Article 379 of Indian Constitution served as a critical pillar during India’s transition from colonial rule to a sovereign parliamentary democracy. Positioned under Part XXI – Temporary, Transitional, and Special Provisions – this article empowered the Constituent Assembly to act as the provisional Parliament until a fully functional, elected Parliament was established. It also made arrangements for the Speaker and Deputy Speaker, ensuring legislative leadership continuity .

What made Article 379 of Constitution of India vital was its role in laying the groundwork for democratic lawmaking during the country’s formative years . The Constitution (Seventh Amendment) Act, 1956, later omitted this article after India had firmly established its permanent parliamentary institutions.

This article explores the Article 379 of the Indian Constitution, its original language, significance, related cases, reasons for omission, and historical relevance. It also compares Article 379 and 380 of Indian Constitution, providing clarity on how these transitional provisions helped stabilize governance in the early years of the Republic.  Explore in-depth analysis of other Constitutional Articles.

Article 379 of Indian Constitution- Provisions as to provisional Parliament and the Speaker and Deputy Speaker thereof

Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956). 

(1) Until both Houses of Parliament have been duly constituted and summoned to meet for the first session under the provisions of this Constitution, the body functioning as the Constituent Assembly of the Dominion of India immediately before the commencement of this Constitution shall be the provisional Parliament and shall exercise all the powers and perform all the duties conferred by the provisions of this Constitution on Parliament.

⁠Explanation.—For the purposes of this clause, the Constituent Assembly of the Dominion of India includes—

(i) the members chosen to represent any State or other territory for which representation is provided under clause (2), and

(ii) the members chosen to fill casual vacancies in the said Assembly.

⁠(2) The President may by rules provide for—

(a) the representation in the provisional Parliament functioning under clause (1) of any State or other territory which was not represented in the Constituent Assembly of the Dominion of India immediately before the commencement of this Constitution,

(b) the manner in which the representatives of such States or other territories in the provisional Parliament shall be chosen, and

(c) the qualifications to be possessed by such representatives.

⁠(3) If a member of the Constituent Assembly of the Dominion of India was, on the sixth day of October, 1949, or thereafter at any time before the commencement of this Constitution, a member of a House of the Legislature of a Governor’s Province or of an Indian State corresponding to any State specified in Part B of the First Schedule or a Minister for any such State, then, as from the commencement of this Constitution the seat of such member in the Constituent Assembly shall, unless he has ceased to be a member of that Assembly earlier, become vacant and every such vacancy shall be deemed to be a casual vacancy.

⁠(4) Notwithstanding that any such vacancy in the Constituent Assembly of the Dominion of India as is mentioned in clause (3) has not occurred under that clause, steps may be taken before the commencement of this Constitution for the filling of such vacancy, but any person chosen before such commencement to fill the vacancy shall not be entitled to take his seat in the said Assembly until after the vacancy has so occurred.

⁠(5) Any person holding office immediately before the commencement of this Constitution as Speaker or Deputy Speaker of the Constituent Assembly when functioning as the Dominion Legislature under the Government of India Act, 1935, shall on such commencement be the Speaker or, as the case may be, the Deputy Speaker of the provisional Parliament functioning under clause (1).

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

Free Download 5 Key takeaways on Article 379 of Indian Constitution PDF

Under the Indian Constitution ,Article 379 of the Constitution of India was enacted to ensure legislative continuity until a democratically elected Parliament could be constituted. It made the Constituent Assembly the provisional Parliament, enabling it to pass laws, manage elections, and ensure the governance of the country during the transition .

The Speaker and Deputy Speaker of the Constituent Assembly automatically served as the Speaker and Deputy Speaker of this provisional body, maintaining leadership structure . The goal was to create a stable environment for the newly independent India avoiding any legal or administrative void .

Here are the key aspects of Article 379 before its omission:

• Provisional Parliament: Until the permanent Parliament was fully established, the Constituent Assembly carried out its legislative powers.
• Lawmaking: The provisional Parliament had full authority to enact laws, particularly for electoral processes and delimitation.
• Leadership Continuity: The Speaker and Deputy Speaker of the Constituent Assembly served the same roles in the provisional Parliament.
• Purpose: It ensured that India was never without a functioning legislature during the crucial transitional period.

