पृष्ठ:भारत का संविधान (१९५७).djvu/३३६

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147
THE CONSTITUTION OF INDIA

 

Part XXI.—Temporary and Transitional Provisions.—Art. 372–372A.

(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 [१][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or other competent authority in the territory of India before the cominencement of this Constitution and not previously repealed, notwith standing that it or parts of it may not be then in operation either at all or in particular areas.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the Government of India Act, I935, and in force immediatley before the commencement of this Constitution shall, unless withdrawn by the Governor of the corresponding State earlier.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 commencementbof the Legislative Assembly of that State functioning under clause (I) of article 382, and nothing in this article shall be construed as continuing any such Ordinance in force beyond the said period.

Power of the President to adapt lav.s.

[२]372A. For the purposes of bringing the provisions of any law in force in India or in any part thereof, immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, into accord with the provisions of this Constitution as amended by that Act, the President may by order made before the 1st day of November, 1957, make such adaptations and modifications of the law, whether by way of repeal or anendment, 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.


  1. Subs. by the Constitution (First Amendment) Act, 195I. s. 12, for "two years".
  2. In by the Constitution (Seventh Amendment Act, 1956, s. 23.