Article 372 of the Costitution of India with Case law
🇮🇳 Article 372 of the Constitution of India
Topic: Continuance in force of existing laws and their adaptation
(Found in Part XXI – Temporary, Transitional and Special Provisions)
🔹 Text of Article 372 (Simplified):
All laws in force immediately before the commencement of the Constitution (i.e., before January 26, 1950) shall continue to be in force after the Constitution comes into effect.
These laws will remain valid until altered or repealed by a competent authority.
Parliament or any competent Legislature can adapt or modify existing laws to make them consistent with the Constitution.
This includes making changes needed for the Constitution to work smoothly.
🧾 Purpose of Article 372:
To ensure legal continuity and stability during the transition from the British colonial rule and the previous legal system to the new constitutional order.
Prevents any legal vacuum or chaos by keeping all existing laws in force initially.
Empowers Parliament and legislatures to amend laws for constitutional compatibility.
⚖️ Important Case Laws on Article 372:
🔹 1. State of West Bengal v. Union of India, AIR 1963 SC 1241
Held that laws existing before the Constitution continue until specifically repealed or amended.
Article 372 provides a transitional safeguard for laws not inconsistent with the Constitution.
🔹 2. Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461
Though famous for the “Basic Structure” doctrine, the Court acknowledged Article 372’s role in continuing pre-constitutional laws.
Emphasized Parliament’s power to amend laws to comply with the Constitution, but not to violate the basic structure.
🔹 3. Bhikaji Narain Dhakras v. State of Madhya Pradesh, AIR 1955 SC 781
Court upheld that laws in force before the Constitution are valid unless inconsistent with constitutional provisions.
Highlighted that Article 372 is about validity and adaptation of laws, not immunity from constitutional scrutiny.
✅ Key Features of Article 372:
| Feature | Description |
|---|---|
| Continuance of Laws | All pre-1950 laws continue in force |
| Adaptation Authority | Parliament or competent legislature can amend such laws |
| Objective | Smooth transition to constitutional governance |
| Limitation | Laws inconsistent with fundamental rights or other provisions can be challenged or amended |
📌 Context and Importance:
India inherited a vast body of laws from the British era (Acts, regulations, orders).
Immediate repeal would create legal chaos.
Article 372 allowed a seamless legal transition to the democratic constitutional framework.
Provides constitutional backing to legislative reforms post-1950.
🔚 Summary:
Article 372 ensures the validity and continuity of all existing laws post-independence until they are changed or repealed. It provides a flexible mechanism for adaptation to maintain consistency with the new Constitution.
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