Courts, authorities and officers to continue to function subject to the provisions of the Constitution
Quick Summary (TL;DR)
Article 375 (Courts, authorities and officers to continue to function subject to the provisions of the Constitution): Special, transitional, and regional development provisions under Part XXI.
In Simple Citizen Words
Article 375 ('Courts, authorities and officers to continue to function subject to the provisions of the Constitution') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: 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...
Key Constitutional Provisions
Constitutional Mandate (Art. 375): Directly codifies the legal rule for 'Courts, authorities and officers to continue to function subject to the provisions of the Constitution' under Part XXI
Sets a direct, self-contained constitutional command binding on public authorities across India
Any administrative or legislative action violating Article 375 can be challenged before the High Court (Art. 226) or Supreme Court
Exceptions & Reasonable Restrictions
Under Article 372(1), all pre-Constitution laws continue in force only 'subject to the other provisions of this Constitution'—meaning any colonial-era law violating Fundamental Rights can be struck down under Article 13 (as in Navtej Singh Johar, 2018).
Why This Matters in Daily Life
Accommodates India's regional diversity and ensures seamless legal continuity from 1950 to the modern Republic.
Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates: