Part XXI: Temporary, Transitional and Special Provisions

Article 372A: Power of the President to Adapt Laws

Original Article:

Article 372A empowers the President to adapt and modify laws to ensure their alignment with the Constitution after the reorganization of states. The complete clauses are as follows:

(1) For bringing laws in force before the Constitution (Seventh Amendment) Act, 1956, into accord with the amended Constitution, the President may, by order, adapt or modify such laws through repeal or amendment as deemed necessary.

(2) This adaptation power is time-bound and must be exercised before November 1, 1957. However, it does not limit legislative authorities from amending or repealing adapted laws subsequently.

Explanations:

Article 372A was introduced to facilitate legal alignment with the constitutional framework following the state reorganization in 1956. It provides transitional authority to the President to adapt existing laws for smooth governance, reflecting the newly defined state boundaries and administrative structures.

Clause-by-Clause Explanation:

Clause (1): Presidential Adaptation Authority

The President is granted the authority to adapt or repeal pre-existing laws to align them with the provisions of the reorganized states as per the Seventh Amendment. This power ensured legal uniformity during the significant administrative transition.

Clause (2): Legislative Supremacy

While the President’s powers are transitional, the clause ensures that legislative bodies retain ultimate control to further amend or repeal adapted laws, emphasizing democratic governance.

Legislative History:

Article 372A was added by the Constitution (Seventh Amendment) Act, 1956, to address the need for legal continuity during the extensive state reorganization based on linguistic and administrative considerations.

Historical Significance:

This article played a critical role in stabilizing governance during India’s major state reorganization, ensuring that pre-existing laws could be adapted to the new administrative framework without legal disruption.

Real-life Examples:

The Adaptation of Laws Orders issued by the President under Article 372A ensured that laws applicable to erstwhile Madras state were adapted for Andhra Pradesh and Tamil Nadu after their bifurcation, reflecting the reorganized boundaries.

Debates and Deliberations:

The need for Article 372A was emphasized during the debates on the Seventh Amendment. Members recognized its importance for ensuring a seamless transition during the reorganization of states while safeguarding legislative authority.