Article 372 In English | Article 372 Of Indian Constitution In English | What Is Article 372

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Article 372 Of Indian Constitution In English

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of India immediately before the commencement of this Constitution shall continue in force therein until altered or repealed or amended by a competent Legislature or other competent authority.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

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or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas.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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Article 372 In English

372 Article – Continuity and adaptation of existing laws.
(1) Notwithstanding the repeal of the Acts referred to in article 395 by this Constitution, but subject to the other provisions of this Constitution, all laws in force in the territory of India immediately before the commencement of this Constitution shall apply. Unless altered or repealed or amended by any competent legislature or other competent authority, the force of this Constitution shall immediately apply to the territory of India.
(2) For the purpose of giving effect to the provisions of any law in the territory of India in accordance with the provisions of this Constitution, the President may, by order, make such adaptations and amendments to such law, whether by repeal or amendment, as may be prescribed. necessary or as may be expedient, and provides that the law shall take effect from such date as may be specified in the order, subject to the adaptations and modifications so made, and any such adaptations or modifications The question will not be raised in any way. court of law.
(3) Nothing in clause (2) shall be construed.
(a) to empower the President to make any adaptation or amendment of any law after the expiration of three years from the commencement of this Constitution; either
(b) Explanation to prevent any competent legislature or other competent authority from repeal or expression in this article passed by any legislature or other law shall include amending any law adapted or amended by the President under the said section I . Competent authority in the territory of India before the commencement of this Constitution and not previously repealed, even if this or any part of it is not in operation either at all or in particular territories.
Explanation II to any legislature or any other law passed or made by any competent authority in the territory of India which immediately before the commencement of this Constitution had effect in the territory of India, as well as subject to any such adaptation. And the aforesaid amendments, such extra-regional effects will continue.
Explanation III – Nothing in this article shall be deemed to continue any provisional law beyond the date fixed for its expiration or the date on which this Constitution shall have come into force. nor Explanation IV. An Ordinance promulgated by the Governor of a Province under section 88 of the Government of India Act, 1935, and comes into force immediately before the commencement of this Constitution, unless first withdrawn by the Governor of the State concerned, shall cease to function, on the expiration of six weeks from the first sitting after the commencement of business under clause (1) of article 382 of the Legislative Assembly of that State, and nothing in this article shall be done in any such Ordinance after the said period of time shall be treated as a continuation.

Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.

What Is Article 372 Of Indian Constitution?

Article 372 Debate Summary

The draft Article 307 (Article 372 of the Constitution of India 1950) was discussed in the Constituent Assembly on 10 October 1949. It stated that once the new constitution is in force, the laws that existed before the law came into force would continue to function. In addition, the President can amend these laws to conform to the Constitution – such an amendment cannot be questioned in court. The validity of laws and the power of the President to amend them shall cease when Parliament adopts these laws and decides to retain, amend or repeal them.

A member of the drafting committee introduced an amendment that redefined the draft article to clearly indicate that the President could amend laws only to make them consistent with the Constitution and not for any other purpose. Further, such an amendment can be overruled by the Parliament. The members wanted to limit the power of the President in this regard to a period of 2 years after the coming into force of the Constitution. This member laid out the intention behind the draft article: It would take a long time for Parliament to automatically review all existing laws and decide what to do with them.

A group of members pointed out that the President’s power to amend laws would be exercised effectively by the Executive; One member was concerned about this expansion in executive power. He proposed that the judiciary, an independent committee of experts and Parliament should be involved in the process of identification and amendment of laws.

A member of the drafting committee came to the rescue of the draft article. He insisted that subjecting every previous act or rule to court scrutiny could lead to frivolous objections. Moreover, the amendment of existing laws had to be done quickly. He assured the members that the President would take the help of expert bodies and committees to check the continuity of these laws with the Constitution. Furthermore, the changes brought in by the President were not irreversible – they could be revoked by the legislature.

All the amendments except one were rejected by the Assembly. The draft Article 307, as amended by a member of the Drafting Committee, was added to the Constitution on 10 October 1949.

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