Article 372 of Indian constitution ensures the continuation of pre-Constitution laws until they are repealed, amended, or replaced by a competent authority. It empowers the President to adapt these laws to align with the Constitution, and such modifications are legally binding. Under Article 372 of the Constitution Parliament retains ultimate legislative control, ensuring a smooth transition and continuity in the legal system during the shift to constitutional governance. Explore other Constitutional Articles.

Article 372 of Indian Constitution

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 laws 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of India immediately before the commencement of this Constitution shall continue in force therein until altered or repealed or amended by a competent legislature or other competent authority.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 Constitutions; 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. 

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or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas.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.

Note: “The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

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Article 372 of Indian Constitution under Part XXI is an umbrella article which covers and protects all the laws that existed under British rule and were important to be conserved for ensuring that no legal void was created while transitioning into the Indian constitution 1950.

Article 372(1) of the Indian Constitution allows the continuation of existing Imperial laws alongside the Indian Constitution. Article 372 of Constitution primarily encompasses two major points, first being the continuity of existing laws and secondly giving competent legislature or authority the power to alter, repeal or amend those laws as per the Indian constitution.

Article 372(2) and article 372(3) of the Indian Constitution gave President the power to modify or adapt existing laws to align them with the Indian Constitution by issuing an order that makes necessary modifications, including amendments, repeals, or adaptations, although under article 372 of the Indian constitution, it was a time restricted power and could not be extended beyond three years from the commencement of the Constitution.

Article 372 of Indian Constitution Judicial Pronouncements:

Article 372 of Indian Constitution has been discussed in several landmark judgments, even though it was not the central issue of many cases. Article 372 of the Constitution has given legal standpoint and validity to many pre-existing laws in various cases. Discussed hereinafter are some important rulings under Article 372 of the Constitution. 

• Edward Mills Co. Ltd., Beawar v. State of Ajmer (1954): One of the prominent issues in this case was whether the order made under section 94(3) of the Government of India Act should be reckoned as "law in force" immediately before the commencement of the Constitution and thus continued under Article 372(1) of the Indian Constitution. The court held that the words 'law in force' in Article 372 of Indian Constitution are wide enough to include not merely legislative enactments but also any regulation or order which has the force of law.
• State of Madhya Pradesh vs. G.C. Mandawar (1954):The Supreme Court upheld the continuation of pre-existing laws by virtue of Article 372 of the Indian Constitution, but defined the limitations on the President's power inflicted under the same article of the constitution. 

Even though Article 372 of Indian constitution was brought into force to give constitutional validity to British imperial laws, it holds its relevance till date as there still exists many laws that receive their legal validity from article 372 of the Indian constitution.

• It retained the existing legal framework: At the time of enactment and enforcement of the Constitution of India, there could have been a legal void if not for this Article 372 of Indian Constitution which provided a mechanism through which the existing legal framework was saved and continued. 
• Paved way for a Smooth Transition: Article 372 of Indian Constitution allowed the new government and Parliament time to review, amend, or repeal the old laws gradually, rather than being burdened with the task of creating a completely new legal system at once.
• Granted necessary power and flexibility: According to Article 372 of the Indian Constitution the President's power of adaptation allowed for necessary adjustments to be made to align the old laws with the new constitution, but this power was time barred for three years by article 372 of Constitution from commencement of constitution of India.

Article 372 of Indian Constitution and Judicial Review

Article 372 (1) of Indian Constitution explicitly states that the continuation of pre-constitution laws is "subject to the other provisions of this Constitution." thereby allowing pre-existing laws to remain in force but it had to be in conformity with the constitution, hence bringing them under the ambit of Judicial review. Any law which has got its validity under Article 372 of Indian Constitution and inconsistent with the constitution, especially Part III of the Constitution can be declared void by the Supreme court or various High courts. 

Article 13 and Article 372 of Indian Constitution Interplay

Article 372 of Indian Constitution provides for the continuity of the pre-existing legal framework, while Article 13 ensures that this continued framework aligns with the fundamental rights enshrined in the Constitution from its inception. Judicial review keeps an important check on all the laws which have got their validity under article 372 of Indian Constitution by ensuring that they align with the spirit of the constitution.

Conclusion

The above cases give a snippet of the application of Article 372 of Indian Constitution, that is how pre-existing laws continued to operate and could be modified to align with the Constitution. Although Article 372 of the Indian Constitution is not a primary subject of majority landmark cases, its implications are often a point of consideration in cases dealing with constitutional amendments, legal continuity, and the power of Parliament to adapt laws.