Actual Article
Article 381: Provisions as to Indian States
The provisions of Articles 238, 378, and 379 shall apply in relation to the Indian States which were specified in Part B of the First Schedule as they apply in relation to other Indian States.
UPSC Notes for Article 381
Explanation:
- Application of Specific Articles: Article 381 extends the application of Articles 238, 378, and 379 to Indian States that were specified in Part B of the First Schedule.
- Uniformity in Legal Provisions: Ensures that the legal provisions applicable to other Indian States are uniformly applied to the Indian States specified in Part B of the First Schedule.
Key Points:
- Uniform Legal Framework: Maintains a consistent legal framework across different categories of Indian States, ensuring uniformity in the application of constitutional provisions.
- Extension of Specific Articles: Articles 238 (related to administration of Part B States), 378 (related to Public Service Commissions), and 379 (related to transfer of pending cases) are extended to Part B States.
Important Cases and Commissions Related to Article 381
Cases:
- No landmark Supreme Court cases specifically interpreting Article 381, as it primarily deals with the extension of specific constitutional provisions to Part B States.
Commissions:
- Various Administrative and Judicial Commissions: Have reviewed the integration and uniform application of constitutional provisions across different categories of Indian States.
Important Reports Related to Article 381:
- Law Commission Reports: Discuss the historical context and implications of extending specific constitutional provisions to Part B States, ensuring a uniform legal framework.
Previous Year Prelims Questions Related to Article 381
- What does Article 381 of the Indian Constitution provide for?
A. Establishment of new States in India
B. Application of specific Articles to Part B States
C. Powers of the President during an emergency
D. Special provisions for the financial administration of States Correct Answer: B. Application of specific Articles to Part B States - Under Article 381, which Articles are extended to Indian States specified in Part B of the First Schedule?
A. Articles 230, 240, and 250
B. Articles 238, 378, and 379
C. Articles 300, 310, and 320
D. Articles 340, 350, and 360 Correct Answer: B. Articles 238, 378, and 379 - According to Article 381, why are specific Articles extended to Part B States?
A. To ensure uniform financial administration
B. To maintain a consistent legal framework across Indian States
C. To establish new judicial authorities
D. To grant special powers to the Governor Correct Answer: B. To maintain a consistent legal framework across Indian States
Previous Year Mains Questions Related to Article 381
- Discuss the significance of Article 381 in ensuring a uniform legal framework across different categories of Indian States. How does this provision contribute to the stability and consistency of constitutional provisions in India?
- Evaluate the role of Article 381 in extending specific constitutional provisions to Part B States. How does this provision ensure the integration and uniform application of legal provisions across the Indian States?
- Analyze the impact of Article 381 on the administration and judicial processes in Part B States. How did this transitional provision facilitate the application of constitutional provisions to these states?
Additional Insights:
- Legal Uniformity: Article 381 ensures that Part B States are subject to the same legal provisions as other Indian States, promoting uniformity in the application of the Constitution.
- Historical Integration: Reflects the integration of various categories of states into a cohesive legal framework under the new constitutional order.
- Consistency in Governance: By extending specific Articles, Article 381 contributes to consistent governance and judicial processes across different regions of India.
Understanding Article 381 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for maintaining uniformity and consistency in the application of legal provisions across different categories of Indian States. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring the effective functioning of governance and judiciary within the Indian Constitution.