Article 383 of the Costitution of India with Case law
🇮🇳 Article 383 of the Constitution of India
Subject: Provisions as to the President of India during the transitional period after commencement of the Constitution
🔹 Bare Text of Article 383:
Article 383 (Transitional Provisions as to the President of India)
Until a President is chosen in accordance with the provisions of this Constitution, the Governor-General of the Dominion of India exercising the functions of the President shall have all the powers and immunities of the President under this Constitution and be subject to the like responsibilities.
🧩 Explanation:
Article 383 was a transitional provision under Part XXI of the Constitution (Temporary, Transitional and Special Provisions). It was relevant only at the time of the commencement of the Constitution on 26 January 1950.
| Feature | Description |
|---|---|
| Purpose | To ensure continuity of governance during the shift from colonial rule to republican form of government. |
| Who held the role | C. Rajagopalachari, then Governor-General of India, temporarily assumed powers of the President. |
| Time period | From 26 January 1950 till Dr. Rajendra Prasad was elected as the first President of India (January 1950). |
After the first President took office, this Article became obsolete.
🧑⚖️ Case Law Involving Article 383:
There are no major judicial pronouncements directly on Article 383, as it was a temporary provision applicable only once in history during the transition in 1950.
However, it is historically significant in understanding:
The legal continuity between the British Dominion of India and the Republic of India.
The role of the Governor-General in the interim phase.
🧭 Related Provisions:
| Article | Subject |
|---|---|
| Article 394 | Commencement of the Constitution |
| Article 379–391 | Transitional provisions (e.g., for judiciary, Parliament, services) |
| Article 52 | Office of the President of India |
| Article 324 | Election procedure (applicable for President later) |
✅ Conclusion:
Article 383 was a one-time transitional clause that allowed the Governor-General to act as the interim President of India until the new constitutional President was elected. It is no longer in operation and holds historical importance only.
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