What is Article 385 of indian constitution

www.hinsoli.com July 11, 2025

What is Article 385 of Indian constitution

📜 Article 385 of the Indian Constitution

Title: Effect of the provisions of this Constitution on the authority and jurisdiction of existing authorities in Part B States

❗️Status:

Article 385 has been repealed by the 7th Constitutional Amendment Act, 1956.

🧾 Original Purpose (Before Repeal):

Article 385 addressed the legal status and functioning of existing authorities (executive, legislative, judicial) in Part B States when the Constitution of India came into force on 26 January 1950.
It ensured that these authorities continued to operate, but now subject to the Constitution.

🔍 Simplified Explanation:

Before 1950, Part B States (former princely states) had their own governments, laws, and institutions.
Article 385 ensured that:
- These existing authorities did not become invalid just because the Constitution came into force.
- But all such bodies would now function only as per the Indian Constitution.
- Their powers and functions were limited to what the Constitution permitted.

📌 Key Features:

Aspect	Details
Applies To	Authorities in Part B States (executive, legislature, judiciary, etc.)
Provision	Allowed them to continue functioning after 26 Jan 1950
Condition	Must now act within the framework of the Constitution
Goal	To ensure administrative and legal continuity while shifting to constitutional rule
Repealed By	7th Constitutional Amendment Act, 1956

🗂️ Background – Part B States Included:

Hyderabad
Jammu & Kashmir (partially autonomous under Article 370)
Mysore
Madhya Bharat
Travancore-Cochin
Rajasthan
Saurashtra
PEPSU (Patiala & East Punjab States Union)

✅ Why Article 385 Was Important (and Then Repealed):

Prevented governance breakdown in Part B states during transition.
Ensured existing institutions remained active but within constitutional limits.
Became obsolete after 1956, when Part A, B, C classification was removed, and all states were brought under a uniform constitutional structure.

Here is a comparison of Articles 380 to 385 of the Indian Constitution — all of which were transitional provisions specifically designed for Part B States (former princely states) and were repealed by the 7th Constitutional Amendment Act, 1956.

🆚 Comparison Table: Articles 380 to 385

Article	Subject	Purpose	Who/What It Applied To	Ends When	Repealed By
380	Constitution of Legislatures in Part B States	Allowed temporary legislative bodies in Part B States	Legislatures in princely states	Upon formation of elected state legislatures	7th Amendment Act, 1956
381	Governor of Part B States	Allowed Rajpramukhs to serve as Governors temporarily	Rajpramukhs (heads of princely states)	Upon appointment of Governors under Article 155	7th Amendment Act, 1956
382	Council of Ministers in Part B States	Allowed existing ministers to continue temporarily	Ministers in princely states	Until formation of new Council of Ministers	7th Amendment Act, 1956
383	Governor’s legislative powers in absence of legislature	Allowed Governor to exercise legislative power until legislature formed	Governor of Part B States	Upon establishment of state legislatures	7th Amendment Act, 1956
384	Adaptation of existing laws in Part B States	Permitted continuation and adaptation of pre-existing laws	Laws of princely states	When laws were adapted/replaced under Constitution	7th Amendment Act, 1956
385	Existing authorities in Part B States	Ensured existing authorities continue, but subject to the Constitution	Administrative, judicial & legislative bodies in Part B States	When constitutional institutions replaced existing ones	7th Amendment Act, 1956

🧾 Key Takeaways:

These articles ensured smooth integration of princely states (Part B) into the Indian Union after 1950.
They covered legislatures, governors, ministers, laws, and authorities.
All were temporary, designed to avoid administrative or legal vacuum.
Repealed in 1956 when India adopted a uniform state structure through the States Reorganisation Act.