Article 378 of the Costitution of India with Case law
📘 Article 378 of the Constitution of India – Provisions as to the Public Service Commissions
🔹 Text of Article 378 (Original and Transitional in Nature):
Article 378 was a transitional provision in the original Constitution, dealing with the continuance of Public Service Commissions (like UPSC and State PSCs) that existed before the commencement of the Constitution on 26 January 1950.
🧾 Full Summary of Article 378 (Before Repeal):
Continuance of Existing PSCs:
Any Public Service Commission existing at the commencement of the Constitution would continue to function as if the Constitution had not come into force, until new commissions were constituted.
Provisional Continuance of Chairman/Members:
The Chairman and Members of these commissions would continue to hold office as per their original terms unless removed under the Constitution.
Power of President:
The President could make provisions for anything necessary for the transition from old to new constitutional arrangements for the PSCs.
⚠️ Status: Article 378 is Now Repealed
Repealed by: 7th Amendment Act, 1956
Reason: Once the initial transition was complete, Article 378 became redundant and was deleted.
⚖️ Relevant Case Law & Commentary:
While Article 378 itself has not been the subject of direct litigation due to its temporary and administrative nature, there are cases that provide context to its purpose and transition:
🔹 1. Hari Datt Kainthla v. Union of India, AIR 1969 SC 1384
Context: Service commission appointments and their continuity.
The court referred to the transitional nature of certain provisions including Articles 378 and 379, explaining how existing commissions were to be retained until fresh constitutional arrangements were made.
🔹 2. Dr. N.C. Jain v. Union of India, AIR 1970 SC 1120
Though not about Article 378 directly, it examined recruitment procedures post-1950, shedding light on how pre-Constitutional mechanisms transitioned to those under the Constitution, backed by provisions like Article 378.
🔹 3. Commentary – D.D. Basu & M.P. Jain:
Scholars regard Article 378 as necessary for administrative continuity when India switched from British governance to a republican Constitution.
Significance lies in history, not current law.
📜 Purpose of Article 378:
Avoid disruption of public administration post-1947.
Retain functioning of British-era PSCs temporarily.
Provide a legal bridge until new commissions were set up under Articles 315–323.
📝 Key Takeaways:
| Feature | Description |
|---|---|
| Nature | Transitional (not permanent) |
| Purpose | Continuation of existing PSCs and their members |
| Applies to | UPSC, State PSCs before 26 Jan 1950 |
| Current Status | Repealed by 7th Amendment (1956) |
| Importance | Historical – ensured smooth governance transition |
🔎 Related Articles:
Article 315 – Public Service Commissions for Union and States
Article 316 – Appointment and tenure of members
Article 378A – (Inserted later for Goa, Daman and Diu transition)
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