Article 391 of the Costitution of India with Case law
Article 391 of the Constitution of India is part of Part XXI, which deals with “Temporary, Transitional and Special Provisions.” Here's the full text of Article 391 and an explanation, followed by relevant case law references.
📜 Article 391 – Power of the President to amend the First and the Fourth Schedules in relation to Jammu and Kashmir
“The President may by order made with the consent of the Government of the State of Jammu and Kashmir, amend the First Schedule and the Fourth Schedule to such extent as may be necessary to give effect to the provisions of any order made under article 370.”
✅ Explanation of Article 391:
This Article granted power to the President of India to amend:
First Schedule (which contains the list of States and Union Territories),
Fourth Schedule (which allocates seats in the Rajya Sabha),
But only in relation to Jammu and Kashmir.
The President could exercise this power only with the consent of the J&K State Government, and only to implement Article 370 provisions.
🔹 Context: Article 391 was framed to facilitate changes in the constitutional framework of India concerning Jammu & Kashmir without going through the regular constitutional amendment process.
⚖️ Case Law related to Article 391:
Although Article 391 itself is rarely the direct subject of litigation, it is closely linked with Article 370, and many cases have discussed the use of presidential powers in this context. A few important ones include:
1. Sampat Prakash v. State of Jammu & Kashmir, AIR 1970 SC 1118
Issue: Validity of continuance of Article 370 and its exercise.
Relevance: Though primarily on Article 370, the judgment upheld the use of Presidential Orders affecting the constitutional position of J&K, indirectly justifying actions under Article 391.
2. Mohd. Maqbool Damnoo v. State of J&K, (1972) 1 SCC 536
Issue: Substitution of "Sadar-i-Riyasat" with "Governor" through a Presidential Order.
Relevance: Demonstrated how the President amended constitutional provisions (First Schedule etc.) with J&K government consent, which would require Article 391 for changes to be reflected.
3. Prem Nath Kaul v. State of J&K, AIR 1959 SC 749
Issue: Scope of powers under Article 370.
Relevance: Court explained the relationship between the President and the J&K Government in amending constitutional provisions — Article 391 being the procedural power.
📌 Important Update (Post-2019):
After the abrogation of Article 370 in August 2019 through the Constitution (Application to Jammu and Kashmir) Order, 2019, the special powers under Article 391 ceased to be operational, because:
Article 370 was rendered inoperative, and
Jammu & Kashmir was reorganized into Union Territories.
✅ Summary:
| Element | Description |
|---|---|
| Article | 391 |
| Purpose | Allows President to amend First and Fourth Schedules in relation to J&K |
| Condition | Consent of J&K Government + under Article 370 |
| Status | Redundant after Article 370 abrogation in 2019 |
| Linked Cases | Sampat Prakash, Mohd. Maqbool Damnoo, Prem Nath Kaul |
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