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of Property Act, 1882, continued to be in force even after the Constitution came into effect, until it was altered, repealed, or amended by a competent Legislature.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 ...

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