Article 380 of the Costitution of India with Case law
🔷 Article 380 of the Constitution of India – Provisions as to the Electoral Rolls for the First General Elections (Repealed)
📜 Original Text of Article 380 (Before Repeal):
"Until the House of the People and the Legislative Assemblies of States specified in Part A and Part B of the First Schedule are duly constituted under the provisions of this Constitution, the President may, after consultation with the Election Commission, by order direct that, subject to such adaptations, whether by way of modification, addition or omission, as he may deem necessary, the electoral rolls for the purpose of elections to the legislatures of the corresponding Provinces or Indian States as existing before the commencement of this Constitution shall be the electoral rolls for the purpose of elections to the House of the People and to the Legislative Assemblies of the States."
⚖️ Nature of the Article:
Transitional provision: It was meant only for the first general elections in India after the adoption of the Constitution (1951–52).
Enabled the use of existing provincial/state electoral rolls (with necessary modifications) until the new legislatures were constituted.
❌ Repeal Information:
Article 380 was repealed by the Constitution (Seventh Amendment) Act, 1956.
Effective from: 1st November 1956.
The repeal reflected the completion of the first elections and the needless nature of the provision thereafter.
⚖️ Case Law:
As this article was a temporary provision, there are no landmark Supreme Court judgments based specifically on it. However, the legal basis for the 1951–52 elections rested partly on this article, ensuring the legitimacy of the first Parliament and State Assemblies.
📌 Summary Table:
| Feature | Details |
|---|---|
| Article | 380 |
| Subject | Use of old electoral rolls for first general elections |
| Purpose | Transitional — until legislatures were constituted post-1950 |
| Status | Repealed by 7th Amendment Act, 1956 |
| Present Relevance | None (historical interest only) |
| Connected To | Article 324 (Election Commission), First Schedule, and early electoral law |
📚 Contextual Background:
After the adoption of the Constitution on 26 January 1950, India prepared for its first democratic general election (held in 1951–52).
The electoral infrastructure was still being built; Article 380 provided legal continuity by allowing pre-existing rolls (with necessary modifications).
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