Actual Article
Article 391: Power of the President to amend the First and Fourth Schedules in certain contingencies
(1) The President may by order make such adaptations and modifications of the First Schedule and the Fourth Schedule as appear to him to be necessary or expedient.
(2) Any such adaptation or modification of the First Schedule or the Fourth Schedule shall have effect from such date as may be specified in the order and shall, if the order so directs, be deemed to have had effect from the commencement of this Constitution.
(3) No such order shall be made after the expiration of three years from the commencement of this Constitution.
(4) Every such order shall be laid before Parliament.
UPSC Notes for Article 391
Explanation:
- Adaptation and Modification: Article 391 empowers the President to make adaptations and modifications to the First Schedule and Fourth Schedule of the Constitution as necessary or expedient.
- Effective Dates: These modifications can have an effect from a specified date and can be retroactive to the commencement of the Constitution if so directed.
- Time Limit: The President’s power to make these modifications is limited to three years from the commencement of the Constitution.
- Parliamentary Oversight: Any order made under this article must be laid before Parliament.
Key Points:
- Presidential Authority: Allows the President to ensure that the Schedules of the Constitution are kept up-to-date and consistent with constitutional requirements during the early years of the Constitution.
- Retroactive Modifications: Provides the flexibility to make changes retroactively to address any issues that might arise from the commencement of the Constitution.
- Time-Bound Power: Limits the President’s power to a three-year period, ensuring that long-term modifications are handled by Parliament.
- Parliamentary Oversight: Ensures that any modifications made by the President are subject to review by Parliament.
Important Cases and Commissions Related to Article 391
Cases:
- No landmark Supreme Court cases specifically interpreting Article 391, as it primarily deals with transitional provisions for the adaptation of Schedules.
Commissions:
- Various Law and Constitutional Commissions: Have reviewed the adaptation and modification of constitutional schedules during the transition to the new constitutional framework.
Important Reports Related to Article 391:
- Reports by Law Commission: Discuss the historical context and necessity of adapting the First and Fourth Schedules to ensure consistency with the new Constitution.
Previous Year Prelims Questions Related to Article 391
- What does Article 391 of the Indian Constitution provide for?
A. Establishment of new schedules
B. Adaptation and modification of the First and Fourth Schedules by the President
C. Powers of the President during an emergency
D. Special provisions for the financial administration of States Correct Answer: B. Adaptation and modification of the First and Fourth Schedules by the President - Under Article 391, how long does the President have the power to make adaptations and modifications to the First and Fourth Schedules?
A. Indefinitely
B. Until Parliament makes other provisions by law
C. For three years from the commencement of the Constitution
D. Until the next general election Correct Answer: C. For three years from the commencement of the Constitution - According to Article 391, where must the orders made by the President be laid?
A. Before the Supreme Court
B. Before the High Courts
C. Before Parliament
D. Before the Council of Ministers Correct Answer: C. Before Parliament
Previous Year Mains Questions Related to Article 391
- Discuss the significance of Article 391 in ensuring the consistency and adaptability of the constitutional schedules during the transition to the new constitutional framework. How does this provision contribute to constitutional stability in India?
- Evaluate the role of the President under Article 391 in adapting and modifying the First and Fourth Schedules. How does this provision ensure flexibility and responsiveness to emerging needs during the early years of the Constitution?
- Analyze the impact of Article 391 on the constitutional framework of India. How did this transitional provision facilitate the effective integration and modification of the First and Fourth Schedules during the establishment of the new constitutional order?
Additional Insights:
- Constitutional Stability: Article 391 plays a crucial role in maintaining constitutional stability during the early years of the new constitutional framework by allowing necessary adaptations to the First and Fourth Schedules.
- Flexibility and Responsiveness: Ensures that the Constitution remains responsive to emerging needs and issues during the initial period of its implementation.
- Parliamentary Oversight: By requiring that all orders be laid before Parliament, the article ensures that modifications are subject to legislative review, maintaining a balance of power.
Understanding Article 391 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for maintaining the adaptability and stability of the constitutional schedules 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 modification and integration of constitutional provisions within the Indian Constitution.