सं Samvidhan

The Constitution of India

Article 372

Continuance in force of existing laws and their adaptation

Why this exists

When the Constitution came into force on 26 January 1950, India could not realistically recreate its entire body of law — criminal codes, property laws, contracts, procedural rules — from scratch. Article 372 ensured legal continuity: the vast framework of laws inherited from British India and princely states would keep operating, avoiding a legal vacuum, while giving Parliament, state legislatures, and briefly the President the power to update or discard anything inconsistent with the new constitutional order.

How courts read it

Courts have used Article 372 to test whether pre-Constitution laws survive scrutiny under fundamental rights and other constitutional provisions, treating it as a bridge rather than a shield — old laws continue only 'subject to the other provisions of this Constitution,' meaning they can still be struck down if inconsistent with Part III or other Articles. Judgments have also clarified that 'existing law' includes laws not yet enforced in some areas, and that the President's three-year adaptation window under clause (2) was strictly time-bound, after which only Parliament or state legislatures could amend such laws.

Common misconceptions
  • Myth: Article 372 means every old British-era law is automatically frozen forever and can never be changed.
    Fact: The Article explicitly says these laws stay only until altered, amended, or repealed by a competent legislature or authority — they were always meant to be replaceable.
  • Myth: The President's adaptation power under clause (2) can be used anytime to tweak old laws.
    Fact: Clause (3)(a) strictly limited this power to three years after the Constitution commenced; after that, only legislatures could amend such laws.
  • Myth: Old laws automatically override the Constitution since they existed first.
    Fact: Clause (1) makes continuance 'subject to the other provisions of this Constitution,' so any old law inconsistent with the Constitution (like violating fundamental rights) can still be struck down.