Introduction
The Constitution of India contains numerous articles that define the powers, duties, and structure of the Indian government. Among these, some articles have become obsolete or were never put into effect. One such provision is Article 448. If you’re a law student, civil services aspirant, or a curious citizen, this blog will help you understand what Article 448 is, what it was meant to cover, and why it has no current legal application.
What Does Article 448 Say?
Article 448 was originally introduced as a transitional provision. The exact text of Article 448 reads:
“Notwithstanding anything in this Constitution, the President may, by public notification, make such adaptations and modifications of this Constitution as may appear to him to be necessary or expedient for bringing the provisions of this Constitution into effective operation.”
This Article gave power to the President of India to make necessary changes to the Constitution during the early days after its adoption.
Is Article 448 Still in Force?
No. Article 448 was repealed by the Constitution (Seventh Amendment) Act, 1956. It was part of the transitional provisions that were relevant only during the initial implementation phase of the Constitution in 1950. Since the Constitution had stabilized, the Article was no longer necessary and thus removed.
Why Was Article 448 Important?
- Transitional Flexibility: Allowed the President to ensure smooth implementation of constitutional provisions.
- Adaptation to Reality: Provided legal room to adjust to practical challenges during the early years of the Republic.
- Time-Limited Scope: It was not meant to be a permanent power, only a transitional one.
Repeal of Article 448
When the Seventh Amendment of 1956 came into force, several transitional provisions including Article 448 were removed to clean up the Constitution. By that time, the Constitution was functioning well, and emergency transitional powers were no longer needed.
Key Point: Article 448 Has No Current Legal Standing
Since it is repealed, Article 448 is now a part of constitutional history. It has no current legal bearing and is not enforceable in any court. It remains an important subject of study for those looking to understand the evolution of India’s legal and constitutional framework.
FAQs About Article 448
Is Article 448 used in modern governance?
No, it was repealed in 1956 and has not been used since.
Can the President still modify the Constitution today?
No, any modification must go through the formal constitutional amendment process under Article 368.
Why do students still study Article 448?
Understanding Article 448 is crucial for grasping how the Constitution transitioned from theory to practice in its early years.
Conclusion
Article 448 of the Indian Constitution served a very specific purpose during the nation’s formative years. Though it is no longer in force, its historical significance remains valuable. It teaches us how India’s founders built a flexible structure to adapt and stabilize the country’s democratic system.
If you’re preparing for UPSC, judiciary exams, or simply interested in constitutional law, studying repealed articles like Article 448 can provide deep insights into India’s legal evolution.
Also read: List of Repealed Articles in the Constitution | Important Constitutional Articles
