In the formative years of the Indian Republic ensuring uninterrupted governance across diverse states was a significant challenge . Article 385 of Indian Constitution addressed this by providing a framework for provisional legislatures in Part B states, which were former princely states integrated into the Union. This article allowed existing legislative bodies to function until new legislatures were constituted under the Constitution, ensuring a seamless transition and preventing administrative vacuums . Although Article 385 of Constitution of India was a temporary measure its contribution to stabilizing the nascent democratic framework was substantial .

The importance of Article 385 of the Indian Constitution lies in its timing—it came into force when the Indian administrative landscape was still adjusting to the new constitutional framework. As a part of Part XXI it offered transitional guidance to support governance continuity. Although art 385 has since been omitted, its historical value remains a testament to the foresight of India’s constitution makers. Explore in-depth analysis of other Constitutional Articles.

Article 385 of Indian Constitution

Provision as to provisional Legislatures in States in Part B of the First Schedule

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

Until the House or Houses of the Legislature of a State specified in Part B of the First Schedule has or have been duly constituted and summoned to meet for the first session under the provisions of this Constitution, the body or authority functioning immediately before the commencement of this Constitution as the Legislature of the corresponding Indian State shall exercise the powers and perform the duties conferred by the provisions of this Constitution on the House or Houses of the Legislature of the State so specified.

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Article 385 of Indian Constitution served as a transitional mechanism to maintain legislative functions in Part B states during the period between the adoption of the Constitution and the establishment of duly elected legislatures. Part B states, primarily former princely states, had their own legislative bodies before integration into the Indian Union. This article permitted these existing bodies to continue exercising legislative powers until new legislatures were formed in accordance with the Constitution .

The provision ensured that there was no legislative vacuum in these states, allowing for the continuous enactment and enforcement of laws necessary for governance . By legitimizing the functioning of pre-existing legislative bodies Article 385 of Constitution facilitated a smooth administrative transition and upheld the rule of law during a critical phase of nation-building .

During this time, Article 385 of the Indian Constitution worked as a safeguard to provide legal authority to interim legislative bodies . Once the state legislatures were established through democratic elections, art 385 lost its relevance and its purpose was considered fulfilled . Therefore, the article was later omitted as the newly formed constitutional framework took over legislative functions . Its removal did not undermine its importance; rather, it marked the successful completion of India's constitutional transition .

Article 385 of Indian Constitution Landmark Judgments 

Given the transitional and temporary nature of Article 385 of Constitution of India there is a scarcity of landmark judgments directly interpreting this provision . However certain cases have touched upon issues related to legislative authority during transitional periods which align with the intent of article 385.

Thakur Amar Singhji v. State of Rajasthan (1955)

In this case, the Supreme Court upheld the validity of legislative powers exercised by the Rajpramukh during the transitional period for Part B states. It directly affirmed the legal authority granted by Article 385 of Constitution of India, validating laws enacted by interim legislative bodies. This judgment serves as the clearest and most direct judicial recognition of Article 385 reinforcing its transitional role in maintaining governance continuity post-independence .

Article 385 of Indian Constitution Significance

The inclusion of Article 385 of 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 385 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 385 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 . In that sense, Article 385 of the Indian Constitution is historically significant despite its omission.

Article 385 of Indian Constitution Developments and Amendments

Article 385 of Constitution of India was formally omitted through the Constitution (Seventh Amendment) Act, 1956, which came into effect on 1st November 1956 . This amendment was part of a broader exercise to remove transitional provisions that had served their purpose following the reorganization of states and the establishment of new legislative bodies .

This restructuring was initiated through the States Reorganisation Act, 1956 which redrew the boundaries of Indian states and streamlined governance mechanisms . Since the states listed under Part B had successfully constituted their new legislatures, Article 385 of Indian Constitution had become redundant.

Initially, article 385 had allowed interim legislative bodies to perform the duties of the state legislature until full legislative assemblies were established. With the implementation of the reorganization and the Seventh Amendment the temporary context that necessitated 385 article ceased to exist .

Therefore Article 385 of the Indian Constitution was removed from the text. Its deletion marked India’s progression from a transitional governance model to a fully realized federal structure. While art 385 no longer holds legal authority, its historic importance is widely acknowledged in constitutional literature.

Article 385 of Indian Constitution Transitional Role

During the formative years of the Indian Republic, Article 385 of Indian Constitution acted as a bridge for legislative authority in the states listed under Part B of the First Schedule. These states, many of which were formerly princely states, had not yet developed fully formed legislative structures at the time the Constitution came into force.

Article 385 of Constitution of India ensured that the legislative duties did not stall in these regions. Instead it empowered the then-existing authorities or interim legislative bodies to carry out all legislative responsibilities until regular legislatures could be duly constituted. This safeguard provided uninterrupted governance and legal continuity across the transitional phase.

The 385 article was by design, a temporary provision—an essential tool to address the governance gap until new legislative assemblies were formed. Its core function revolved around enabling interim legislative bodies to operate in full capacity maintaining order and continuity.

As India’s administrative structure evolved the States Reorganisation Act, 1956 reorganized the boundaries and governance frameworks of these Part B states. With newly constituted legislative assemblies taking over, the provisional function of Article 385 of the Indian Constitution became redundant. Consequently Article 385 of Constitution was officially omitted by the Constitution (Seventh Amendment) Act, 1956, which came into force on November 1, 1956 .

Conclusion 

Article 385 of the Indian Constitution was more than a technical detail—it was key to India’s shift from colonial rule to democracy. It let interim legislatures in Part B states keep working until full ones were formed, ensuring stability and legal order.

Its inclusion showed the framers’ foresight in handling real-time governance. The Seventh Amendment later removed it, not because it lacked value, but because its purpose had been fulfilled.

Though no longer in the Constitution, Article 385 reminds us of the complex path to nation-building. It shows how even temporary laws can leave a lasting impact when they support democracy and stability.