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| What is Article 378 of Indian constitution |
📜 Article 378 of the Indian Constitution
Title: Provisions as to Public Service Commissions
🧾 Original Purpose:
Article 378 was a transitional provision meant to ensure continuity of Public Service Commissions (both Union and State) during the shift from British rule to the Republic of India under the Constitution.
🔍 Simplified Explanation:
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Before 1950, the Federal Public Service Commission and Provincial Public Service Commissions functioned under the Government of India Act, 1935.
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Article 378 allowed:
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These commissions to continue functioning temporarily after the Constitution came into force.
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Chairmen and members of these commissions to remain in office until their terms expired.
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📌 Key Points:
| Feature | Description |
|---|---|
| Applies to | Union (Federal) and State (Provincial) Public Service Commissions pre-1950 |
| Purpose | Ensure continuity of civil service recruitment and examination |
| Commission Status | Continued temporarily under the Constitution |
| Members & Chairman | Continued until term ended or new appointment made |
| New Appointments | Made under Article 315 and related provisions later |
🧾 Full Provision (in essence):
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Commissions created under colonial rule shall continue to function.
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Existing members (Chairman and others) will remain in office.
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They will discharge functions under the Constitution.
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Until replaced, their authority is recognized under the new system.
✅ Why Article 378 Was Important:
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Maintained the administrative machinery for public services (like IAS, PCS).
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Prevented disruption in recruitment and civil services.
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Created a legal bridge between colonial commissions and constitutional commissions.
Here is a flowchart for Article 378 of the Indian Constitution, explaining its transitional provisions related to Public Service Commissions:
📊 Flowchart: Article 378 – Continuity of Public Service Commissions
┌────────────────────────────────────────────┐
│ Public Service Commissions (Pre-1950) │
│ - Federal Commission │
│ - Provincial Commissions │
│ (Under Govt. of India Act, 1935) │
└────────────────────────────────────────────┘
│
▼
┌──────────────────────────────────────────────┐
│ Allowed to continue under Article 378 │
│ (From 26 January 1950 onwards) │
└──────────────────────────────────────────────┘
│
▼
┌────────────────────────────────────────────────────┐
│ Chairman & Members remain in office │
│ Until their original term expires or replaced │
└────────────────────────────────────────────────────┘
│
▼
┌──────────────────────────────────────────────────────────┐
│ Functions performed under Constitution until replaced by │
│ new Commissions under Article 315 │
└──────────────────────────────────────────────────────────┘
🧾 Summary:
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Old commissions stayed active post-Constitution.
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Members continued their roles.
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New commissions formed later under Article 315.
Here is a timeline of Article 378 of the Indian Constitution, highlighting the transition of Public Service Commissions:
📅 Timeline: Article 378 – Transition of Public Service Commissions
| Date | Event |
|---|---|
| Before 26 Jan 1950 | Federal and Provincial Public Service Commissions operated under the Government of India Act, 1935. |
| 26 January 1950 | Constitution of India comes into force. Article 378 becomes effective. |
| Existing Public Service Commissions continue under Article 378. | |
| Chairman and Members continue in office as per their original terms. | |
| Post-26 Jan 1950 | These commissions perform duties under the new Constitution. |
| Later Dates (State-wise) | New Public Service Commissions formed under Article 315 by Union and State Governments. |
| After Replacement | Transitional provision (Article 378) ceases to apply once new appointments are made. |
🧾 Summary:
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Ensured smooth transition in civil service recruitment.
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Avoided vacuum in administrative machinery.
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Eventually replaced by Constitutional Commissions under Article 315.
Here is a comparison between Article 376, Article 377, and Article 378 of the Indian Constitution — all of which are transitional provisions under Part XXI:
🆚 Comparison: Article 376 vs Article 377 vs Article 378
| Aspect | Article 376 | Article 377 | Article 378 |
|---|---|---|---|
| Title | Provisions as to Judges of High Courts & Federal Court | Provisions as to Comptroller and Auditor-General (CAG) | Provisions as to Public Service Commissions |
| Who It Applies To | Judges of Federal & High Courts before 26 Jan 1950 | Auditor-General of India before 26 Jan 1950 | Members of Public Service Commissions (Union & State) before 1950 |
| Nature of Provision | Judicial continuity | Audit/accounting continuity | Administrative/civil service continuity |
| Constitution Role | Continued judges as per Constitution; required fresh oath | Continued Auditor-General as CAG until new appointment | Continued Commission & members until replaced |
| Oath Requirement | Yes, under Articles 124(6) and 219 | No, direct transition | No, continued in office as per original term |
| Ends When | Judge retires as per constitutional age | New CAG appointed under Article 148 | New PSCs appointed under Article 315 |
| Linked Article for Replacement | Not directly; part of judicial framework | Article 148 | Article 315 |
| Goal/Purpose | Maintain judicial independence and continuity | Maintain audit/financial accountability | Maintain recruitment and administrative continuity |
| Part of Constitution | Part XXI – Temporary, Transitional & Special Provisions | Part XXI – Temporary, Transitional & Special Provisions | Part XXI – Temporary, Transitional & Special Provisions |
🧾 Summary:
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All three ensured no disruption in essential constitutional bodies during the shift from British India to Republic of India.
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Article 376 → Judiciary
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Article 377 → CAG
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Article 378 → Public Service Commissions
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