Part XXI (Articles 369–392)

Article 372 – Continuance of existing laws and their adaptation

• Laws in force before the commencement of the Constitution will continue unless they contradict the Constitution or are repealed.
• Allowed for smooth transition from colonial rule.

Article 372A – Power to adapt laws

• Added by the 7th Amendment (1956).
• Parliament empowered to modify laws in relation to the reorganisation of states.

Article 373 – Power of President to make orders in respect of persons under preventive detention

• Transitional provision to issue orders regarding preventive detention for up to 1 year from Constitution commencement.

Article 374 – Provisions as to the Judges of the Federal Court and proceedings pending

• Judges of the Federal Court (British India) to continue till replaced.
• Cases pending before Federal Court to be transferred to the Supreme Court.

Article 375 – Courts, authorities, and officers to continue to function

• Ensures continuity of administrative machinery.
• Pre-Constitution judicial and executive officers continue under the new regime.

Article 376 – Judges of High Courts to continue

• Allowed judges of existing high courts to continue unless replaced under the new framework.

Article 377 – Provisions as to the Comptroller and Auditor-General

• Transitional provision for appointment and continuity of the CAG of India.

Article 378 – Provisions as to Public Service Commissions

• Existing Public Service Commission’s (central and state) to continue with transitional modifications.

Article 378A – Special provision for the formation of Public Service Commission for UTs

• Added by the 7th Amendment.
• Created a provision for Public Service Commission for Union Territories.

Article 379 to 391 – Repealed Articles

These articles dealt with provisions related to the Constituent Assembly, Indian Independence Act, and transition from colonial rule. Most of these are now repealed or obsolete.

Article 392 – Power of the President to remove difficulties

• Transitional power to make orders for removing difficulties in implementing the Constitution.
• This power was valid only for 3 years (i.e., till 26 January 1953).
• Was a temporary enabling clause to smooth the constitutional shift.

JUDGMENTS & CASE LAWS:

Article 370 – (Special status of Jammu & Kashmir)

 Landmark Judgments:

1. Prem Nath Kaul v. State of J&K (1959)

• Held that Constituent Assembly of J&K had to decide the scope of Article 370.
• Once it dissolved (1957), the scope of Article 370 was considered frozen.

1. Sampat Prakash v. State of J&K (1969)

• Upheld the continued use of Article 370 to apply constitutional provisions to J&K even after its Constituent Assembly dissolved.

1. State Bank of India v. Santosh Gupta (2017)

• Reinforced that laws under Union List can be extended to J&K through Presidential Orders under Article 370.

1. Supreme Court Constitution Bench (In Re Article 370) – Ongoing

• After abrogation on 5 August 2019, petitions challenged its validity and procedure.
• Judgment (Dec 2023): Supreme Court upheld the constitutional validity of abrogation and reorganisation of J&K into UTs.

Articles 371–371J – Special Provisions for Various States

Important Judgments:

1. T. Venkata Reddy v. State of Andhra Pradesh (1985)

• Upheld reservations and local preferences under Article 371D for Andhra Pradesh as constitutionally valid.

1. Rangaiah v. State of Andhra Pradesh (1983)

• Stated that local area reservations under 371D must adhere to constitutional safeguards.

1. Suresh Kumar v. State of Karnataka (2013)

• Validated Article 371J (Hyderabad-Karnataka special status) as constitutional, not violating equality under Article 14.

Article 372 – Continuance of Existing Laws

Important Judgments:

Keshavan Madhava Menon v. State of Bombay (1951)

• Held that pre-Constitution laws continue unless inconsistent with fundamental rights.
• Established the principle of doctrine of eclipse.

Deep Chand v. State of Uttar Pradesh (1959)

• Reaffirmed that pre-constitutional laws remain valid unless repealed or amended to contradict the Constitution.

Article 392 – Power of the President to Remove Difficulties

Usage:

• Invoked several times between 1949 and 1953 to resolve transitional administrative issues.
• Example: Adaptation of laws and executive orders under President’s authority.

IMPORTANT AMENDMENTS RELATED TO PART XXI

Summary Table