Overview
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Article 384 of Indian Constitution was an important transitional provision included in the original Constitution adopted in 1950. It played a pivotal role during India’s transition from colonial governance to a republic. Article 384 of Constitution of India made sure that provincial ministers continued to operate until new appointments were made under the framework of the Constitution.
This article existed as part of Part XXI, which deals with Temporary, Transitional and Special Provisions. It allowed the Council of Ministers of the Governor to function uninterrupted during India’s early democratic formation. Although Article 384 of the Indian Constitution is no longer in force today, it was instrumental in India’s constitutional history.
The 7th Amendment later repealed this provision as it had fulfilled its transitional role. To fully understand art 384, we must explore its wording, intent, historical value, and subsequent omission through legal amendments. Explore in-depth analysis of other Constitutional Articles.
Overview |
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Name of the Article |
Article 384 of Indian Constitution- Council of Ministers of the Governors. |
Part of the Constitutional Article |
XXI |
Council of Ministers of the Governors
Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Such persons as the Governor of a State may appoint in that behalf shall become members of the Council of Ministers of the Governor under this Constitution, and, until appointments are so made, all persons holding office as Ministers for the corresponding Province immediately before the commencement of this Constitution shall on such commencement become, and shall continue to hold office as, members of the Council of Ministers of the Governor of the State under this Constitution.
Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders"
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Article 384 of Constitution ensured that governance continued smoothly after the Constitution of India came into force . The article stated that ministers from the previous provincial governments would remain in office until the Governor under the Constitution made new appointments . This prevented disruptions and helped preserve administrative stability in states .
The article highlighted the constitutional foresight of India’s founding fathers. At a time when political structures were evolving, Article 384 of Constitution of India gave legal legitimacy to the continuation of ministers who were already serving under colonial arrangements. It prevented power vacuums and allowed the wheels of governance to keep turning.
Before being omitted, Article 384 of the Indian Constitution served a clear and vital purpose. It was not about permanent law but transitional necessity. In essence, 384 article gave existing ministers provisional authority to act under the new constitutional order.
Eventually, when these transitional objectives were met, the article became obsolete and was removed. However, its value during India’s foundational years remains undisputed.
There are no Supreme Court judgments strictly related to Article 384 of Indian Constitution. As a transitional provision under Part XXI, it aimed to ensure that provincial ministers continued in office after the Constitution came into effect. Since it served a clear administrative purpose and was repealed by the Seventh Amendment Act, 1956, it did not lead to any significant litigation or judicial interpretation. Its relevance lies in historical context rather than case law.
The inclusion of Article 384 of the Indian Constitution in Part XXI reflected the Constitution makers’ deep understanding of India's transitional needs . It was never meant to be a permanent part of governance . Instead it offered a legal bridge between colonial administrations and India's new constitutional government .
Its significance lies in ensuring legal continuity . Ministers who governed under the British Provincial system were validated to continue their functions temporarily under the new regime. This gave both legal and administrative confidence to citizens and civil services alike.
Art 384 also highlighted the importance of pragmatic governance—something often overlooked during times of sweeping legal reform. It served its function without creating administrative confusion.
Moreover, Article 384 of Constitution inspired confidence in the people during India's formative days as a republic. It reflected a conscious strategy to prevent governance disruptions and helped build a foundation for today’s administrative processes.
Article 384 was formally omitted through the Constitution (Seventh Amendment) Act, 1956, which came into effect on 1 November 1956. This amendment was part of a broader exercise to remove transitional provisions that had served their purpose.
As Part XXI specifically dealt with temporary and transitional measures, several provisions like article 384 became irrelevant as India's governance matured. The deletion of Article 384 of Constitution of India marked a significant moment—India had completed its transition phase and no longer needed such legal scaffolding.
Article 384 of the Indian Constitution originally dealt with the Council of Ministers of the Governor. It allowed pre-Constitution ministers to continue until formally replaced. Its removal also implied that all state-level ministerial appointments would henceforth be governed only by regular constitutional processes, reinforcing democratic norms.
While 384 article no longer exists in today’s Constitution, its historical role is preserved in legal commentaries and transitional case law. The omission signaled India’s movement from transitional rule to a fully operational constitutional state .
Article 384 of Indian Constitution was not merely a technical provision—it was a key element in the legal architecture that supported India’s shift from colonial rule to constitutional democracy . By allowing ministers from the British era to function under the new constitutional framework it ensured that the system remained intact and functional .
Although article 384 has now been repealed its existence once safeguarded the smooth transfer of power at the state level. It also showed how India’s founding fathers anticipated practical governance challenges and addressed them head-on .
The omission of Article 384 of Constitution through the 7th Amendment reflects both constitutional maturity and democratic progress . Its principles—ensuring continuity, legality, and functional governance—continue to resonate in contemporary India, especially during state reorganization, government formation, and transitional crises.
Understanding art 384 offers a unique lens to appreciate the Constitution’s flexibility and its builders’ foresight. While we no longer see Article 384 of the Indian Constitution in the official text, its legacy lives on through the stable administrative foundations it helped establish.
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