Part XXI: Temporary, Transitional and Special Provisions

Article 375: Continuity of Judicial and Administrative Functions

Overview of Article 375: Continuity of Judicial and Administrative Functions

Original Article:

Article 375 ensures that all courts, authorities, and officers continue to exercise their respective functions subject to the provisions of the Constitution, maintaining administrative and judicial stability.

Explanations:

Article 375 facilitates a seamless transition to constitutional governance by allowing courts, authorities, and officers to continue their duties under the new legal framework.

Clause-by-Clause Explanation:

Clause (1): Continuity of Judicial Functions

Civil, criminal, and revenue courts maintain their jurisdiction and continue to operate, ensuring no disruption in judicial processes.

Clause (2): Administrative and Executive Continuity

All authorities and officers, judicial or executive, continue their functions as per the Constitution, avoiding administrative voids.

Historical Significance:

Article 375 reflects the framers’ intent to ensure uninterrupted judicial and administrative operations during the transition from colonial to constitutional governance.

Real-life Examples:

Revenue officers continued to oversee land records and tax collection post-independence, providing stability to rural economies under the new Constitution.

Frequently Asked Questions (FAQs):

What does Article 375 ensure?

It ensures the continuity of judicial, administrative, and executive functions under the Constitution.

Why is Article 375 significant?

It prevents administrative and judicial disruptions during the transition to constitutional governance.

Who continues to function under Article 375?

All courts, authorities, and officers in judicial, executive, and ministerial roles continue their respective functions.

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