Article 306 of the Costitution of India with Case law
🔷 Article 306 of the Constitution of India – [REPEALED]
📜 Original Text of Article 306 (Before Repeal by the 7th Amendment, 1956):
"Notwithstanding anything in this Constitution, the Government of a State may, with the consent of the Government of India, continue to exercise such legislative and executive powers as the Government of India may, from time to time, confer upon it in relation to any area outside that State for the time being administered by the Government of India."
❌ Current Status:
Article 306 was repealed by the Constitution (Seventh Amendment) Act, 1956
Effective from: 1 November 1956
🧾 Explanation & Purpose (Before Repeal):
Article 306 allowed State Governments to continue exercising certain legislative and executive powers over territories that were outside their formal jurisdiction (such as Part C States or centrally administered areas) with the consent of the Government of India.
This article was transitional in nature, meant to help manage reorganization and integration of states and territories after independence.
It acknowledged the complex administrative reality post-1947, where boundaries and jurisdictions were still evolving.
📚 Repeal and Relevance of the 7th Amendment (1956):
The Seventh Amendment:
Abolished the distinction between Part A, B, C, and D States.
Introduced the concept of Union Territories.
Made structural changes in the Constitution to implement the recommendations of the States Reorganisation Commission.
Article 306, being obsolete after these changes, was removed.
⚖️ Case Law:
Since Article 306 was transitional and repealed early in 1956, there are no major constitutional cases based directly on it. However, it was briefly referenced in early debates and administrative correspondences concerning state reorganization and temporary jurisdictional arrangements before the formal creation of new states or merger of territories.
📌 Summary Table:
| Feature | Details |
|---|---|
| Article Number | 306 |
| Status | Repealed |
| Repealed By | 7th Constitutional Amendment Act, 1956 |
| Purpose | To allow states to exercise powers over external territories |
| Nature | Temporary / Transitional |
| Relevance Today | None (historical interest only) |
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