Article 428 of the Costitution of India with Case law
Article 428 of the Constitution of India
Title: Power to Adapt Laws
🔹 Text of Article 428 (Original Constitution Text):
"Where a State has been specified in Part B of the First Schedule, the President may by order make such adaptations and modifications of any law made before the commencement of this Constitution as may be necessary or expedient for the purpose of bringing the provisions of such law into accord with the provisions of this Constitution and of facilitating its application in relation to the State, and any such order may be made before the expiration of two years from such commencement, and have effect accordingly."
✅ Explanation of Article 428:
Purpose: Article 428 empowered the President of India to adapt and modify pre-Constitution laws so they could be aligned with the Constitution when it came into force in Part B States (e.g., Hyderabad, Mysore, Travancore-Cochin, etc.).
Scope: It applied only to Part B states, which were princely states merged into India after Independence.
Time Limit: The President could issue such adaptation orders within two years of the Constitution's commencement (i.e., until 26 January 1952).
📜 Status of Article 428:
Now obsolete and not in active use.
It was a transitional provision, meant only for the initial phase of integrating Part B states into the constitutional framework.
After States Reorganisation Act, 1956 and constitutional amendments, Part A, B, and C states were merged into a single category—this rendered Article 428 functionally redundant.
🧾 Relevant Background (Part B States):
Part B States were princely states and former Indian states governed by Indian rulers, which acceded to the Indian Union post-independence. Examples include:
Hyderabad
Jammu and Kashmir
Mysore
Travancore-Cochin
The integration of these required legal adaptations of earlier laws for consistency with the Constitution.
⚖️ Case Law:
There are no landmark Supreme Court rulings directly interpreting Article 428, because:
It was a transitory provision with a limited 2-year window.
It was used via Presidential orders (like the Adaptation of Laws Orders) and not typically litigated.
However, courts have recognized the legitimacy of adaptation orders issued under this and similar provisions when discussing the constitutional continuity of laws.
📌 Conclusion:
| Feature | Detail |
|---|---|
| Article | 428 |
| Purpose | To adapt pre-Constitution laws for Part B States |
| Authority | President of India |
| Status | Obsolete (transitional; valid only up to 1952) |
| Key Impact | Helped integrate princely states into India's legal framework |
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