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What is Article 382 of indian constitution

 

What is Article 382 of Indian constitution

📜 Article 382 of the Indian Constitution

Title: Provisions as to the Council of Ministers for Part B States


❗️Status:

Article 382 has been repealed.
It was a transitional provision and was omitted by the Constitution (Seventh Amendment) Act, 1956.


🧾 Original Purpose (Before Repeal):

  • Article 382 provided for the continuation of the existing Council of Ministers in Part B States after the Constitution of India came into force on 26 January 1950.

  • These were the ministers who had been functioning under pre-Constitution arrangements, particularly under the governance of the Rajpramukh.


🔍 Simplified Explanation:

  • Allowed the existing ministers (appointed before the Constitution) in Part B States to continue functioning.

  • They were to aid and advise the Governor (formerly Rajpramukh) under the new constitutional framework.

  • Continued until a new Council of Ministers was formed under the Constitution.


📌 Key Features:

Aspect Details
Applies To Part B States (princely states and unions)
Subject Council of Ministers (pre-Constitution)
Provision Existing ministers could temporarily continue in office
Role To aid and advise the Governor, just like under Article 163
Ends When A new Council of Ministers is appointed under constitutional procedures
Repealed By 7th Constitutional Amendment Act, 1956

🗂️ Background – What Were Part B States?

These included:

  • Hyderabad

  • Jammu & Kashmir

  • Mysore

  • Madhya Bharat

  • Rajasthan

  • Travancore-Cochin

  • Saurashtra

  • PEPSU (Patiala & East Punjab States Union)


Why Article 382 Was Important (and Then Repealed):

  • Ensured no administrative vacuum in Part B states.

  • Maintained continuity of governance during the transition.

  • Became obsolete after 1956 when:

    • Part B states were merged or reorganized, and

    • Uniform constitutional provisions applied to all states.