Part XXI - Temporary, Transitional and Special Provisions • Article

Article 388 Simplified: Provisions as to the filling of casual vacancies in the provisional Parliament and provisional Legislatures of the States

Article 388 originally outlined the rules for filling casual vacancies (due to death, resignation, or disqualification) in the Provisional Parliament and provisional state assemblies between 1950 and 1952, ensuring they remained fully staffed. It was repealed in 1956.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

If a temporary lawmaker died or resigned between 1950 and 1952, this old rule explained how other leaders could choose a replacement to take over their seat until elections were held. It was deleted in 1956.

Student Mode

Article 388 was a transitional provision regulating the filling of casual vacancies in the Provisional Parliament and the provisional state legislatures. Since these bodies were not elected under the standard universal suffrage rules of the new Constitution, Article 388 provided specific protocols for by-elections or appointments by the remaining members of those assemblies. It was repealed by the 7th Amendment in 1956.

Example

If a member of the Provisional Parliament resigned in late 1950, the vacancy was filled according to the guidelines in Article 388, allowing the seat to be filled by election/nomination by the remaining regional assembly members.

Key Takeaway

A repealed article that provided transitional rules for filling vacancies in the provisional parliament and state assemblies between 1950 and 1952.

FAQs

How were casual vacancies filled in the Provisional Parliament under Article 388?

Vacancies of members representing a province were filled by election by the elected members of the Legislative Assembly of that province. If the member represented a princely state, the vacancy was filled by nomination by the Rajpramukh or ruler.

Why was this article repealed?

Once permanent, fully elected legislatures were established in 1952 under standard election laws, the provisional vacancy rules became obsolete.

Quiz

Under Article 388, how were vacancies of members representing princely states in the provisional parliament filled?

Answer: By nomination by the Rajpramukh or Ruler of the state

Why was Article 388 repealed by the 7th Amendment?

Answer: Permanent elected legislatures were established, making provisional rules obsolete