Article 398 of the Costitution of India with Case law
Article 398 of the Constitution of India has been omitted from the Constitution.
🔹 Original Provision (Before Omission):
Article 398 was part of the original Constitution and was located in Part XXI – Temporary, Transitional and Special Provisions. It provided for provisions as to the Council of States and House of the People until Parliament by law otherwise provides.
🔹 Repeal of Article 398:
Repealed by: The Constitution (Seventh Amendment) Act, 1956
Date of Effect: 1st November 1956
This amendment reorganized the States and abolished some temporary provisions, including Article 398, which had become redundant with the restructuring of legislative bodies under new laws passed by Parliament.
🔍 Explanation:
Article 398 was a transitory provision, giving the President power to make adaptations and modifications in laws regarding the composition of the Parliament, particularly the Council of States (Rajya Sabha) and House of the People (Lok Sabha), until Parliament enacted laws under the Constitution.
Once the new electoral laws and delimitations were in place through legislation like the Representation of the People Act, Article 398 had served its purpose.
⚖️ Relevant Case Law:
Since Article 398 was a transitional article and is no longer in force, there are no contemporary landmark cases specifically interpreting this article. However, references to it may be found in judgments discussing the Seventh Amendment or the reorganization of states.
📝 Summary:
| Feature | Details |
|---|---|
| Article | 398 |
| Topic | Provisions as to Rajya Sabha and Lok Sabha till Parliament otherwise provides |
| Status | Omitted |
| Repealed by | 7th Constitutional Amendment Act, 1956 |
| Purpose | Transitional provision for representation in Parliament |
| Current Relevance | Not applicable (repealed) |
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