Article 379 of the Costitution of India with Case law
Article 379 of the Constitution of India is a transitional provision included in Part XXI of the Constitution, which deals with temporary, transitional and special provisions. Since Article 379 is not applicable in the current governance framework and has since ceased to operate, it does not hold operational value today like other active articles (e.g., Article 14, 21, 32, etc.).
📜 Article 379 – Original Constitution Text (1950)
Article 379 was a transitional provision dealing with the continuance of the Constituent Assembly as the Provisional Parliament after the Constitution came into effect on 26 January 1950.
✅ Key Provisions (as per Article 379, Constitution of India 1950):
It provided that the Constituent Assembly of India would function as the Provisional Parliament of India.
The President would exercise all powers until the first general elections were held and the new Parliament was constituted.
It remained effective until the first Lok Sabha was elected in 1952.
⚖️ Current Status:
Article 379 has been repealed.
It was applicable only during the initial years of the Republic of India (1950–1952).
Not included in the updated list of articles as it no longer holds any functional role.
⚖️ Relevant Historical Context & Case References:
Since Article 379 was a transitional article (like Articles 380 to 391), it is not typically involved in modern litigation. However, it is of historical and constitutional development interest.
📘 Historical References and Commentary:
H. M. Seervai, in his Constitutional Law of India, notes the importance of such transitional provisions in enabling the smooth shift from colonial rule to republican governance.
The Constituent Assembly Debates (CAD) refer to Article 379 as part of the legal bridge between the Government of India Act, 1935, and the new Indian Constitution.
🧠 Why Article 379 is Important Historically:
| Purpose | Role |
|---|---|
| Transitional Governance | Helped India function legally between 1950–1952 before elected Parliament |
| Constituent Assembly Powers | Continued as legislative body temporarily |
| Enabled First General Elections | Provided constitutional legitimacy until Lok Sabha was elected |
🗓️ Repeal and Obsolescence:
First Lok Sabha elections: Held in 1951–52.
Constituent Assembly ceased functioning as Provisional Parliament thereafter.
Article 379 became redundant and is now considered spent.
❌ No Relevant Case Law in Current Jurisprudence:
Because Article 379 was:
Temporary
Non-justiciable
Repealed/obsolete
→ It has no case law references in current constitutional or administrative litigation.
✅ If you're studying this article for exams or historical understanding:
Remember: Article 379 is important for understanding the early structure of Indian parliamentary evolution, but has no current legal application.
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