Article 375

Article 375 of the Constitution of India is a transitional provision designed to maintain the continuity of governmental and judicial functions during the shift from colonial rule to constitutional democracy. It ensured that all courts, authorities, and officers operating before the commencement of the Constitution continued to discharge their duties without interruption, but under the authority of the new constitutional framework.

Background and Context

When the Constitution of India came into effect on 26 January 1950, the country underwent a massive transformation from a dominion under British rule to a sovereign democratic republic. This transition involved not only political and legislative changes but also a complete reorganisation of the administrative and judicial apparatus.
To prevent a disruption of governance, it was necessary to ensure that existing institutions — including courts, administrative bodies, and officers — continued to function until new arrangements were formally established under the Constitution. Article 375 was thus enacted as part of the transitional and temporary provisions (Part XXI) to safeguard administrative continuity and legal stability.

Scope and Application

Article 375 applies universally to all courts, authorities, and officers functioning within the territory of India before the commencement of the Constitution. This includes:

• Judicial bodies such as civil, criminal, and revenue courts;
• Administrative authorities functioning under pre-Constitution laws;
• Executive and ministerial officers serving under the former government; and
• Local and regional officers appointed under provincial or princely state administrations.

The Article mandates that all these entities and individuals would continue to perform their respective functions as before, but from that moment onwards, their authority and actions would derive validity only subject to the provisions of the Constitution of India.

Continuity of Judicial and Administrative Functions

Article 375 served to prevent any legal or administrative vacuum during the transition from the British legal order to India’s constitutional regime. Without this provision, the sudden termination of pre-existing officials or institutions could have caused widespread administrative paralysis and chaos.
By allowing courts and officers to continue performing their duties, the Article ensured:

• Continuity of legal proceedings: All pending cases, trials, and appeals could proceed without interruption.
• Administrative stability: Government departments and local bodies continued functioning smoothly.
• Preservation of public services: Officers remained in their posts, ensuring the uninterrupted delivery of public services.

This continuity was essential for maintaining public confidence and stability in the early days of independent India.

Subordination to Constitutional Provisions

While Article 375 continued the operation of pre-existing authorities, it did not grant them immunity from the Constitution. All such courts and officers were required to exercise their powers in conformity with the new constitutional order.
This marked a significant shift in the source of legal authority. Under British rule, courts and officers derived power from statutes enacted by the colonial legislature or royal prerogative. After 26 January 1950, their authority became subordinate to the Constitution of India, which became the supreme law of the land under Article 13.
Hence, Article 375 provided continuity in function but not in autonomy, firmly establishing that every authority now operated within constitutional boundaries.

Prevention of Administrative Disruption

One of the major objectives of Article 375 was to avoid disruption of public administration during the transition period. The newly independent nation faced the challenge of reorganising government structures while ensuring uninterrupted governance.
This Article ensured that:

• Law and order were maintained without any institutional gap.
• Government functioning continued at both central and provincial levels.
• Public confidence in governance was preserved.

The seamless continuation of official work and judicial processes helped India transition peacefully to a constitutional democracy without any administrative breakdown.

Relationship with Other Transitional Articles

Article 375 forms part of a larger constitutional mechanism designed to facilitate the transition from the colonial to the constitutional system. Related provisions include:

• Article 372: Continuance in force of existing laws until altered or repealed by competent authority.
• Article 374: Provisions relating to judges of the Federal Court and the transfer of pending proceedings to the Supreme Court.
• Article 376: Continuance in office of judges appointed before the Constitution’s commencement.
• Article 377: Transitional provisions regarding the Comptroller and Auditor-General of India.

Together, these articles created a framework ensuring that every branch of the government — legislative, executive, and judicial — continued to function effectively during the transition.

Principle of Legal Continuity

Article 375 embodies the principle of legal continuity, a fundamental doctrine recognised in constitutional transitions across the world. It acknowledges that the authority of existing institutions must persist temporarily to prevent governance collapse, even as ultimate sovereignty shifts to a new constitutional order.
By maintaining this continuity, India avoided the administrative dislocation that often accompanies regime change. Simultaneously, the Article reinforced the supremacy of the Constitution by subjecting all continued functions to its provisions, thereby ensuring that continuity did not conflict with constitutional supremacy.

Judicial Perspective and References

There is no landmark Supreme Court judgment exclusively interpreting Article 375. However, it has been referenced in constitutional cases dealing with continuity of laws and authorities after the Constitution came into force. Courts have often cited it in conjunction with Article 372, emphasising that pre-Constitution laws and officials remained valid until modified by the competent legislature or authority.
Such judicial references underline that Article 375 was instrumental in upholding the legitimacy of actions taken by officials and courts during the immediate post-Constitution period.

Powers of Parliament and State Legislatures

Article 375 does not curtail the legislative competence of Parliament or State Legislatures. Both retain full power to alter, amend, or repeal the functions, structure, or jurisdiction of any authority or officer in accordance with the Constitution.
Thus, while the Article provides temporary continuity, it does not freeze the administrative or judicial framework in its colonial form. It allows for gradual transformation under constitutional authority while ensuring that no administrative gap occurs during the process.

Significance in Constitutional and Administrative Law

In the study of constitutional and administrative law, Article 375 holds enduring relevance as a provision that preserved institutional functionality and legal order at a critical juncture in India’s history. It ensured that all officers and authorities — irrespective of whether they were appointed under the British Government or princely states — continued in service until replaced or reappointed under constitutional provisions.
This pragmatic approach reflected the Constitution’s balance between continuity and change — maintaining necessary administrative stability while ushering in a new democratic framework based on the rule of law.

Legacy and Importance

Article 375 played a crucial role in ensuring a peaceful and stable transition from colonial governance to constitutional administration. By sustaining the operation of courts, authorities, and officers under the new constitutional order, it safeguarded public administration, upheld the continuity of justice, and reinforced the authority of the Constitution as the supreme law of India.