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Home » Article 396 of the Indian Constitution: UPSC 2025 Notes

Article 396 of the Indian Constitution: UPSC 2025 Notes

Actual Article

Article 396: [Provisions as to certain proceedings under the Government of India Act, 1935]

This Article has been omitted.


UPSC Notes for Article 396

Explanation:

  • Omission: Article 396, which originally provided provisions as to certain proceedings under the Government of India Act, 1935, has been omitted from the Constitution.

Key Points:

  • Historical Context: Originally intended to address transitional provisions related to proceedings under the Government of India Act, 1935.
  • Current Status: The article has been omitted and does not have any legal effect.

Important Cases and Commissions Related to Article 396

Cases:

  • No landmark Supreme Court cases specifically interpreting Article 396, as it has been omitted from the Constitution.

Commissions:

  • No specific commissions have reviewed Article 396 due to its omission.

Important Reports Related to Article 396:

  • No specific reports are relevant to Article 396 because it has been omitted.

Previous Year Prelims Questions Related to Article 396

  1. What does Article 396 of the Indian Constitution provide for?
    A. Establishment of new constitutional bodies
    B. Provisions as to certain proceedings under the Government of India Act, 1935
    C. Powers of the President during an emergency
    D. This article has been omitted Correct Answer: D. This article has been omitted
  2. Why was Article 396 omitted from the Indian Constitution?
    A. It was deemed redundant after the full implementation of the Constitution
    B. It was never included in the original Constitution
    C. It was replaced by a new article
    D. It dealt with temporary provisions no longer needed Correct Answer: A. It was deemed redundant after the full implementation of the Constitution

Previous Year Mains Questions Related to Article 396

  1. Discuss the significance of omitting Article 396 from the Indian Constitution. How does the omission of certain articles reflect the evolving nature of constitutional law?
  2. Evaluate the impact of omitting transitional provisions like Article 396 on the legal and constitutional framework of India. How does this process contribute to the clarity and efficiency of the Constitution?

Additional Insights:

  • Constitutional Evolution: The omission of Article 396 reflects the dynamic and evolving nature of constitutional law, where certain provisions become redundant over time.
  • Transitional Provisions: Initially, many transitional provisions were included to facilitate the shift from colonial laws to the new constitutional framework. As these provisions outlived their usefulness, they were omitted for clarity.

Understanding Article 396, despite its omission, is crucial for UPSC aspirants as it provides insights into the transitional provisions and the evolving nature of the Constitution. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of how the Indian Constitution adapts and changes over time.

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