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Article 381

Provisional Council of Ministers of the President (Omitted)

Official heading: “[Council of Ministers of the President.]”

Historical / Omitted Provision

Article 381 provided that persons holding office as ministers for the Dominion of India immediately before commencement would become members of the Council of Ministers of the President on 26 January 1950. With the election of the first Lok Sabha and appointment of a new Council of Ministers under Article 75 in 1952, the transitional provision was 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. Governed the continuation of Prime Minister Jawaharlal Nehru’s interim Council of Ministers from 26 January 1950 until the first general election in 1952.
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 381, printed page 250
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Not yet checked
Last human legal review
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1. In One Sentence

Article 381 formerly continued the interim Council of Ministers under Prime Minister Nehru in 1950, and was omitted in 1956.

2. What It Means in Everyday Language

Article 381 provided executive continuity on Republic Day.

It ensured that Prime Minister Jawaharlal Nehru and his cabinet colleagues transitioned automatically from the Dominion executive into the President’s constitutional Council of Ministers.

Once general elections were completed in 1952, Article 75 governed all ministerial appointments, and Article 381 was omitted by the Seventh Amendment in 1956.

3. Practical Illustrative Example

Everyday Scenario:

On 26 January 1950, the sitting cabinet continued governing without requiring new ministerial elections.

Core takeaway: Article 381 avoided an executive vacuum during the birth of the Republic.
Illustrative Notice: The provision is omitted; cabinet appointments are made under Article 75.

4. Important Limits, Qualifications & Exceptions

Article 381 maintained executive government continuity in 1950.

  • Interim cabinet continuity: Dominion cabinet became the President’s Council of Ministers.
  • Precursor to Article 75: Operated until the first elected government in 1952.
  • Omitted in 1956: Repealed by the Seventh Amendment.

5. Historical constitutional wording — not operative

[Council of Ministers of the President.]—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 381, 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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