bodoland” or “Karbi Anglong” regions can form this committee to have a special say over matters that impact their districts.

Article 371C: Special provision with respect to the State of Manipur.

• Clause (1):
  • Plain English: This is almost identical to the Assam rule. The President can create a Committee of the Manipur Legislative Assembly made up of MLAs from the “Hill Areas” of the state.
  • Governor’s Role: The Governor has a “special responsibility” to make sure this committee is formed and functions correctly, and can modify the Assembly’s rules for it.
• Clause (2):
  • Plain English: The Governor must send an annual report to the President on how the “Hill Areas” are being administered. Based on this report, the Union government has the power to give “directions” (orders) to the state government on how to govern those areas.
• Real-World Example: This article is the basis of the “Manipur (Hill Areas) District Council Act.” The Hill Areas Committee of the Assembly oversees the functioning of these councils. The Governor’s “special responsibility” and reports are central to the administration of these regions.

Article 371D: Special provisions with respect to the State of Andhra Pradesh.

(This was added by the 32nd Amendment in 1973 to end the “Mulki” agitation and provide a compromise between the Andhra and Telangana regions. It is still in force.)

• Clause (1) & (2):
  • Plain English: The President has the power to issue an order to provide “equitable opportunities” in public employment and education for people from different parts of the state.
  • Key Powers: This order can:
    1. Create “local cadres”: Divide civil service posts (like teachers or police) into different regional cadres.
    2. Define “local areas”: Specify which districts belong to which zone.
    3. Give preference/reservation in direct recruitment and education to “local candidates” from that zone.
  • Real-World Example: This is the “Presidential Order” that forms the basis of all government recruitment in Andhra Pradesh and Telangana. It states that for certain posts, 85% of the jobs in a “zone” are reserved for “local candidates” of that zone.
• Clause (3) & (4):
  • Plain English: The President can (and did) create an Administrative Tribunal for the state. This tribunal’s job is to exclusively hear all service disputes (appointments, seniority, promotions) of state government employees, bypassing the High Court.
• Clause (5):
  • Plain English: This clause stated that the State Government could “modify or annul” (veto) any order from the Administrative Tribunal.
  • STATUS: The Supreme Court, in the 1987 P. Sambamurthy case, struck down Clause (5) as unconstitutional. They ruled that allowing the government (an executive body) to overrule a judicial tribunal’s order was a violation of the rule of law and judicial independence. The footnote in your PDF confirms this.
• Clause (7):
  • Plain English: This clause originally barred the High Court from having any jurisdiction over the Tribunal. (Note: The Supreme Court, in the L. Chandra Kumar case, has since ruled that the High Court does have the power of judicial review over such tribunals, so appeals can go to the High Court).
• Clause (9):
  • Plain English: This is a “validation” clause. It says that no government appointment made before 1973 can be called “illegal” just because it violated some old “residence” rule (like the Mulki rules). This was to prevent administrative chaos.

Article 371E: Establishment of Central University in Andhra Pradesh.

• Plain English: This is a simple enabling article. It says that Parliament has the power to pass a law to create a “University” in Andhra Pradesh.
• Real-World Example: Parliament used this power to pass “The University of Hyderabad Act, 1974,” establishing a Central University in Hyderabad.

Article 371F: Special provisions with respect to the State of Sikkim.

(This is a very long and detailed article added by the 36th Amendment in 1975, which incorporated the Kingdom of Sikkim into India as a new state. It is a mini-constitution for Sikkim.)

