Article 385 of the Costitution of India with Case law
🔹 Article 385 of the Constitution of India
Title: Provisions as to existing laws and their adaptation
🔸 Text of Article 385
Until provisions to the contrary are made by Parliament or other competent authority under this Constitution, all the laws in force in the territory of India immediately before the commencement of this Constitution shall continue in force therein, subject to the other provisions of this Constitution.
🔸 Meaning & Purpose
Article 385 is a part of the Transitional Provisions (Part XXI) of the Constitution.
It ensures continuity of legal governance after the commencement of the Constitution on 26th January 1950.
Prevents a legal vacuum by continuing colonial-era laws (British Indian laws) until they are repealed, amended, or replaced by competent authority (mainly Parliament).
🔸 Key Features
| Aspect | Description |
|---|---|
| Scope | Applies to all pre-Constitution laws in force in India |
| Duration | These laws remain valid until Parliament modifies or repeals them |
| Limitation | Such laws must be consistent with the provisions of the Constitution |
| Competent Authority | Parliament or state legislatures, as applicable |
🔸 Examples of Laws Continued Under Article 385
Indian Penal Code, 1860 (IPC)
Code of Civil Procedure, 1908 (CPC)
Indian Evidence Act, 1872
Transfer of Property Act, 1882
Criminal Procedure Code, 1898 (later replaced by CrPC, 1973)
These laws remained operative post-1950 and were gradually revised to align with the Constitution of India.
🔸 Relevant Case Laws
While Article 385 itself is rarely the sole focus of court judgments, it is indirectly referred to in cases concerning the validity of pre-Constitution laws.
🧑⚖️ Keshavan Madhava Menon v. State of Bombay, AIR 1951 SC 128
Facts: A man was prosecuted under a law passed before the Constitution came into force.
Held:
Pre-Constitution laws remain valid under Article 372 (similar to 385), but must conform to the Fundamental Rights in Part III.
Any inconsistent law becomes void to the extent of inconsistency under Article 13(1).
🧑⚖️ State of Gujarat v. Shri Ambica Mills, AIR 1974 SC 1300
Issue: Whether an existing law that discriminates can continue post-Constitution.
Held: Laws valid under colonial rule must comply with the Constitution; otherwise, they are liable to be struck down or modified.
🧑⚖️ Deep Chand v. State of Uttar Pradesh, AIR 1959 SC 648
Clarified that pre-Constitution laws could be continued only so long as they don’t violate the Constitution.
Parliament has the authority to repeal or amend them.
🔸 Distinction from Related Articles
| Article | Purpose |
|---|---|
| Article 372 | Continuation of laws from British India generally |
| Article 372A | Powers to adapt laws |
| Article 385 | Specific provision continuing laws until changed |
| Article 13 | Invalidates laws inconsistent with Fundamental Rights |
🔸 Conclusion
Article 385 helped maintain legal stability after India became a Republic.
It supports a smooth transition from colonial governance to constitutional democracy.
Such pre-existing laws are valid only if they comply with constitutional principles, especially Fundamental Rights.
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