Article 389 of the Costitution of India with Case law
Article 389 of the Constitution of India
Title: Provisions as to the Special Committee for Recommendations in regard to the Constitution
⚠️ Note:
Article 389 is a transitory provision, which was relevant only during the framing and immediate implementation of the Constitution of India in 1950. It no longer holds operational significance today and is primarily of historical value.
🧾 Text Summary of Article 389:
Clause (1):
After the commencement of the Constitution, the President could appoint a Special Committee consisting of members from both Houses of Parliament to report on necessary constitutional or legal changes based on the functioning of the Constitution.
Clause (2):
The President could also direct any authority to carry out investigations or prepare drafts, to help the Special Committee in its task.
Clause (3):
This Committee would make recommendations to the President, who could then lay them before Parliament.
🏛️ Purpose of Article 389:
It was intended as a post-implementation review mechanism.
Allowed the early Parliament and the President to adjust the Constitution as necessary based on experience during its initial years.
⚖️ Case Law:
There are no major Supreme Court cases directly interpreting or applying Article 389, because:
It was transitory, not meant for long-term governance.
It was used in the early 1950s, if at all.
Today, constitutional amendments under Article 368 are the legal route for modifying the Constitution.
🧠 Related Articles:
| Article | Subject |
|---|---|
| Article 388 | Provisions regarding financial and administrative transition |
| Article 390 | Continuance of certain financial arrangements |
| Article 368 | Power to amend the Constitution |
✅ Conclusion:
Article 389 was a temporary measure designed to enable the President and early Parliament to review and suggest changes in the Constitution after its commencement in 1950.
It holds no present-day relevance in India’s constitutional functioning.
Any changes to the Constitution now take place through the amendment procedure under Article 368.
RELATED Blog
0 comments