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Article 388

Casual Vacancies in Provisional Legislatures (Omitted)

Official heading: “[Provisions as to the filling of casual vacancies in the provisional Parliament and provisional Legislatures of the States.]”

Historical / Omitted Provision

Article 388 laid down the rules for filling casual vacancies in the Provisional Parliament and provisional state assemblies between 1950 and 1952. It 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 bye-elections and vacancy filling in the Provisional Parliament and state assemblies during 1950–1952.
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 388, printed page 251
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AI-assisted source comparisons are noted with the citations below; the check date remains pending until a human confirms the link. The report link opens your email app; you choose whether to send it.

1. In One Sentence

Article 388 formerly governed vacancy filling in the Provisional Parliament, and was omitted in 1956.

2. What It Means in Everyday Language

Article 388 provided rules for filling vacant seats in the Constituent Assembly / Provisional Parliament before 1952.

Vacancies were filled through election by sitting state legislators or designated groups.

The article was omitted by the Seventh Amendment in 1956.

3. Practical Illustrative Example

Everyday Scenario:

In 1951, a member of the Provisional Parliament resigned, and the vacancy was filled under Article 388 procedures.

Core takeaway: Article 388 ensured the provisional legislature remained fully staffed.
Illustrative Notice: The article is omitted; parliamentary bye-elections are conducted under the Representation of the People Act, 1951.

4. Important Limits, Qualifications & Exceptions

Article 388 managed interim legislative vacancies.

  • Provisional legislature bye-elections: Maintained legislative representation during 1950–1952.
  • Omitted in 1956: Repealed by the Seventh Amendment.
  • Replaced by RPA 1951: Modern bye-elections follow statutory procedures.

5. Historical constitutional wording — not operative

[Provisions as to the filling of casual vacancies in the provisional Parliament and provisional Legislatures of the States.]—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 388, printed page 251 • 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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