Actual Article
Article 390: Provisions as to the fiscal provisions in Part B States
Until other provision is made by Parliament by law, the President may by order make such provision as appears to him to be necessary or expedient for bringing the provisions of any law relating to the matters specified in the Union List into accord with the provisions of this Constitution, and any such order may provide for the repeal or amendment of any law or instrument having the force of law in the whole or any part of the territory of India to which the law applies.
UPSC Notes for Article 390
Explanation:
- Fiscal Provisions for Part B States: Article 390 empowers the President to make provisions to align existing laws related to matters in the Union List with the new Constitution.
- Temporary Authority: The President can repeal or amend any law or instrument until Parliament enacts new legislation.
- Alignment with Constitution: Ensures that laws concerning fiscal matters in Part B States are consistent with the new constitutional framework.
Key Points:
- Legal Continuity: Provides a mechanism for the President to ensure continuity and alignment of existing laws with the Constitution.
- Temporary Measure: This power is temporary and will last until Parliament enacts the necessary laws.
- Broad Authority: Allows for the repeal or amendment of any law or instrument to ensure consistency with the Constitution.
Important Cases and Commissions Related to Article 390
Cases:
- No landmark Supreme Court cases specifically interpreting Article 390, as it deals primarily with transitional fiscal provisions.
Commissions:
- Various Finance and Law Commissions: Have reviewed the alignment and adaptation of fiscal laws during the transition to the new constitutional framework.
Important Reports Related to Article 390:
- Reports by Finance Ministry and Law Commission: Discuss the historical context and implications of aligning fiscal laws with the new constitutional framework.
Previous Year Prelims Questions Related to Article 390
- What does Article 390 of the Indian Constitution provide for?
A. Establishment of new fiscal laws
B. Alignment of existing fiscal laws with the new Constitution
C. Powers of the President during an emergency
D. Special provisions for the financial administration of States Correct Answer: B. Alignment of existing fiscal laws with the new Constitution - Under Article 390, who has the authority to make provisions for bringing existing laws into accord with the Constitution?
A. The Prime Minister
B. The Chief Justice of India
C. The President
D. The Parliament Correct Answer: C. The President - According to Article 390, until when does the President have the authority to repeal or amend laws related to matters in the Union List?
A. Indefinitely
B. Until Parliament makes other provisions by law
C. For a maximum period of five years
D. Until the next general election Correct Answer: B. Until Parliament makes other provisions by law
Previous Year Mains Questions Related to Article 390
- Discuss the significance of Article 390 in ensuring the alignment of existing fiscal laws with the new constitutional framework. How does this provision contribute to financial stability in Part B States?
- Evaluate the role of the President under Article 390 in adapting and modifying fiscal laws. How does this provision ensure a smooth transition and consistency in the application of fiscal laws?
- Analyze the impact of Article 390 on the financial administration of Part B States. How did this transitional provision facilitate the continuity and adaptation of fiscal laws during the constitutional transition?
Additional Insights:
- Financial Stability: Article 390 plays a crucial role in maintaining financial stability during the transition to the new constitutional framework by ensuring that existing fiscal laws are aligned with the Constitution.
- Presidential Authority: Highlights the central role of the President in managing the fiscal transition period, ensuring that necessary legal modifications are made to align with the new constitutional order.
- Transitional Provisions: Reflects the importance of having transitional provisions to manage the shift from the pre-constitutional fiscal order to the new constitutional framework, ensuring continuity and consistency in financial administration.
Understanding Article 390 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for maintaining financial stability and continuity 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 alignment and application of fiscal laws within the Indian Constitution.