Part XXI - Temporary, Transitional and Special Provisions • Article

Article 382 Simplified: Provisions as to provisional Legislatures for States in Part A of the First Schedule

Article 382 originally allowed the legislatures of the pre-independence Provinces (like Madras, Bombay, and Bihar) to serve as provisional State Legislatures from 1950 until the first general elections in 1952. Once elected assemblies took office, this transitional provision was repealed in 1956.

Official Text

Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

Simple Meaning

Explain Like Ten

This old rule let state lawmakers who were elected under British rules continue making state laws for 2 years until the first real free Indian elections took place. It was deleted in 1956.

Student Mode

Article 382 was a transitional provision that designated the pre-independence provincial legislative assemblies of Part A states (such as Bombay, Madras, and West Bengal) as provisional State Legislatures from January 26, 1950, until elected assemblies took office in 1952. It was repealed by the 7th Amendment in 1956.

Example

Between 1950 and 1952, the members of the Bombay Legislative Assembly who had been elected under colonial rules continued to legislate for the new State of Bombay under Article 382, avoiding a regional legislative vacuum.

Key Takeaway

A repealed article that designated pre-independence provincial assemblies as provisional state legislatures until the first elections in 1952.

FAQs

Why was a provisional legislature needed for the states?

Preparing regional electoral lists and setting up democratic machinery for independent India took time. Provisional legislatures ensured that states had working lawmaking bodies to pass local budgets and manage administration in the interim.

Did these provisional assemblies have the power to amend laws?

Yes. They exercised all the powers and performed all the functions of a constitutionally created state legislature, subject to the new constitutional limits.

Quiz

Which body functioned as the provisional legislature for Part A states under Article 382?

Answer: The pre-independence Provincial Legislative Assemblies

When was Article 382 omitted from the Constitution?

Answer: 1956