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Article 379

Provisional Parliament of India (Omitted)

Official heading: “[Provisions as to provisional Parliament and the Speaker and Deputy Speaker thereof.]”

Historical / Omitted Provision

At constitutional commencement in 1950, general elections had not yet occurred. Article 379 designated the body functioning as the Constituent Assembly of the Dominion of India immediately before commencement to be the Provisional Parliament of India, exercising all powers conferred on Parliament until both Houses were duly constituted. Following the first general elections and the establishment of the Lok Sabha and Rajya Sabha in May 1952, the transitional provisional parliament provisions became obsolete and were omitted by the Seventh Amendment in 1956.

Amendment: Constitution (Seventh Amendment) Act, 1956 (s. 29 and Sch.)Effective Date: 01-11-1956Modern Constitutional Status: Omitted from the operative Constitution. The Constituent Assembly functioned as the Provisional Parliament from 26 January 1950 until the first bicameral Parliament was elected in the 1951–1952 general elections.
Check this article against the official editionAwaiting human legal review
Source edition
The Constitution of India (as on 1 May 2026)
Source locator
Part XXI, Article 379, printed page 250
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1. In One Sentence

Article 379 formerly designated the Constituent Assembly as the Provisional Parliament, and was omitted in 1956 after general elections.

2. What It Means in Everyday Language

Between 26 January 1950 and May 1952, India was governed by a single-chamber "Provisional Parliament", which was the Constituent Assembly acting in a legislative capacity.

Article 379 authorized this Provisional Parliament to pass laws, enact the First Constitutional Amendment (1951), and oversee national governance until democratic general elections were conducted.

Once the first elected Parliament (Lok Sabha and Rajya Sabha) took office in 1952, the provision served its purpose and was omitted by the Seventh Amendment in 1956.

3. Practical Illustrative Example

Everyday Scenario:

In 1951, the Provisional Parliament enacted the Representation of the People Act, 1951 to organize India’s first general elections.

Core takeaway: Article 379 provided legal authority for parliament to govern before the first national democratic vote.
Illustrative Notice: The article stands omitted; Parliament is now constituted strictly under Articles 79, 80, and 81.

4. Important Limits, Qualifications & Exceptions

Article 379 managed the supreme legislative transition between 1950 and 1952.

  • Provisional Parliament role: Constituent Assembly functioned as the sovereign unicameral legislature.
  • Omitted in 1956: Repealed by section 29 and the Schedule of the Seventh Amendment.
  • Enacted First Amendment: The Provisional Parliament validly enacted the First Constitutional Amendment in 1951 (upheld in Shankari Prasad).

5. Historical constitutional wording — not operative

[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).
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Government of India (Legislative Department, Ministry of Law and Justice) • Part XXI, Article 379, printed page 250 • Human source-link check pending

    Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

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