 |
| What is Article 389 of Indian constitution |
📜 Article 389 of the Indian Constitution
Title: Provisions as to temporary powers of certain authorities to make laws
❗️Status:
Article 389 has been repealed.
It was a transitional provision and was omitted by the Constitution (Seventh Amendment) Act, 1956.
🧾 Original Purpose (Before Repeal):
-
Article 389 granted temporary legislative powers to certain existing authorities (like Rajpramukhs or administrators) in Indian states, especially Part B and Part C States, where elected legislatures had not yet been formed after the Constitution came into effect on 26 January 1950.
🔍 Simplified Explanation:
-
At the time the Constitution came into force, many states didn’t yet have elected legislatures.
-
Article 389 allowed:
-
The President (for Union territories and Part C states) and
-
The Governor or Rajpramukh (for Part B states)
-
To make laws temporarily, until the Constitutionally elected legislature was in place.
-
-
This was to avoid a legislative vacuum in the transitional period.
📌 Key Features:
| Aspect | Details |
|---|---|
| Applies To | Part B and Part C States and certain Union Territories |
| Provision Type | Temporary legislative powers |
| Powers Given To | President, Governor, or Rajpramukh |
| Purpose | To make laws until elected legislatures were established |
| Duration | Valid until the first elections and formation of State Legislatures |
| Repealed By | 7th Constitutional Amendment Act, 1956 |
🗂️ Background – Who Had Power Under Article 389?
| Authority | Territory/State Type |
|---|---|
| President of India | Union territories, Part C states |
| Governor | Part B states |
| Rajpramukh | Princely states or state unions |
✅ Why Article 389 Was Important (and Then Repealed):
-
Ensured that laws could be made during the early phase of the Constitution.
-
Prevented governance paralysis in the absence of elected bodies.
-
Became unnecessary after the first general elections (1951–52) and was repealed when all states had functional legislatures.
Follow Us