Article 372

Continuity of Pre-Constitution Laws and Presidential Power of Adaptation

Official heading: “Continuance in force of existing laws and their adaptation”

Check this article against the official editionAwaiting human legal review

Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part XXI, Article 372, printed pages 245–247
Last human source-link check: Not yet checked
Last human legal review: Not yet reviewed

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1. In One Sentence

Maintains all pre-Constitution laws in force until altered or repealed by a competent Legislature, and authorized initial Presidential adaptations.

2. What It Means in Everyday Language

Article 372 is the foundational legal bridge that prevented a catastrophic legal vacuum upon the adoption of the Constitution on 26 January 1950.

Clause (1) provides that notwithstanding the repeal of the Indian Independence Act and the Government of India Act, all laws in force in India immediately before commencement (such as the Indian Penal Code, Contract Act, Evidence Act, and Civil Procedure Code) continue in force until altered, repealed, or amended by a competent Legislature.

This continuity is subject to a vital supremacy rule: existing laws continue only "subject to the other provisions of this Constitution", meaning any pre-existing law that violates Fundamental Rights is void under Article 13(1).

Clause (2) gave the President power for three years to issue Adaptation Orders to bring pre-existing colonial statutes into conformity with republican constitutional terminology and federal distribution.

3. Practical Illustrative Example

Everyday Scenario:

A court adjudicates a commercial breach of contract dispute in 2026 applying the Indian Contract Act of 1872.

Core takeaway: Article 372(1) is the constitutional provision that keeps pre-1950 statutes in force as valid Indian law today until amended or replaced.

Illustrative Notice: If any section of an existing pre-1950 law conflicts with constitutional Fundamental Rights (Part III), it is unconstitutional and unenforceable.

4. Important Limits, Qualifications & Exceptions

Article 372 preserves the continuity of India’s legal order across the 1950 constitutional threshold.

Universal continuity: Preserves the entire pre-1950 corpus of statutes, rules, regulations, and common law precedents.
Subordinated to Constitution: Operates strictly "subject to the other provisions of this Constitution".
Competent legislature supremacy: Pre-existing laws remain valid only until repealed or altered by Parliament or State Legislatures.
Adaptation orders: Authorized presidential textual adaptations during the initial transitional window.

5. Operative Constitutional Text

(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 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.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

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Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part XXI, Article 372, printed pages 245–247 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource