Actual Article
Article 385: Provisions as to temporary President of the Legislative Council and Speaker of the Legislative Assembly
Until a person is chosen in accordance with the provisions of this Constitution to fill the office of President or Speaker of the Legislative Assembly of a State specified in Part B of the First Schedule, the duties of the office shall be performed by such person as the Governor may appoint for the purpose.
UPSC Notes for Article 385
Explanation:
- Temporary Appointment: Article 385 allows the Governor to appoint a temporary President of the Legislative Council and Speaker of the Legislative Assembly until the positions are filled according to the new Constitution.
- Governor’s Authority: Grants the Governor the power to ensure the smooth functioning of the legislative bodies by appointing temporary office holders.
Key Points:
- Continuity of Legislative Function: Ensures that legislative functions are not disrupted during the transition period by providing for temporary appointments.
- Governor’s Role: Highlights the Governor’s role in maintaining legislative order and functionality until permanent appointments are made.
- Transitional Provision: Part of the transitional provisions aimed at ensuring a smooth shift to the new constitutional framework.
Important Cases and Commissions Related to Article 385
Cases:
- No landmark Supreme Court cases specifically interpreting Article 385, as it primarily deals with temporary provisions for legislative positions.
Commissions:
- Various Administrative and Legislative Reforms Commissions: Have reviewed the implementation and impact of temporary appointments during the transition to the new constitutional framework.
Important Reports Related to Article 385:
- Reports by State Legislative Bodies: Discuss the historical context and necessity of temporary appointments to ensure legislative continuity during the transition period.
Previous Year Prelims Questions Related to Article 385
- What does Article 385 of the Indian Constitution provide for?
A. Establishment of new legislative bodies
B. Temporary appointments of President of the Legislative Council and Speaker of the Legislative Assembly
C. Powers of the President during an emergency
D. Special provisions for the financial administration of States Correct Answer: B. Temporary appointments of President of the Legislative Council and Speaker of the Legislative Assembly - Under Article 385, who has the authority to appoint a temporary President or Speaker until a permanent appointment is made?
A. The Prime Minister
B. The Chief Justice of India
C. The Governor
D. The President Correct Answer: C. The Governor - According to Article 385, until when can the Governor’s appointee serve as the temporary President or Speaker?
A. Until the next general election
B. Until the Governor decides otherwise
C. Until a person is chosen according to the provisions of the Constitution
D. For a maximum period of six months Correct Answer: C. Until a person is chosen according to the provisions of the Constitution
Previous Year Mains Questions Related to Article 385
- Discuss the significance of Article 385 in ensuring the continuity of legislative functions during the transition to the new constitutional framework. How does this provision contribute to legislative stability in the states specified in Part B of the First Schedule?
- Evaluate the role of the Governor under Article 385 in appointing temporary legislative leaders. How does this provision ensure a smooth transition and functioning of legislative bodies?
- Analyze the impact of Article 385 on the legislative framework of states specified in Part B of the First Schedule. How did this transitional provision facilitate the continuity of legislative operations during the constitutional transition?
Additional Insights:
- Legislative Stability: Article 385 plays a crucial role in maintaining legislative stability during the transition to the new constitutional framework by allowing for temporary appointments.
- Governor’s Authority: Highlights the significant role of the Governor in ensuring that legislative bodies continue to function effectively during the transition period.
- Transitional Provisions: Reflects the importance of having transitional provisions to manage the shift from the pre-constitutional legislative order to the new constitutional framework, ensuring continuity and consistency.
Understanding Article 385 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for maintaining legislative continuity and stability during the transition to the new constitutional framework. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring the effective functioning of legislative bodies within the Indian Constitution.