Constitution of India · Part XXI: Temporary, Transitional and Special Provisions
Article 372: Continuance in force of existing laws and their adaptation
In plain words
Subject to the Constitution, all laws in force in India just before the Constitution began continue until changed or repealed by a competent Legislature or authority, despite the repeal of the Acts in article 395.
- The President could by order adapt or modify those laws to bring them in line with the Constitution, for up to three years from its start, and such changes cannot be questioned in court.
- Laws with extra-territorial effect keep it, but temporary laws do not continue beyond their expiry date.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official 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of India immediately before the commencement of this Constitution shall continue in force therein until altered or repealed or amended by a competent Legislature or other competent authority.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. See the Adaptation of Laws Order, 1950, dated the 26th January, 1950, Gazette of
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.
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the article 372
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Irwan Kour v. Punjab Public Service Commission & Ors.
Issue arose whether recruitment advertisement issued by the Punjab Public Service Commission providing reservation for “ex-servicemen” would include personnel from the Indian Military Nursing Service.
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Sanjeevkumar Harakchand Kankariya v. Union of India & Ors.
Issue arose whether in view of the inconsistency between the Court Fees Act, 1870 and Maharashtra Court Fees Act, 1959, if any, would the appellant be entitled to a complete refund of court fees per the former, since it…
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Aligarh Muslim University v. Naresh Agarwal & Ors.
The issues were: 1) ingredients, indicia or criteria for an educational institution to be considered a minority educational institution under Article 30 of the Constitution; 2) whether Aligarh Muslim University (AMU) is…
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The State of West Bengal v. Union of India
Instant suit has been filed by the State of West Bengal against Union of India seeking declaration that registration of cases by the defendant-UOI after withdrawal of Notification u/s. 6 of the DSPE Act by the…
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Lucknow Nagar Nigam & Others v. Kohli Brothers Colour Lab.
1) Whether statutory vesting of property termed as enemy property under the provisions of the Enemy Property Act, 1968 amounts to expropriation which leads to change of its status inasmuch as its ownership is…
- Gajender Singh Drall and Ors v. Govt of NCT of Delhi and Ors
- Yudhvir Singh & Anr v. Govt. of NCT of Dlehi & Ors
- In Re: Article 370 of the Constitution v. .
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The State of Telangana & Ors. v. M/S Tirumala
The Constitution (101st Amendment) Act, 2016, introduces a fundamental re-ordering of the constitutional premise of taxation by the Union and State Governments in India. It is the framework to enable the introduction of…
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Mumbai v. Bhavnaben Dinshbhai Bhabhor & Others
Whether a Constable of a Railway Protection Force (RPF) can be treated as a “Workman” u/s.2(1)( n), Employees Compensation Act, 1923 even though, by virtue of amended s.3, Railway Protection Force Act, 1957, he is a…
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CONSTITUTED BY THE GoI) v. SUPT. OF CENTRAL EXCISE A ND
Whether the Customs Act, 1962 creates a first charge overriding the charge in favour of the secured creditor.
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- Revathinnal Balagopala Varma v. H.H.Sri Padmanabhadasa, Bala Rama Varma (Since Deceased) and Ors.
- Delhi Transport Corporation v. D.T.C. Mazdoor Congress
- Central Inland Water Transport Corporation Ltd. & Anr. Etc. v. Brojo Nath Ganguly & Anr.
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- Umaji Keshao Meshram & Ors. v. Radhikabai W/O Anandrao Banapurkar & Anr.
- Express Newspapers Pvt. Ltd. & Ors. v. Union of India & Ors.
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- Union of India v. City Municipal Council, Bellary
- Additional District Magistrate, Jabalpur v. S. S. Shukla Etc. Etc.