Actual Article
Article 372: Continuance in force of existing laws and their adaptation
(1) Notwithstanding the repeal by this Constitution of the enactments referred to in Article 395 but subject to the other provisions of this Constitution, all the law in force in the territory of India immediately before the commencement of this Constitution shall continue in force therein until altered or repealed or amended by a competent Legislature or other competent authority.
(2) For the purpose of bringing the provisions of any law in force in the territory of India into accord with the provisions of this Constitution, the President may by order make such adaptations and modifications of such law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law.
(3) Nothing in clause (2) shall be deemed—
- (a) to empower the President to make any adaptation or modification of any law after the expiration of three years from the commencement of this Constitution; or
- (b) to prevent any competent Legislature or other competent authority from repealing or amending any law adapted or modified by the President under the said clause.
UPSC Notes for Article 372
Explanation:
- Continuance of Existing Laws: Article 372 ensures that all laws in force in India before the commencement of the Constitution continue to be in force until they are altered, repealed, or amended by a competent authority.
- Presidential Adaptation: Grants the President the power to adapt and modify existing laws to bring them in accord with the provisions of the Constitution for a period of up to three years from its commencement.
- Limitation on Presidential Power: The President’s power to adapt or modify laws is limited to three years from the commencement of the Constitution, after which only competent legislatures or authorities can repeal or amend these laws.
Key Points:
- Legal Continuity: Ensures legal continuity and stability by maintaining existing laws until they can be systematically reviewed and modified to align with the new Constitution.
- Adaptation and Modification: Allows for necessary adaptations and modifications to existing laws to ensure they comply with the provisions of the Constitution.
- Presidential Authority: Temporarily empowers the President to make these adaptations and modifications, providing a transitional mechanism for legal consistency.
Important Cases and Commissions Related to Article 372
Cases:
- State of Madhya Pradesh vs. G.C. Mandawar (1954): The Supreme Court upheld the continuation of pre-constitutional laws under Article 372 and clarified the extent of the President’s power to adapt and modify such laws.
Commissions:
- Various Law Commissions: Have reviewed pre-constitutional laws to recommend necessary amendments or repeals to align with constitutional provisions.
Important Reports Related to Article 372:
- Law Commission Reports: Highlight the review and recommendation processes for pre-constitutional laws to ensure their alignment with the new constitutional framework.
Previous Year Prelims Questions Related to Article 372
- What does Article 372 of the Indian Constitution provide for?
A. Continuance in force of existing laws and their adaptation
B. Powers of the President during an emergency
C. Establishment of new laws post-independence
D. Repeal of all pre-constitutional laws Correct Answer: A. Continuance in force of existing laws and their adaptation - Under Article 372, who has the power to adapt and modify existing laws to align them with the Constitution?
A. The Prime Minister
B. The Chief Justice of India
C. The President
D. The Parliament Correct Answer: C. The President - For how long can the President adapt and modify laws under Article 372?
A. One year from the commencement of the Constitution
B. Two years from the commencement of the Constitution
C. Three years from the commencement of the Constitution
D. Five years from the commencement of the Constitution Correct Answer: C. Three years from the commencement of the Constitution
Previous Year Mains Questions Related to Article 372
- Discuss the significance of Article 372 in ensuring legal continuity during the transition to the new Constitution. How does this provision contribute to the stability of the legal system in India?
- Evaluate the role of the President under Article 372 in adapting and modifying pre-constitutional laws. How does this power ensure the alignment of existing laws with the new constitutional framework?
- Analyze the impact of Article 372 on the legislative process in India. How have the adaptations and modifications made under this article influenced the evolution of the legal system?
Additional Insights:
- Transitional Mechanism: Article 372 serves as a crucial transitional mechanism, allowing for a smooth shift from the pre-constitutional legal framework to one that aligns with the new Constitution.
- Legal Stability: By ensuring the continuation of existing laws, Article 372 prevents legal vacuum and instability, allowing for gradual and systematic legal reform.
- Role of the President: The President’s temporary power to adapt and modify laws ensures that immediate inconsistencies with the new Constitution can be addressed without delay.
Understanding Article 372 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 adaptation of existing laws within the Indian Constitution.