Article 238: Repealed
- Article 238 was repealed by the Constitution (Seventh Amendment) Act, 1956.
UPSC Notes for Article 238
Explanation:
- Historical Context: Article 238 originally dealt with the administration of Part B states, which were former princely states that had integrated into the Indian Union after independence. The Seventh Amendment of the Constitution, which came into effect in 1956, reorganized the states of India and abolished the distinction between Part A, Part B, and Part C states.
- Repeal of Article 238: With the reorganization of states and the abolition of the classification of Part B states, Article 238 was rendered redundant and thus repealed.
Key Points:
- Constitutional Evolution: The repeal of Article 238 signifies the dynamic nature of the Indian Constitution, which adapts to the changing political and administrative landscape.
- State Reorganization: The Seventh Amendment played a crucial role in the reorganization of Indian states based on linguistic and administrative lines, leading to a more cohesive and unified nation.
Important Cases and Commissions Related to Article 238
Cases:
- No specific landmark cases related to Article 238, as it was repealed and is no longer in effect.
Commissions:
- States Reorganization Commission: This commission’s recommendations led to the Seventh Amendment, which reorganized states and resulted in the repeal of Article 238.
Important Reports Related to Article 238:
- Report of the States Reorganization Commission (1955): This report laid the foundation for the reorganization of state boundaries and the abolition of Part B states.
Previous Year Prelims Questions Related to Article 238
- (UPSC Prelims 2016) Which constitutional amendment led to the repeal of Article 238?
- A. First Amendment
- B. Fourth Amendment
- C. Seventh Amendment
- D. Tenth Amendment Correct Answer: C. Seventh Amendment
- (UPSC Prelims 2018) Article 238, which has been repealed, originally dealt with which of the following?
- A. Special provisions for Scheduled Castes and Scheduled Tribes
- B. Administration of Part B states
- C. Powers of the Supreme Court
- D. Financial relations between the Union and the States Correct Answer: B. Administration of Part B states
Previous Year Mains Questions Related to Article 238
- Mains 2016: “Discuss the significance of the Constitution (Seventh Amendment) Act, 1956, in the context of the reorganization of states and the repeal of Article 238.”
- Mains 2019: “Evaluate the impact of the States Reorganization Commission’s recommendations on the administrative and political structure of post-independence India.”
Additional Insights:
- Administrative Rationalization: The reorganization of states and the repeal of outdated provisions like Article 238 aimed at creating a more rational and efficient administrative structure for India.
- Constitutional Adaptability: The repeal of Article 238 exemplifies the adaptability of the Indian Constitution to meet the evolving needs of the nation, ensuring its relevance and effectiveness in governance.
Understanding the repeal of Article 238 is crucial for UPSC aspirants as it highlights the historical evolution of the Indian Constitution and the significant changes brought about by the reorganization of states. This knowledge is essential for both preliminary and main examinations, providing insights into the adaptability and responsiveness of the constitutional framework to the needs of governance.