What is Article 391 of indian constitution

 

What is Article 391 of Indian constitution

📜 Article 391 of the Indian Constitution

Title: Power of the President to amend the First and Fourth Schedules in certain contingencies

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❗️Status:

Article 391 has been repealed.
It was a transitional provision, omitted by the Constitution (Seventh Amendment) Act, 1956.

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🧾 Original Purpose (Before Repeal):

• Article 391 empowered the President of India to make temporary amendments to the:

  • First Schedule – which contains the names and territorial details of Indian states and union territories, and

  • Fourth Schedule – which lists Rajya Sabha seat allocations for each state.

• This power was necessary during the initial phase of the Constitution, especially as state boundaries were changing and new states were being integrated.

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🔍 Simplified Explanation:

• From 26 January 1950, India was undergoing territorial changes:

  • Integration of princely states,

  • Reorganization of state boundaries,

  • Merging and splitting of administrative units.

• Article 391 allowed:

  • The President to update state names, territories, and Rajya Sabha seat allocations in the Schedules without needing a constitutional amendment.

  • This was a temporary power, meant to help smooth the transition.

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📌 Key Features:

Aspect	Details
Applies To	First Schedule (States & Territories) and Fourth Schedule (Rajya Sabha seats)
Power Given To	President of India
Type of Power	Amendment power (limited and temporary)
Purpose	To adjust state boundaries, names, and seat allocations as needed
Legal Scope	Could issue orders without going through Parliament
Repealed By	7th Constitutional Amendment Act, 1956

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🗂️ Context:

• The First Schedule initially listed Part A, B, C, and D States.

• The Fourth Schedule needed to be updated as new states were added or existing states were reorganized.

• President's power under Article 391 was used until a more permanent framework was in place (i.e., post–States Reorganisation Act, 1956).

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✅ Why Article 391 Was Important (and Then Repealed):

• Allowed quick and flexible changes in the state list and parliamentary representation during early years.

• Was no longer needed after:

  • Reorganization of Indian states (1956),

  • Establishment of a stable constitutional process for amending Schedules,

  • Parliamentary procedure under Article 4 and Article 368 became the norm.

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