Article 405 of the Costitution of India with Case law
Article 405 of the Constitution of India is part of Part XX which contains Transitional Provisions relating to the States.
📜 Article 405 – Constitution of India
Text of Article 405:
"In this Part, unless the context otherwise requires, 'former Indian state' means a state specified in the First Schedule to the Constitution which immediately before the appointed day was not a Part B State."
🔍 Explanation:
Article 405 is a definition clause within Part XX (Transitional provisions).
It defines the term "former Indian state".
The "appointed day" refers to 26 January 1950, the day when the Constitution came into effect.
"Former Indian state" means those states listed in the First Schedule of the Constitution which were not Part B states before the Constitution started.
🧾 Context:
Before the Constitution came into effect, India had states classified as Part A, Part B, and Part C states.
This article helps in the interpretation of laws and provisions in Part XX by defining which states are "former Indian states".
It is used in various transitional provisions in the Constitution that relate to the reorganization or administration of these states.
⚖️ Relevant Case Law:
Because Article 405 is primarily a definitional and transitional provision, it rarely forms the primary basis for judgments but is sometimes referred to in cases involving:
Interpretation of state boundaries or state classification pre- and post-1950.
Transitional administrative or legal matters related to states.
Notable references:
State of Punjab v. State of Haryana, AIR 1967 SC 740
Though not directly citing Article 405, the Supreme Court dealt with issues relating to the classification and reorganization of states which indirectly relate to definitions like those in Article 405.
R.K. Jain v. Union of India, AIR 1977 SC 1363
The court discussed issues about classification of states and their legislative powers which rely on the framework including definitions like “former Indian state”.
🧠 Summary:
| Aspect | Description |
|---|---|
| Purpose | Definition of "former Indian state" for constitutional interpretation |
| Scope | Applies to states listed in First Schedule not classified as Part B states before 1950 |
| Use | Helps interpret transitional provisions related to states |
| Judicial Relevance | Rarely litigated directly but important for state-related constitutional cases |
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