Actual Article
Article 313: Transitional provisions
Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of this Constitution shall continue in force so far as consistent with the provisions of this Constitution.
UPSC Notes for Article 313
Explanation:
- Continuity of Laws: Article 313 ensures the continuity of all existing laws related to public services or posts until new provisions are made under the Constitution.
- Consistency with the Constitution: These laws will remain in force as long as they are consistent with the provisions of the Constitution.
Key Points:
- Smooth Transition: The article facilitates a smooth transition from pre-constitutional to constitutional governance by maintaining existing laws.
- Temporary Provision: It is a transitional provision, implying that it will be applicable until the appropriate legislative bodies enact new laws.
- Constitutional Consistency: Ensures that existing laws do not conflict with the new constitutional framework, maintaining legal coherence and continuity.
Important Cases and Commissions Related to Article 313
Cases:
- No specific landmark cases directly interpreting Article 313, as it deals with the transitional continuity of laws.
Commissions:
- Law Commission of India: Reviews existing laws and recommends necessary changes to align them with the constitutional framework.
- Second Administrative Reforms Commission: Suggests improvements to ensure that transitional provisions facilitate effective governance.
Important Reports Related to Article 313:
- Law Commission Reports: Discuss the alignment of pre-constitutional laws with the new constitutional framework and recommend necessary reforms.
- Administrative Reforms Commission Reports: Provide insights into the transition from pre-constitutional to constitutional governance and suggest measures to enhance administrative efficiency.
Previous Year Prelims Questions Related to Article 313
- (UPSC Prelims 2016) What does Article 313 of the Indian Constitution ensure?
- A. The creation of new laws for public services
- B. The continuity of existing laws related to public services until new provisions are made
- C. The abolition of old laws
- D. The formation of an interim government Correct Answer: B. The continuity of existing laws related to public services until new provisions are made
- (UPSC Prelims 2018) Under Article 313, how long will the pre-constitutional laws continue to be in force?
- A. Permanently
- B. Until they are repealed by the President
- C. Until other provision is made under the Constitution
- D. For a period of ten years Correct Answer: C. Until other provision is made under the Constitution
Previous Year Mains Questions Related to Article 313
- Mains 2016: “Discuss the significance of Article 313 in ensuring a smooth transition from pre-constitutional to constitutional governance. How does this article contribute to legal continuity?”
- Mains 2019: “Evaluate the impact of transitional provisions like Article 313 on the legal and administrative framework of India. What are the potential benefits and challenges associated with maintaining pre-constitutional laws?”
Additional Insights:
- Legal Stability: Article 313 provides legal stability by ensuring that existing laws continue to govern public services and posts until new legislative measures are enacted.
- Administrative Continuity: Maintains administrative continuity by preventing legal vacuums during the transition period from pre-constitutional to constitutional governance.
- Flexibility: Allows for a phased approach to legislative reform, ensuring that changes are made thoughtfully and in alignment with the new constitutional framework.
Understanding Article 313 is crucial for UPSC aspirants as it provides insights into the transitional provisions that ensure legal and administrative continuity during the transition to constitutional governance. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional provisions and their impact on public administration within the Indian Constitution.