Once India’s permanent Parliament was in place, this transitional role was no longer required, leading to the repeal of Article 379 of Constitution through the Seventh Amendment.

Article 379 of Indian Constitution: Landmark Cases 

Though Article 379 of the Indian Constitution was transitional and did not directly result in landmark cases it laid the groundwork for critical constitutional interpretations . Here are some important judgments tied indirectly to its legacy :

• In re Delhi Laws Act (1951) : This case emphasized the importance of legislative continuity, which Article 379 had guaranteed during India's early years.
• Kesavananda Bharati v. State of Kerala (1973): The famous judgment of Kesavananada on the basic structure doctrine built upon the stability and foundations laid during the provisional parliamentary period.
• State of Rajasthan v. Union of India (1977): This case dealt with federalism—a structure partly strengthened through transitional provisions like Art 379 .
• S.R. Bommai v. Union of India (1994) : This case of S.R.Bommai reinforced federal principles and legislative safeguards that owe some of their roots to the temporary governance mechanisms established post-independence .

Article 379 of the Indian Constitution was more than just a rule. It was vital for India's early survival after independence. This article let the Constituent Assembly act as the Parliament. It made sure the government kept working during the transition from British rule.

It kept the lawmaking process alive. Laws could still pass, elections could still be planned, and the new Republic stayed on track. The Speaker and Deputy Speaker stayed in charge, which helped keep order. This gave people trust in the new system.

Article 379 Constitution of India also became a model. Other countries used it as an example for managing big political changes. It helped include areas that didn’t yet have proper representation by allowing the President to step in.

Even though it was later removed, its role was huge. Without Article 379 of the Indian Constitution, India might have faced a legal crisis. It gave India a solid bridge between colonial rule and democracy.

Developments and Omission by the Seventh Amendment 

Over time, the necessity of Article 379 of the Constitution of India diminished as India matured into a full-fledged democracy. The provisional Parliament concluded its responsibilities once the permanent Lok Sabha and Rajya Sabha were in place.

With the first general elections in 1951–52, and the functioning of a duly elected Parliament, the transitional provisions had fulfilled their purpose. Recognizing this, lawmakers decided that the Constitution should be updated to reflect the new, permanent legislative reality .

Thus, Article 379 of the Indian Constitution, along with other temporary provisions, was formally removed by the Constitution (Seventh Amendment) Act, 1956 . This amendment also restructured state boundaries and representation marking a new phase in Indian federalism.

Here's a quick recap of why it was omitted :

• Permanent Parliament: Its establishment made transitional arrangements unnecessary .
• Redundancy : Article 379 had served its purpose .
• Constitutional Streamlining : The amendment modernized the Constitution to suit contemporary governance .

With its omission, Article 379 and 380 of Indian Constitution ceased to exist, but their contribution remains enshrined in India’s successful democratic evolution.

Conclusion

Article 379 of Indian Constitution symbolizes the legal foresight required to build a new nation. While it no longer exists in the text of the Constitution, its historical relevance is profound. It offered structure during uncertainty, bridging the colonial past and the democratic future.

The article allowed for immediate governance, elections preparation, and leadership continuity. It made sure that the legislative process never stopped. In doing so, it protected India’s emerging democratic character.

The Constitution (Seventh Amendment) Act, 1956, which formally removed Article 379 of Constitution, was a sign of India’s growth. It confirmed that the nation no longer needed temporary legislative frameworks and had transitioned to stable democratic institutions.

By studying Article 379 of the Indian Constitution, students, scholars, and civil service aspirants gain insight into how temporary laws can have permanent impacts. Transitional provisions like Article 379 and 380 of Indian Constitution were essential scaffolds that supported the Constitution’s final structure.

Though repealed, Article 379 Constitution of India remains a monument to thoughtful constitutional design, proving that even temporary provisions can lay the foundation for enduring democratic governance.