• (a) The Sikkim Assembly can have a minimum of 30 members (not 60, as required by Art. 170).
• (b) The “Sikkim Assembly” elected in 1974 (before the merger) was deemed to be the first Legislative Assembly of the state under the Indian Constitution.
• (c) The first term of this Assembly was set to 4 years (not 5).
• (d) & (e) Sikkim gets one Lok Sabha seat, and the first MP was to be elected by the MLAs, not the people directly.
• (f) This is crucial. It allows Parliament to make laws for reserving seats in the Sikkim Assembly for different “sections of the population” to protect their rights.
  • Real-World Example: This is the basis for the unique Sikkim Assembly structure, which has seats reserved for the “Bhutia-Lepcha” community (people of Sikkimese origin) and, famously, one seat reserved for the “Sangha” (the registered Buddhist monastic community).
• (g) The Governor has a “special responsibility” for peace and for the “equitable arrangement” for the social and economic advancement of all sections of the population. In this matter, the Governor can use their “discretion” (act without the CM’s advice).
• (h) All property of the old Kingdom of Sikkim (palaces, land, etc.) was automatically transferred to the new State Government of Sikkim.
• (i) & (j) The existing High Court and all other courts and officers of Sikkim were continued under the new constitutional setup.
• (k) This is the most important clause for Sikkim. It says that all laws that were “in force” in Sikkim before the merger in 1975 “shall continue to be in force”until they are amended or repealed by the new legislature.
  • Real-World Example: This is known as “Article 371F protection.” It “saves” old Sikkimese laws that protect the land and property rights of the “Sikkimese” people, preventing people from other states from easily buying land there.
• (l) The President had a 2-year power (now expired) to “adapt” old laws to fit the Constitution.
• (m) This bars all courts, including the Supreme Court, from hearing any dispute related to the original 1975 merger treaty or agreement.
• (n) The President can extend any Indian law to Sikkim by a simple notification.

Article 371G: Special provision with respect to the State of Mizoram.

• Plain English: This was added by the 53rd Amendment in 1986.
• (a) This is the same “filter” clause as Nagaland’s. No Act of Parliament on the four subjects (Mizo religion/social practices, customary law, justice, and land) will apply to Mizoram unless the Mizoram Assembly passes a resolution to approve it.
• (b) The Mizoram Assembly can have a minimum of 40 members (not 60).

Article 371H: Special provision with respect to the State of Arunachal Pradesh.

• Plain English: This was added by the 55th Amendment in 1986.
• (a) The Governor has a “special responsibility” for law and order. In this matter, the Governor can use their “individual judgment” (act without the CM’s advice), but this power can be removed by the President.
• (b) The Arunachal Pradesh Assembly can have a minimum of 30 members (not 60).

Article 371-I: Special provision with respect to the State of Goa.

• Plain English: This was added by the 56th Amendment in 1987. It simply states that the Legislative Assembly of Goa can have a minimum of 30 members (not 60).

Article 372: Continuance in force of existing laws and their adaptation.

• Clause (1):
  • Plain English: This is a “master” transitional clause for the whole of India. It says that all laws that were in force in British India immediately before Jan 26, 1950, will continue to be in force in the new Republic, unless they are repealed by a competent legislature or conflict with the Constitution.
  • Real-World Example: This is why the Indian Penal Code (1860), the Indian Contract Act (1872), and the Code of Civil Procedure (1908)—all British-made laws—continued to be the law of the land on Jan 27, 1950, and remain in force today (until replaced by new Indian Acts).
• Clause (2) & (3):
  • Plain English: This gave the President a temporary power (which expired in 1953) to make minor “adaptations and modifications” to these old British laws to make them fit the new Constitution (e.g., changing “His Majesty” to “President” or “Crown” to “Government”).

Article 372A: Power of the President to adapt laws.

• Plain English: This is another adaptation power, but this one was given to the President in 1956 (by the 7th Amendment) to adapt all the old laws to fit the new system of reorganized states (the abolition of “Part A, B, C” states). This power was also temporary (expired in 1957).

Article 373: Power of President to make order in respect of persons under preventive detention…

• Plain English: This was a one-year (1950-1951) temporary article that gave the President the power to make rules for preventive detention, as the new Parliament had not yet passed its first law on the subject. It is now only of historical importance.

Article 374: Provisions as to Judges of the Federal Court and proceedings pending…

• Plain English: This article handled the “handover” of the judicial system.
• (1) All sitting judges of the old “Federal Court” (the highest court before 1950) automatically became judges of the new “Supreme Court of India.”
• (2) All cases pending in the Federal Court were automatically transferred to the Supreme Court.
• (3) & (4) It also shut down the old “Privy Council” (in London) as the highest court of appeal and transferred all its pending Indian cases to the new Supreme Court.

Article 375: Courts, authorities and officers to continue to function…

• Plain English: This is a simple continuity clause. It says that all existing courts, government authorities, and officers (like District Collectors, police, etc.) shall continue to do their jobs under the new Constitution. This ensured that the government didn’t just stop on Jan 26, 1950.

