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THE CONSTITUTION OF INDIA

 

Part XXI.—Temporary and Transitional Provisions.—Arts. 378–392.

Provisions as to Public Service Commissions.

[]378. (I) The members of the Public Service Commission for the Dominion of India holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the Union and shall, not-withstanding anything in clauses (1) and (2) of article 316 but subject to the proviso the clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members.

(2) The members of a Public Service Commission of a Province or of a Public Service Commission serving the needs of a group of Provinces holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the corresponding State or the members of the Joint State Public Service Commission serving the needs of the corresponding States, as the case may be, and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members.

Special provision as to duration of Andhra Pradesh Legislative Assembly.

[[]378A. Notwithstanding anything contained in article 172. the Legislative Assembly of the State of Andhra Pradesh as constituted under the provisions of sections 28 and 29 of the States Reorganisation Act, 1956, shall, unless sooner dissolved, continue for a period of five years from the date referred to in the said section 29 and no longer and the expiration of the said period shall operate as a dissolution of that Legislative Assembly.]

379–391. Rep. by the Constitution (Seventh Amendment) Act. 1956, s. 29 and Sch.

Power of the President to remove difficulties.

[]392. (I) The President may, for the purpose of removing any difficulties, particularly in relation to the transition from the provisions of the Government of India Act, 1935, to the provisions of this Constitution, by order direct that this Constitution shall, during such period as may be specified in the order, have effect subject to such adaptations, whether by way of modification. addition or omission, as he may deem to be necessary or expedient:

Provided that no such order shall be made after the first meeting of Parliament duly constituted under Chapter II of Part V.

(2) Every order made under clause (1) shall be laid before Parliament.

(3) The powers conferred on the President by this article, by article 324, by clause (3) of article 367 and by article 391 shall,Nbefore the commencement of this Constitution, be exercisable

by the Governor-General of the Dominion of India.


  1. Art. 378 shall not apply to the state of Jammu and Kashmir.
  2. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 24.
  3. Art. 392 shall not apply to the State of Jammu and Kashmir.