Article 375 of Indian Constitution, Functions, Significance

Article 375 of Indian Constitution ensures continuity of courts, judges, and legal proceedings after 1950, enabling smooth transition to the constitutional system.

Article 375 of Indian Constitution
Table of Contents

Article 375 of Indian Constitution is a provision that ensures smooth continuity in India’s judicial system after the Constitution came into force in 1950. It states that all courts, judges, and legal proceedings that were functioning before the Constitution would continue to operate until new arrangements were made under the Constitution.

Article 375 of Indian Constitution Key Aspects

  • Article 375: All courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of India, shall continue to exercise their respective functions subject to the provisions of this Constitution.
  • It is part of Part XXI (Temporary, Transitional and Special Provisions) of the Constitution.
  • It allowed courts, judges, police, and administrative officers to continue their work after 1950.
  • It ensured that all these institutions would now function according to the Constitution.
  • It acted as a bridge between the old British-era system and the new constitutional system.

Article 375 of Indian Constitution Scope

  • Applies to all courts and judicial authorities that existed before the Constitution came into force.
  • Covers judges, court officials, and ongoing cases, ensuring they continue without disruption.
  • Validates the continuation of existing legal procedures and practices until new laws or structures are introduced.
  • Operates until the new judicial system (such as High Courts and the Supreme Court) is fully functional under the Constitution.

Article 375 of Indian Constitution Significance

  • Played a key role in ensuring a smooth transition from colonial to constitutional governance.
  • Prevented delays and uncertainty in the administration of justice during the early years of independence.
  • Maintained public confidence in the legal system by ensuring continuity and stability.
  • Acted as a bridge between the old judicial system and the new constitutional framework.
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