Part XXI - Temporary, Transitional and Special Provisions • Article

Article 391 Simplified: Power of the President to amend the First and Fourth Schedules in certain contingencies

Article 391 originally gave the President temporary power to amend the First Schedule (states list) and Fourth Schedule (Rajya Sabha seats allocation) if any changes in state borders occurred during the transitional period before the fully elected Parliament met. 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 any state lines changed or states merged during the first few months of 1950, this rule let the President update the list of states and Rajya Sabha seats immediately, without waiting for a full Parliament vote. It was deleted in 1956.

Student Mode

Article 391 was a transitional provision that vested temporary powers in the President to amend the First Schedule (list of states and territories) and Fourth Schedule (allocation of Rajya Sabha seats) to reflect any state reorganizations or princely state mergers that occurred before the first elected Parliament met. It was repealed by the 7th Amendment in 1956.

Example

If borders between two provinces were adjusted in late 1950, the President could update the list of states in the First Schedule by executive order under Article 391, without waiting for a constitutional amendment act.

Key Takeaway

A repealed article that allowed the President to make minor transitional adjustments to state lists and Rajya Sabha seats.

FAQs

What was the utility of Article 391?

Normally, amending the First or Fourth Schedule requires a constitutional amendment act passed by Parliament. Article 391 provided a temporary shortcut, letting the President make these updates by order to keep the schedules accurate during the initial integration phase.

Did the President use this power?

Yes. For example, the President issued orders amending the schedules to reflect the merger of provinces and princely states during the early months of 1950.

Quiz

Which schedules of the Constitution could the President amend by order under Article 391?

Answer: First and Fourth Schedules

Why was Article 391 omitted by the 7th Amendment?

Answer: A permanent Parliament was established, making presidential transitional amendments obsolete