Article 382 of the Costitution of India with Case law
Article 382 of the Constitution of India
Title: Provisions as to the President and the Governors of States in the Fifth Schedule
🔹 Text of Article 382 (as per the Constitution of India):
"The President may, by order, make such provision as he considers necessary respecting the discharge of the functions of the Governor of a State in any contingency not provided for in this Chapter."
This Article is part of Part XXI (Temporary, Transitional and Special Provisions) and is read in context with the Fifth Schedule, which deals with the administration and control of Scheduled Areas and Scheduled Tribes.
✅ Explanation:
Purpose: To empower the President of India to ensure the smooth functioning of governance in states, particularly in unforeseen situations related to the Governor's role in Scheduled Areas.
Application: This is a transitory and enabling provision, which was more relevant immediately after the commencement of the Constitution in 1950, especially when State structures were evolving.
Flexibility: Allows the President to handle administrative contingencies regarding Governors where the Constitution is silent.
📚 Contextual Background:
Article 382 is rarely invoked or referenced in modern governance.
It was included to bridge gaps in constitutional administration, particularly for tribal areas.
This article complements other provisions such as Articles 371 to 392, which contain special provisions for different regions or administrative conditions.
⚖️ Case Law Related to Article 382:
There are no major Supreme Court judgments directly interpreting or applying Article 382 due to its limited, transitional nature.
However, related jurisprudence about the powers of the President and functions of Governors in Scheduled Areas (under the Fifth Schedule) gives indirect relevance:
🔹 Samatha v. State of Andhra Pradesh (1997)
Issue: Whether private mining leases in Scheduled Areas are constitutionally valid.
Held: Tribal lands in Scheduled Areas cannot be transferred to non-tribals, including private companies.
Relevance: Clarified the constitutional intent of special governance in Scheduled Areas, where the Governor plays a central role (Article 244 & Fifth Schedule, indirectly linking to Article 382).
🔹 Hindustan Zinc Ltd. v. Adivasi Siksha Samiti (1999)
Issue: Land rights and transfer in tribal areas.
Held: Emphasized protection of tribal autonomy and the Governor’s special responsibilities.
Relevance: Illustrates the importance of flexible presidential authority in governance matters involving Governors in tribal regions (linked to the idea behind Article 382).
🧩 Summary Table:
| Feature | Description |
|---|---|
| Article | 382 |
| Purpose | Contingency provisions regarding Governors in Scheduled Areas |
| Who exercises power | President of India |
| Scope | Transitional/emergency administrative decisions |
| Linked with | Fifth Schedule, Article 244, and Governor’s powers |
| Modern use | Rarely invoked today; transitional in nature |
📌 Conclusion:
Article 382 serves as a constitutional safety valve for the President to manage unexpected administrative issues involving Governors in Scheduled Areas, as covered in the Fifth Schedule. While not frequently used today, it remains a valid part of India’s constitutional architecture designed to safeguard tribal governance and address unique administrative contingencies.
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