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Constitution shall continue in force therein until altered or repealed or amended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 1[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.
______________________________________________
See the Adaptation of Laws Order, 1950, dated the 26th January, 1950, Gazette of
India, Extraordinary, p. 449, as amended by notification No. S.R.O. 115, dated the 5th
June, 1950, Gazette of India, Extraordinary, Part II, Section 3, p. 51, notification No.
S.R.O. 870, dated the 4th November, 1950, Gazette of India, Extraordinary, Part II,
Section 3, p. 903, notification No. S.R.O. 508, dated the 4th April, 1951, Gazette of
India, Extraordinary, Part II, Section 3, p. 287, notification No. S.R.O. 1140B, dated
the 2nd July, 1952, Gazette of India, Extraordinary, Part II, Section 3, p. 616/1, and the
Adaptation of the Travancore-Cochin Land Acquisition Laws Order, 1952, dated the
20th November, 1952, Gazette of India, Extraordinary, Part II, Section 3, p. 923.
1. Subs. by the Constitution (First Amendment) Act, 1951, s.12 for "two years"
(w.e.f. 18-6-1951).
247 THE CONSTITUTION OF INDIA
(Part XXI.—Temporary, Transitional and Special Provisions)
Explanation I.—The expression “law in force” in this article shall
include a law passed or made by a Legislature or other competent authority in
the territory of India before the commencement of this Constitution and not
previously repealed, notwithstanding that it or parts of it may not be then in
operation either at all or in particular areas.
Explanation II.—Any law passed or made by a Legislature or other
competent authority in the territory of India which immediately before the
commencement of this Constitution had extra-territorial effect as well as effect
in the territory of India shall, subject to any such adaptations and modifications
as aforesaid, continue to have such extra-territorial effect.
Explanation III.—Nothing in this article shall be construed as continuing
any temporary law in force beyond the date fixed for its expiration or the date
on which it would have expired if this Constitution had not come into force.
Explanation IV.—An Ordinance promulgated by the Governor of a
Province under section 88 of the Government of India Act, 1935, and in force
immediately before the commencement of this Constitution shall, unless
withdrawn by the Governor of the corresponding State earlier, cease to operate
at the expiration of six weeks from the first meeting after such commencement
of the Legislative Assembly of that State functioning under clause
(1) of article
382, and nothing in this article shall be construed as continuing any such
Ordinance in force beyond the said period.
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