Article 376: Provisions as to Judges of High Courts.

• Plain English: This is the same as Art. 374, but for High Courts. It says that all judges of the High Courts in the British provinces automatically became the judges of the High Courts in the new corresponding states, and would continue their service under the new rules for pay, pension, etc.

Article 377: Provisions as to Comptroller and Auditor-General of India.

• Plain English: This did the same for the C&AG. The person who was the “Auditor-General of India” before 1950 automatically became the first “Comptroller and Auditor-General (C&AG) of India” under the new Constitution.

Article 378: Provisions as to Public Service Commissions.

• Plain English: This did the same for the PSCs. The members of the old “Public Service Commission” for the Dominion of India automatically became the first members of the new Union Public Service Commission (UPSC). The same applied to the “Provincial Service Commissions,” which became the new “State Public Service Commissions (SPSCs).”

Article 378A: Special provision as to duration of Andhra Pradesh Legislative Assembly.

• Plain English: This was a special, one-time article to set the 5-year term for the AP Assembly that was formed after the States Reorganisation Act in 1956. It is now only of historical importance.

Articles 379 – 391

(Note: The user’s request ends at 380, but 379 and 380 are part of a larger repealed block.)

• Plain English: Articles 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, and 391 were all detailed “transitional provisions.” They dealt with setting up the first “Provisional Parliament,” the first “Provisional President” (Dr. Rajendra Prasad), and how the new states would be run in the immediate aftermath of 1950 before the first general election was held in 1951-52.
• Status: Once the first general election was held and the new Parliament and governments were formed, these articles were no longer needed. They were all formally REPEALED and REMOVED from the Constitution by the 7th Amendment Act in 1956. They are no longer in effect.

Article 381: [Provisions as to provisional Legislature in States in Part B…]

• Original Purpose: This article was a temporary rule for the “provisional” (first) legislatures in the “Part B” States (the former large Princely States like Mysore, Hyderabad, and Saurashtra).
• Plain English: It said that until the first elections were held in those new states, the body that was acting as the “legislature” before the Constitution (often the Maharaja’s old assembly) would continue to have the powers of a real State Assembly under the new Constitution.
• Status: REPEALED. This was a temporary setup for 1950-1952 and is now only of historical importance.

Article 382: [Provisions as to the Governor of Part A States…]

• Original Purpose: This article dealt with the “Governors” of the “Part A” States (the former British Provinces, like Madras, Bombay, and Uttar Pradesh).
• Plain English: It stated that the person who was the “Governor” of a province just before Jan 26, 1950, would automatically become the Governor of the new “State” on Jan 26, 1950, and would continue in office until a new Governor was appointed under the new rules.
• Status: REPEALED. This was a one-day provision to ensure there was no gap in the office of the Governor.

Article 383: [Provisions as to the Council of Ministers of Governors’ Provinces…]

• Original Purpose: This was the same rule as above, but for the Chief Ministers and their Cabinets.
• Plain English: It stated that the “Council of Ministers” (the Cabinet) that was advising the Governor in a province just before Jan 26, 1950, would automatically become the “Council of Ministers” for the new “State.” They would continue to do their jobs under the new Constitution.
• Status: REPEALED. This was another one-day provision to ensure a smooth handover of executive power.

Article 384: [Provisions as to Provisional Legislature in Part A States…]

• Original Purpose: This was the same rule as Article 381, but for the “Part A” States.
• Plain English: It stated that the “Legislative Assembly” that existed in a province (like the Bombay Legislative Assembly) just before Jan 26, 1950, would automatically become the “Provisional Legislative Assembly” for the new “State.” It would have all the powers of a new Assembly until the first general election was held.
• Status: REPEALED. This was a temporary provision for 1950-1952.

Article 385: [Provisions as to the Council of Ministers or Provisional Legislature in Part B States…]

• Original Purpose: This article was a mirror of 383 and 384, but for the “Part B” States (the Princely States).
• Plain English: It said that the “Council of Ministers” (the Cabinet) and the “Legislature” that were functioning in a Part B State (like Mysore) just before Jan 26, 1950, would automatically become the first “Council of Ministers” and “Provisional Legislature” of the new “State of Mysore.”
• Status: REPEALED. This was also a temporary provision for 1950-1952.

