Temporary, transitional and special provisions.
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until altered or repealed or amended by a competent Legislature or other competent
(2) For the purpose of
brining 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_378 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
_379[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.
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commencement of this Constitution and not previously repealed, notwithstanding that it or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, contiue to have such extra-territorial effect.
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.
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shall, unless withdrawn by the Governor of the corresponding State earlier, cease to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 cluase (1) of article 382, and
nothing in this article shall be construed as continuing any such Ordinance in force
beyond the said period.