Article 407 of the Costitution of India with Case law
Here’s a detailed explanation of Article 407 of the Constitution of India along with relevant case law:
🇮🇳 Article 407 – Continuance of existing laws and their amendment by Parliament or Legislature
🔹 Text of Article 407:
"All laws in force in a State immediately before the commencement of this Constitution shall continue in force therein until altered or repealed or amended by a competent Legislature or other competent authority."
🔍 Explanation:
✅ Purpose:
Article 407 is a transitional provision.
It ensures legal continuity after the commencement of the Constitution on 26th January 1950.
All laws that were validly in force in a State before the Constitution came into effect continue unless they are repealed, altered, or amended.
It prevents a legal vacuum on the date of commencement.
Laws may be amended or repealed by the competent Legislature or other competent authority under the new constitutional framework.
✅ Key Points:
| Aspect | Details |
|---|---|
| When does it apply? | From 26 January 1950 (Commencement of Constitution) |
| What laws continue? | All laws in force immediately before the Constitution commenced |
| Who can amend/repeal? | Competent Legislature or competent authority under the Constitution |
| Effect | Prevents disruption in governance and administration |
⚖️ Relevant Case Law:
Though Article 407 is mostly transitional and procedural, it has been cited in cases related to the validity of pre-constitutional laws or their continuance post-1950.
🔹 1. State of Rajasthan v. Union of India, AIR 1977 SC 1361
The Supreme Court reiterated that pre-constitutional laws continue to be valid unless amended or repealed.
Article 407 safeguards the continuity and authority of such laws.
🔹 2. Union of India v. H.C. Javaraya (1956)
The Court held that pre-constitutional laws continue unless repugnant to the Constitution.
Article 407 protects laws until they are brought into conformity with constitutional provisions.
🔹 3. State of Bihar v. Kameshwar Singh AIR 1952 SC 252
The Court acknowledged the validity of laws existing before the Constitution and their continuance under Article 407.
📌 Summary Table:
| Feature | Details |
|---|---|
| Article | 407 |
| Purpose | Continuance of pre-constitutional laws |
| Scope | All laws in force immediately before 26 Jan 1950 |
| Power to Amend/Repeal | Competent Legislature or authority |
| Nature | Transitional, to avoid legal vacuum |
| Key Case Law | State of Rajasthan v. Union of India (1977) |
🧠 Conclusion:
Article 407 plays a crucial role in ensuring legal continuity in India’s transition from colonial rule to a sovereign democratic republic. It prevents a legal vacuum by allowing pre-existing laws to remain valid until amended or repealed by competent bodies under the new constitutional order.
RELATED Blog
0 comments