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ARTICLE 372, 372A OF CONSTITUTION OF INDIA 1949

What is the Continuance in force of existing laws and their adaptation? What is Power of the President to adapt laws? Article 372 and 372A of Constitution of India, 1949

Continuance in force of existing laws and their adaptation and Power of the President to adapt laws are defined under Article 372 and 372A of Constitution of India 1949. Provisions under these Articles are:

Article 372 of Constitution of India "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of India immediately before the commencement of this Constitution shall continue in force therein until altered or repealed or amended by a competent Legislature or other competent authority.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or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas.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.

Article 372A of Constitution of India "Power of the President to adapt laws"

(1) For the purposes of bringing the provisions of any law in force in India or in any part thereof, immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, into accord with the provisions of this Constitution as amended by that Act, the President may by order made before the 1st day of November, 1957 make such adaptations and modifications of the 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.

(2) Nothing in clause (1) shall be deemed to prevent a competent legislature or other competent authority from repealing or amending any law adapted or modified by the President under the said clause.

Constitution of India 1949

What is Protection of President and Governors and Rajpramukhs? What is Protection of publication of proceedings of Parliament and State Legislature? Article 361 and 361A of Constitution of India, 1949

What is Bar to interference by courts in disputes arising out of certain treaties, agreements, etc? What is Recognition granted to Rulers of Indian States to cease and privy purses to be abolished? Article 363 and 363A of Constitution of India, 1949

What are the Special provisions as to major ports and aerodromes? What is the Effect of failure to comply with, or to give effect to, directions given by the Union? Article 364 and 365 of Constitution of India, 1949

What are the Definitions? What is Interpretation? Article 366 and 367 of Constitution of India, 1949

What is the Power of Parliament to amend the Constitution and procedure therefor? What is Temporary power to Parliament to make laws matters in the State Concurrent List? Article 368 and 369 of Constitution of India, 1949

What are the Temporary provisions with respect to the State of Jammu and Kashmir? Article 370 of Constitution of India, 1949

What are the Special provision with respect to the States of Maharashtra and Gujarat? Article 371 of Constitution of India, 1949

What are the Special provision with respect to the States of Nagaland? Article 371A of Constitution of India, 1949

What are the Special provision with respect to the States of Assam and Manipur? Article 371B and 371C of Constitution of India, 1949

What are the Special provisions with respect to the state of Andhra Pradesh? What are the provisions for Establishment of Central University in Andhra Pradesh? Article 371D and 371E of Constitution of India, 1949

What are the Special provisions with respect to the State of Sikkim? Article 371F of Constitution of India, 1949

What are the Special provision with respect to the State of Mizoram, Arunachal Pradesh and Goa? Article 371G, 371H and 371I of Constitution of India, 1949

What is the Continuance in force of existing laws and their adaptation? What is Power of the President to adapt laws? Article 372 and 372A of Constitution of India, 1949


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