Actual Article
Article 375: Courts, authorities, and officers to continue to function subject to the provisions of the Constitution
All courts of civil, criminal, and revenue jurisdiction, all authorities and all officers, judicial, executive, and ministerial, throughout the territory of India, shall continue to exercise their respective functions subject to the provisions of this Constitution.
UPSC Notes for Article 375
Explanation:
- Continuation of Functions: Article 375 ensures that all courts, authorities, and officers continue to function after the commencement of the Constitution.
- Subject to Constitutional Provisions: These functions are to be carried out in accordance with the provisions of the new Constitution.
Key Points:
- Legal and Administrative Continuity: Ensures that the judicial, executive, and administrative machinery remains functional during the transition to the new constitutional framework.
- Jurisdictional Scope: Applies to all courts (civil, criminal, and revenue), authorities, and officers across India.
- Constitutional Compliance: Mandates that the exercise of these functions must align with the new constitutional provisions.
Important Cases and Commissions Related to Article 375
Cases:
- No landmark Supreme Court cases specifically interpreting Article 375, as it deals primarily with the continuity of judicial and administrative functions during the transition period.
Commissions:
- Various Judicial and Administrative Reforms Commissions: Have reviewed the continuity and adaptation of judicial and administrative functions during the transition to the new constitutional order.
Important Reports Related to Article 375:
- Law Commission Reports: Discuss the adaptation of pre-constitutional judicial and administrative functions to align with the new constitutional framework.
Previous Year Prelims Questions Related to Article 375
- What does Article 375 of the Indian Constitution provide for?
A. Discontinuation of pre-constitutional courts and authorities
B. Continuation of functions of courts, authorities, and officers
C. Powers of the Supreme Court during an emergency
D. Establishment of new judicial authorities Correct Answer: B. Continuation of functions of courts, authorities, and officers - Under Article 375, which of the following entities are included in the continuation of functions?
A. Only civil courts
B. Only criminal courts
C. All courts of civil, criminal, and revenue jurisdiction, all authorities, and all officers
D. Only executive officers Correct Answer: C. All courts of civil, criminal, and revenue jurisdiction, all authorities, and all officers - According to Article 375, the continued functions of courts, authorities, and officers are subject to what?
A. Previous laws
B. The provisions of the new Constitution
C. Decisions of the Prime Minister
D. Orders of the President Correct Answer: B. The provisions of the new Constitution
Previous Year Mains Questions Related to Article 375
- Discuss the significance of Article 375 in ensuring the continuity of judicial and administrative functions during the transition to the new constitutional framework. How does this provision contribute to legal and administrative stability in India?
- Evaluate the role of Article 375 in maintaining the functions of courts, authorities, and officers during the transition period. How does this provision ensure compliance with the new Constitution?
- Analyze the impact of Article 375 on the functioning of the judiciary and administration in India. How does this transitional provision facilitate the adaptation of pre-constitutional functions to the new constitutional order?
Additional Insights:
- Legal and Administrative Transition: Article 375 plays a crucial role in ensuring that the judicial and administrative systems continue to operate smoothly during the transition to the new constitutional framework.
- Constitutional Alignment: By mandating that all functions be subject to the new Constitution, Article 375 ensures that the continuity of operations aligns with the principles and provisions of the new legal order.
- Historical Context: Reflects the importance of maintaining stability and continuity in governance during the significant constitutional transition period.
Understanding Article 375 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for maintaining the continuity of judicial and administrative functions during the transition to the new constitutional framework. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring legal and administrative stability within the Indian Constitution.