Part XXI - Temporary, Transitional and Special Provisions • Article

Article 389 Simplified: Provision as to Bills pending in the Dominion Legislatures and in the Legislatures of Provinces and Indian States

Article 389 originally managed bills that were pending in the pre-independence Dominion Parliament or provincial legislatures. It declared that any such pending bills would be carried over and considered by the corresponding new legislatures of the Republic of India. It was omitted 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 the old assemblies were in the middle of discussing a new law (a bill) when India became a Republic in 1950, this rule let them continue talking about it in the new assemblies, rather than starting all over again from scratch. It was deleted in 1956.

Student Mode

Article 389 was a transitional provision ensuring legislative continuity. It provided that any bill pending in the legislature of the Dominion of India, or of any province or princely state immediately before January 26, 1950, would be carried over and considered by the corresponding new legislature established under the Constitution. It was repealed by the 7th Amendment in 1956.

Example

A draft bill on agricultural tenancy pending in the Madras Legislative Assembly in late 1949 did not expire. Under Article 389, it was successfully carried over to the new Madras State Legislature in 1950 to be debated and passed.

Key Takeaway

A repealed article that ensured legislative continuity by carrying over pending bills from colonial legislatures to the new republican assemblies.

FAQs

What did Article 389 prevent?

It prevented the lapse of important pending legislation (like land reform bills or social codes) that had already undergone drafting and initial debates in colonial assemblies, saving considerable legislative time.

Did a bill pending in the Dominion Parliament carry over to the Provisional Parliament?

Yes. Under Article 389, it was deemed to have been introduced in the Provisional Parliament.

Quiz

Under Article 389, what happened to bills pending in the colonial Dominion Legislature?

Answer: They were carried over to the corresponding new legislatures of the Republic

Article 389 ensured the continuity of which legislative elements?

Answer: Pending bills and draft legislation