Article 386: [Provisions as to Provisional Legislature in Part C States…]

• Original Purpose: This was a rule for the “Part C” States (the smaller territories like Coorg, Ajmer, and Delhi).
• Plain English: It said that the body that was acting as the “legislature” or “advisory council” in these small territories before Jan 26, 1950, would continue to function as the new “Provisional Legislature” under the new Constitution.
• Status: REPEALED. This was also a temporary provision for 1950-1952.

Article 387: [Special provisions as to the determination of population…]

• Original Purpose: The new Constitution required seats in legislatures to be divided based on “population” (as per the last census). The last census was in 1941, but the “Partition” in 1947 had dramatically changed the populations of Punjab and West Bengal.
• Plain English: This article gave the President the power to ignore the 1941 census for these states and make his own “provisional” determination of the population of these divided states, just so the first elections could be held.
• Status: REPEALED. This was a one-time power for the first allocation of seats and was no longer needed after the 1951 census was completed.

Article 388: [Provisions as to the filling of casual vacancies in the Provisional Legislature…]

• Original Purpose: This article set the rules for “by-elections” in the “Provisional Parliament” and “Provisional State Legislatures” (the ones that existed from 1950-1952).
• Plain English: If an MLA or MP in one of these provisional (unelected) houses resigned or died, this article explained how their “casual vacancy” would be filled. The new member would be nominated or co-opted based on rules made by the President, since a public “by-election” couldn’t be held.
• Status: REPEALED. This was only needed for the 1950-1952 provisional houses and is no longer relevant.

Article 389: [Provisions as to Bills pending in the Dominion Legislature…]

• Original Purpose: What happens to bills that the old “Dominion Legislature” (the parliament before 1950) was in the middle of debating?
• Plain English: This article said that any bill that was pending in the old legislature did not die. It was automatically transferred to the new “Provisional Parliament” (under Art. 379) to be debated and passed.
• Status: REPEALED. This was a one-time “housekeeping” rule for the 1950 transition.

Article 390: [Moneys received or raised or expenditure incurred between the commencement of the Constitution and the 31st day of March, 1950…]

• Original Purpose: The Constitution started on Jan 26, 1950, but the financial year ended on March 31, 1950. There was no time to pass a new budget.
• Plain English: This article was a temporary “fix.” It said that the President could authorize all government spending from the Consolidated Fund of India for that short “gap” (Jan 26 – March 31, 1950) to keep the government running, using the same spending plan as the previous year.
• Status: REPEALED. This was a one-time authorization that expired on March 31, 1950.

Article 391: [Power of the President to amend the First and Fourth Schedules in certain contingencies.]

• Original Purpose: This was a temporary power for the President to make changes to the First Schedule (the list of states) and the Fourth Schedule (Rajya Sabha seat allocation). It was needed in 1950 to manage the complex transition of old British “Provinces” and “Princely States” into the new “Part A” and “Part B” states.
• Plain English: This article gave the President a short-term power to edit the lists of states and their Rajya Sabha seats, purely for the purpose of making the new Constitution work smoothly from day one, before the first Parliament was elected to make these changes.
• Status: REPEALED. This power was temporary and no longer needed after the government and states were formally set up. It was officially removed from the Constitution by the 7th Amendment Act in 1956.

Article 392: Power of the President to remove difficulties.

• Clause (1):
  • Plain English: This was another crucial temporary power given to the President. Its purpose was to “remove any difficulties” that arose during the transition from the old British law (Government of India Act, 1935) to the new Constitution. The President could issue an order to “adapt” (modify, add to, or omit) any part of the Constitution to solve the problem.
  • Proviso: This power was strictly temporary. It expired as soon as the first fully-elected Parliament met (which happened in 1952).
  • Real-World Example: This was like a “debug” function for the new Constitution. In 1950, a “difficulty” was found: a state needed a finance commission immediately, but the rules weren’t in place. The President could issue a “Removal of Difficulties Order” to create a temporary, one-time solution. This article’s power is now long gone.
• Clause (2):
  • Plain English: Any “order” the President issued under this power had to be laid before Parliament for review.
• Clause (3):
  • Plain English: This clause clarifies that before January 26, 1950, the “Governor-General of the Dominion of India” (the head of state before the President) had the power to issue these orders to prepare for the Constitution’s launch.