Actual Article
Article 384: Provisions as to continuance of existing laws and their adaptation
Until the House or Houses of the Legislature of a State specified in Part B of the First Schedule have been duly constituted and summoned to meet for the first session under the provisions of this Constitution, the President may, by order, make such adaptations and modifications of any law, whether by way of repeal or amendment, as may be necessary or expedient, for bringing the provisions of such law into accord with the provisions of this Constitution, and any such adaptation or modification shall not be questioned in any court of law.
UPSC Notes for Article 384
Explanation:
- Continuation and Adaptation of Laws: Article 384 empowers the President to make necessary adaptations and modifications to existing laws until the legislative bodies of States specified in Part B of the First Schedule are duly constituted and meet for their first session.
- Presidential Authority: Allows the President to repeal or amend laws to ensure they are consistent with the new constitutional provisions.
- Judicial Immunity: Specifies that any adaptations or modifications made by the President cannot be questioned in any court of law.
Key Points:
- Legal Continuity: Ensures that existing laws remain in force and are adapted to align with the new Constitution until the State Legislatures are fully operational.
- Transitional Authority: Grants the President the power to make necessary legal changes during the transition period, ensuring a smooth shift to the new constitutional framework.
- Unquestionable Modifications: Provides that the modifications made by the President are final and not subject to judicial review, ensuring legal certainty during the transition.
Important Cases and Commissions Related to Article 384
Cases:
- No landmark Supreme Court cases specifically interpreting Article 384, as it primarily deals with transitional provisions related to the adaptation of existing laws.
Commissions:
- Various Law Commissions: Have reviewed the adaptation and modification of existing laws during the transition to the new constitutional framework.
Important Reports Related to Article 384:
- Law Commission Reports: Discuss the historical context and implications of adapting existing laws to align with the new Constitution during the transitional period.
Previous Year Prelims Questions Related to Article 384
- What does Article 384 of the Indian Constitution provide for?
A. Establishment of new laws
B. Continuance and adaptation of existing laws until the State Legislatures are constituted
C. Powers of the President during an emergency
D. Special provisions for the financial administration of States Correct Answer: B. Continuance and adaptation of existing laws until the State Legislatures are constituted - Under Article 384, who has the authority to adapt and modify existing laws to bring them into accord with the new Constitution?
A. The Prime Minister
B. The Chief Justice of India
C. The President
D. The Governor Correct Answer: C. The President - According to Article 384, can the adaptations or modifications made by the President be questioned in a court of law?
A. Yes, they can be challenged in the Supreme Court
B. Yes, they can be challenged in the High Courts
C. No, they cannot be questioned in any court of law
D. Only with the approval of the Parliament Correct Answer: C. No, they cannot be questioned in any court of law
Previous Year Mains Questions Related to Article 384
- Discuss the significance of Article 384 in ensuring the continuity and adaptation of existing laws during the transition to the new constitutional framework. How does this provision contribute to legal stability in the states specified in Part B of the First Schedule?
- Evaluate the role of the President under Article 384 in adapting and modifying existing laws. How does this provision ensure a smooth transition and alignment of laws with the new Constitution?
- Analyze the impact of Article 384 on the legal framework of states specified in Part B of the First Schedule. How did this transitional provision facilitate the integration and adaptation of existing laws into the new constitutional order?
Additional Insights:
- Legal Stability: Article 384 plays a crucial role in maintaining legal stability during the transition to the new constitutional framework by ensuring that existing laws are adapted and remain in force.
- Presidential Authority: Highlights the central role of the President in managing the transition period, ensuring that necessary legal modifications are made to align with the new Constitution.
- Transitional Provisions: Reflects the importance of having transitional provisions to manage the shift from the pre-constitutional legal order to the new constitutional framework, ensuring continuity and consistency.
Understanding Article 384 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for maintaining legal continuity and stability 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 the effective functioning of the legal system within the Indian Constitution.