The Constitution of India
Article 238
Application of provisions of Part VI to States in Part B of the First Schedule
Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29and Sch. (w.e.f. 1-11-1956).
Why this exists
Article 238 originally extended the normal rules for state governments (found in Part VI of the Constitution) to 'Part B States' — a category made up of former princely states like Mysore, Hyderabad, and others that had merged into India after independence. As India moved toward a more uniform system of states, the States Reorganisation Act, 1955 and the Seventh Constitutional Amendment, 1956 abolished the Part A/Part B/Part C classification of states altogether. Since there were no more 'Part B States' to speak of, Article 238 became meaningless and was formally omitted.
Common misconceptions
- Myth: Article 238 still applies to some Indian states today.
Fact: It was completely omitted from the Constitution in 1956 and has no legal effect now. - Myth: Article 238 was struck down by a court for being unconstitutional.
Fact: It was removed by Parliament through a constitutional amendment (the Seventh Amendment Act, 1956), not by any judicial ruling.