Article 372 of CoI : Article 372: Continuance in force of existing laws and their adaptation.

Explanation using Example

Example 1:

Scenario: Pre-Independence Law on Property Rights

Context: Before the Constitution of India came into effect, there was a law called the Transfer of Property Act, 1882, which governed property rights in India. This law was in force immediately before the commencement of the Constitution.

Application of Article 372:

• Continuance: According to Article 372(1), the Transfer of Property Act, 1882, continued to be in force even after the Constitution came into effect, until it was altered, repealed, or amended by a competent Legislature.
• Adaptation by President: If there was a need to align the Transfer of Property Act with the new constitutional provisions, the President could make necessary adaptations or modifications to this law within three years of the Constitution's commencement, as per Article 372(2).
• Legislative Power: After the three-year period, any further changes to the Transfer of Property Act would have to be made by the Parliament or other competent authority, as stated in Article 372(3).

Example 2:

Scenario: Law on Criminal Procedure

Context: The Code of Criminal Procedure, 1898, was a law in force before the Constitution of India came into effect. This law governed the procedures for criminal trials and investigations.

Application of Article 372:

• Continuance: Under Article 372(1), the Code of Criminal Procedure, 1898, continued to be in force after the Constitution commenced, until it was altered, repealed, or amended by a competent Legislature.
• Adaptation by President: To ensure that the Code of Criminal Procedure was in line with the new constitutional provisions, the President could make necessary adaptations or modifications within three years of the Constitution's commencement, as per Article 372(2).
• Legislative Power: After the three-year period, any further amendments or repeals to the Code of Criminal Procedure would have to be carried out by the Parliament or other competent authority, as per Article 372(3).

Example 3:

Scenario: Temporary Law on Emergency Provisions

Context: Before the Constitution came into effect, there was a temporary law that allowed the government to impose emergency measures in certain situations. This law was set to expire on a specific date.

Application of Article 372:

• Temporary Law Expiration: According to Explanation III of Article 372, this temporary law would not continue beyond its fixed expiration date, even after the Constitution came into effect.
• No Continuance: The temporary law would expire as scheduled, and Article 372 would not be construed to extend its validity beyond the set expiration date.

Example 4:

Scenario: Ordinance by Governor

Context: Before the Constitution commenced, the Governor of a Province had promulgated an ordinance under section 88 of the Government of India Act, 1935. This ordinance was in force immediately before the Constitution came into effect.

Application of Article 372:

• Ordinance Validity: As per Explanation IV of Article 372, this ordinance would continue to be in force for six weeks from the first meeting of the Legislative Assembly of the corresponding State after the Constitution commenced.
• Cease to Operate: If the Governor did not withdraw the ordinance earlier, it would cease to operate after the six-week period, ensuring that the ordinance did not continue indefinitely beyond the said period.