Article 430 of the Costitution of India with Case law
Article 430 of the Constitution of India is part of the Transitional Provisions in Part XXI of the Constitution. These provisions were framed to facilitate India's transition from British rule to a sovereign democratic republic after the Constitution came into force on 26th January 1950.
🧾 Article 430 – Power of President to make orders
🔹 Text of Article 430:
"Until both Houses of Parliament have been duly constituted and summoned to meet for the first session under the provisions of this Constitution, the President may, by order, make such adaptations and modifications of any law as may be necessary or expedient for the purpose of bringing the provisions of that law into accord with the provisions of this Constitution and every such order shall have effect subject to any enactment of the appropriate Legislature."
📌 Explanation of Article 430
| Feature | Details |
|---|---|
| Purpose | To allow the President to modify or adapt existing laws to align with the provisions of the Constitution before Parliament was fully formed. |
| Context | When the Constitution came into force on 26th January 1950, Parliament (Lok Sabha and Rajya Sabha) had not yet been elected and convened. |
| Temporary Power | This was a temporary provision that ceased to have effect once both Houses of Parliament were duly constituted and summoned. |
| Scope of Power | The President could issue orders for: |
Adapting colonial-era laws,
Removing inconsistencies with the Constitution,
Making laws workable in the new constitutional framework.
⚖️ Relevance in Case Law
Because Article 430 was a temporary and transitional provision, there is no major Supreme Court case that directly interprets or disputes Article 430 post-1950.
However, its function was similar to Article 372, which also allowed for continuation and adaptation of pre-Constitution laws. Legal discussions during early constitutional years often referred to the adaptation of laws by presidential order under both Articles 372(2) and 430.
✅ Summary Table
| Feature | Detail |
|---|---|
| Article | 430 |
| Part | XXI – Temporary, Transitional, and Special Provisions |
| Power Given To | President of India |
| Purpose | Modify/adapt existing laws to align with the Constitution until Parliament was fully formed |
| Status Today | Obsolete – was used only during the initial transition period (1950–1952) |
| Related Articles | Article 372(2), Article 395 (Repeals), Article 394 (Commencement) |
| Case Law | No significant case law directly based on Article 430 |
🔍 Key Takeaway
Article 430 was a transitional tool that empowered the President to adapt laws during India’s shift from colonial rule to a constitutional democracy. While not in use today, it played a key role in shaping the initial legal continuity after the Constitution came into effect.
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