Actual Article
Article 387: Special provision as to extension of laws
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 the law, whether by way of repeal or amendment, as appear to him to 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.
UPSC Notes for Article 387
Explanation:
- Adaptation of Laws: Article 387 empowers the President to adapt and modify existing laws to align them with the provisions of the new Constitution.
- Presidential Authority: The President can make necessary changes, including repeal or amendment, to ensure that laws are consistent with the Constitution.
- Judicial Immunity: Specifies that adaptations or modifications made by the President cannot be questioned in any court of law.
Key Points:
- Legal Continuity: Ensures that existing laws are adapted to be in harmony with the new constitutional framework.
- Temporary Presidential Power: Provides the President with temporary authority to make these changes until Parliament enacts new laws.
- Unquestionable Modifications: Ensures that the modifications made are final and not subject to judicial review, providing legal certainty.
Important Cases and Commissions Related to Article 387
Cases:
- No landmark Supreme Court cases specifically interpreting Article 387, as it deals primarily 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 387:
- 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 387
- What does Article 387 of the Indian Constitution provide for?
A. Establishment of new laws
B. Adaptation and modification of existing laws to align with the new Constitution
C. Powers of the President during an emergency
D. Special provisions for the financial administration of States Correct Answer: B. Adaptation and modification of existing laws to align with the new Constitution - Under Article 387, who has the authority to adapt and modify existing laws?
A. The Prime Minister
B. The Chief Justice of India
C. The President
D. The Parliament Correct Answer: C. The President - According to Article 387, 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 387
- Discuss the significance of Article 387 in ensuring the adaptation of existing laws to align with the new constitutional framework. How does this provision contribute to legal stability in India?
- Evaluate the role of the President under Article 387 in adapting and modifying existing laws. How does this provision ensure a smooth transition and consistency in the application of laws?
- Analyze the impact of Article 387 on the legal framework of India. How did this transitional provision facilitate the integration and adaptation of existing laws into the new constitutional order?
Additional Insights:
- Legal Stability: Article 387 plays a crucial role in maintaining legal stability during the transition to the new constitutional framework by ensuring that existing laws are adapted to be consistent with the new Constitution.
- 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 constitutional order.
- 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 387 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for maintaining legal stability and continuity 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 and application of existing laws within the Indian Constitution.