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Constitution · India · PART XXI — Temporary, Transitional and Special Provisions

Article 372 Constitution Continuance in force of existing laws and their adaptation

The Constitution of India · Edition: Supplied Law Library page: pocket edition attributed to Legislative Department, as on 10 September 2026; imported 6 November 2026

(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of India immediately before the commencement of this Constitution shall continue in force therein until altered or repealed or amended by a competent Legislature or other competent authority.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 order1make 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 2[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or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas.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.

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 document ↗

Judgments on Article 372

LOK 2004 (1) SC 59 · Supreme Court of India

M.T. Khan v. Government of Andhra Pradesh & Oth

Equivalent citations: AIR 2004 SC 428 : 2004 (1) SCC 616 : 2003 (10) JT 44 : 2003 (10) Scale 467 : 2004 (1) Supreme 237 : 2004 (1) SLT 105 : 2004 (1) SRJ 66 : 2004 (1) Crimes 254 : 2004 (1) CCR 45 : 2004 (1) RecentCR 191 : 2004 (2) CRJ 122 : 2004 (110) CriLJ 815

Subject–
ActsGeneral Clauses Act, 1897 (Section 13); Constitution of India (Articles 162, 165, 177, 367 and 372)

LOK 2003 (11) SC 203 · Supreme Court of India

State of Punjab v. M/s. Devans Modern Brewar

Equivalent citations: 2004 (1) KLT SN 96

Subject–
ActsPunjab Excise Act, 1914 (Sections 18, 19, 31, 32, 33A, 33, 34, 58 and 59; Sections 31, 32 and 58); Abkari Act, 1977 (Sections 6 and 24); Australian Constitution (Sections 92 and 99); Government of India Act, 1935 (Section 297); Punjab Act, 1932 (Sections 16 and 31); Kerala Abkari Act, 1902 (Section 17)

LOK 2003 (7) SC 211 · Supreme Court of India

John Vallamattom v. Union of India

Equivalent citations: 2003 (6) SCC 611 : AIR 2003 SC 2902 : 2003 (3) KLT 66 : JT 2003 (6) SC 37 : 2003 (5) Scale 384 : 2003 (5) Supreme 229 : 2003 (4) SLT 523 : 2003 (9) SRJ 209 : 2003 (4) KHCACJ 49 : 2003 (3) CTC 418 (SC)

Subject–
ActsIndian Succession Act, 1925 (Section 118); Transfer of Property Act, 1882 (Section 18); Constitution of India (Articles 13, 13(1), 14, 15, 25, 32, 44 and 372)

LOK 2002 (9) SC 251 · Supreme Court of India

Kaiser-I-Hind Pvt. Ltd. v. National Textile Cor

Equivalent citations: 2002 (8) SCC 182 : AIR 2002 SC 3404 : 2002 (7) JT 339 : 2002 (7) Scale 95 : 2002 (6) Supreme 608 : 2002 (4) SCJ 421 : 2002 (9) SRJ 448 : 2002 (5) SLT 555 : 2002 (3) KLT SN 132

Subject–
ActsBombay Rent Act, 1947 (Sections 12 and 13); Government of India Act, 1935 (Section 107); Constitution of India (Articles 19(1)(f), 19, 200, 254(2), 254, 369 and 372)

LOK 1997 (1) SC 154 · Supreme Court of India

State of Haryana v. Amar Nath Bansal

Equivalent citations: AIR 1997 SC 718 : 1997 (1) JT 734 : 1997 LIC 550 : 1997 (2) SLR 55 : 1997 (2) Supreme 254 : 1997 (1) Scale 343 : 1997 (10) SCC 700 : 1997 (1) SCJ 85 : 1997 LabIC 550 : 1997 UC 550

Subject–
ActsStates Re-organisation Act, 1956 (Section 115); Punjab Re-organisation Act, 1966 (Section 82); Canada Radio Broadcasting Act, 1932 (Section 9(b)); Constitution of India (Articles 363 and 372)