Actual Article
Article 405: [Provisions as to continuance of existing laws and their adaptation]
This Article has been omitted.
UPSC Notes for Article 405
Explanation:
- Omission: Article 405, which originally provided provisions related to the continuance of existing laws and their adaptation, has been omitted from the Constitution.
Key Points:
- Historical Context: Initially intended to address the continuation and adaptation of existing laws during the transition to the new constitutional framework.
- Current Status: The article has been omitted and does not have any legal effect.
Important Cases and Commissions Related to Article 405
Cases:
- No landmark Supreme Court cases specifically interpreting Article 405, as it has been omitted from the Constitution.
Commissions:
- No specific commissions have reviewed Article 405 due to its omission.
Important Reports Related to Article 405:
- No specific reports are relevant to Article 405 because it has been omitted.
Previous Year Prelims Questions Related to Article 405
- What does Article 405 of the Indian Constitution provide for?
A. Establishment of new constitutional bodies
B. Provisions as to continuance of existing laws and their adaptation
C. Powers of the President during an emergency
D. This article has been omitted Correct Answer: D. This article has been omitted - Why was Article 405 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 405
- Discuss the significance of omitting Article 405 from the Indian Constitution. How does the omission of certain articles reflect the evolving nature of constitutional law?
- Evaluate the impact of omitting transitional provisions like Article 405 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 405 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 pre-constitutional laws and frameworks to the new constitutional order. As these provisions outlived their usefulness, they were omitted for clarity.
Understanding Article 405, 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.