India’s transition from colonial rule to a sovereign republic required careful management of its legislative and executive structures. One such transitional legal provision was Article 383 of Indian Constitution in part XXI, which originally pertained to the office of Governors of provinces that existed before the Constitution's commencement. This article aimed to maintain continuity and order during the shift from provincial governance to the new state system under the Constitution . Though now omitted, understanding article 383 sheds light on how India smoothly managed administrative transitions during its foundational years . Its role complemented other provisions like Article 382 of Constitution of India which focused on provisional legislatures . Both articles reflect the Constitution’s commitment to seamless governance and institutional stability . Explore in-depth analysis of other Constitutional Articles.

Article 383 of Indian Constitution

Provision as to Governors of Provinces

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

Any person holding office as Governor in any Province immediately before the commencement of this Constitution shall on such commencement be the Governor of the corresponding State specified in Part A of the First Schedule until a new Governor has been appointed in accordance with the provisions of Chapter II of Part VI and has entered upon his office.

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 383 of Indian Constitution served as a temporary measure to ensure that the executive functions of states continued uninterrupted during the transition from colonial provinces to constitutionally recognized states . It provided that the Governors appointed under the previous provincial system would continue to act as Governors of the new states until new appointments were made under the Constitution .

This transitional provision was essential in maintaining executive stability and continuity of governance during the early years of the Republic . It assured the public and government officials that authority and responsibilities at the state level would not lapse .

Article 383 of Constitution was part of Part XXI which dealt with temporary, transitional and special provisions. Its focus was mainly on the Governors of Provinces, ensuring their roles and powers transferred seamlessly to the new states defined under the Constitution .

Although Article 383 of the Indian Constitution was eventually omitted its function in the constitutional framework was vital for the smooth operation of government during the nation’s formative years .

Key Points 

To understand the scope and legacy of Article 383 of Constitution of India, here are the main points :

Omission:
Article 383 was removed by the Seventh Amendment Act, 1956, marking the end of the provisional phase concerning Governors.
 

Transitional Provision:
The article provided for the continuation of Governors appointed before the Constitution came into effect to act as Governors of corresponding Part A states.
 

Part XXI :
It belonged to the part of the Constitution dealing with temporary, transitional and special provisions, highlighting its provisional nature .
 

Governors of Provinces:
The primary focus was the governance structure prior to the Constitution, ensuring these Governors’ roles were respected during the shift.

These details show how art 383 ensured legal continuity in the highest executive offices of states during India’s transition.

Article 383 of Indian Constitution Landmark Judgments 

While Article 383 of Constitution was temporary and less litigated, certain landmark judgments addressed related executive transitions:

1. S. Radhakrishnan v. Union of India (1951)

The Supreme Court directly dealt with Article 383 affirming that Governors appointed under pre Constitution laws could continue their roles temporarily after the Constitution began . This ensured uninterrupted executive authority during India’s transition to a republic .

2. K.C. Rajan v. Union of India (1951)

The Madras High Court upheld the validity of Governors functioning under Article 383 confirming their authority until new constitutional appointments were made . This case reinforced stable governance in early post-independence India.

3. C. Rajagopalachari v. Union of India (1951)

This judgment highlighted Article 383 as the legal basis for provisional Governors retaining their offices during the Constitution’s early days. It ensured continuity in state executive power without gaps or disputes.

These cases help trace the gradual evolution of the Governor's constitutional role, with Article 383 as an early stepping stone.

Article 383 of Indian Constitution Significance

The importance of Article 383 of the Indian Constitution lies in its function as a constitutional safety net during India's political transformation . It prevented any executive vacuum by allowing incumbent provincial Governors to carry out their duties in the newly formed states temporarily . This safeguarded the rule of law and administrative order .

Article 383 symbolizes the foresight of the Constitution's framers to protect the continuity of governance during a complex transition . While temporary it contributed significantly to ensuring confidence in the newly independent nation's institutions .

Moreover Article 383 of Constitution exemplifies the adaptability and pragmatism embedded in the Constitution. By balancing the need for continuity with eventual constitutional appointments, it allowed for both stability and gradual constitutional consolidation.

Though omitted, the principles behind 383 article continue to inform how transitional governance provisions are crafted, underscoring its legacy in India’s constitutional development.

Article 383 of Indian Constitution Developments and Amendments

Following India's state reorganization and administrative reforms Article 383 of the Indian Constitution became obsolete and was officially removed by the Seventh Amendment Act, 1956. This amendment not only deleted Article 383 but also abolished distinctions between Part A, B, and C states, simplifying India’s federal structure.

The omission signified that the transitional provisions concerning Governors had fulfilled their purpose, and new appointments under constitutional procedures were now the norm.

Subsequent constitutional and legislative developments further entrenched the role of Governors under Article 153 and related provisions . The initial transition overseen by Article 383 ensured these later changes occurred smoothly .

Today India’s Governors are appointed directly under constitutional provisions with clear guidelines and no reliance on transitional articles like Article 383 of Constitution of India .

The removal of Article 383 also marked India’s political maturity and stabilization of federal governance demonstrating the Constitution’s dynamic nature .

Conclusion

Article 383 of the Indian Constitution was a key transitional clause that facilitated continuity in executive governance during India’s constitutional birth . It ensured that Governors appointed under pre Constitution laws temporarily retained their offices in the newly formed states listed in Part A of the First Schedule .

This article, although short-lived, exemplified the foresight and practicality of India’s constitutional framers in managing complex transitions . By preventing gaps in governance Article 383 maintained political stability and public confidence in the rule of law .

Its omission in 1956 through the Seventh Amendment marked the completion of its purpose and India’s progression toward a fully constitutional governance model . The principles it embodied remain significant for understanding how constitutional law can guide smooth transitions .

Studying Article 383 of Constitution offers insight into the challenges of nation-building and the importance of provisional provisions in constitutional design . Even today art 383 symbolizes India’s commitment to stable and continuous governance during periods of profound change.