Law in Force

The term “Law in Force” refers to any law, rule, regulation, ordinance, or statutory provision that is currently valid, operative, and legally binding within a particular jurisdiction. In other words, a law in force is a law that has been duly enacted, promulgated, or notified and has not been repealed, suspended, or declared unconstitutional. It is applicable to all persons or matters within its territorial and subject-matter jurisdiction from the date of its commencement until it is lawfully repealed or expires.
This expression frequently appears in constitutional provisions, statutory interpretation, and transitional legislative contexts, especially when determining which laws continue to operate after the enactment of a new constitution or amendment.

Meaning and Scope

“Law in force” broadly encompasses all legislative instruments that have the force of law at a given time. These include:

• Acts of Parliament or State Legislatures that are currently effective.
• Ordinances promulgated by the President or Governors.
• Statutory rules, notifications, and bye-laws made under delegated authority.
• Customs and usages recognised by courts as having the force of law.
• Judicial decisions that have precedential value until overruled.

A law is said to be “in force” when it has:

1. Been duly enacted or issued by a competent authority.
2. Commenced operation as per its commencement clause or notification.
3. Not been repealed, amended, or invalidated by a court of law.

Constitutional Usage in India

The phrase “law in force” appears in several provisions of the Constitution of India, indicating laws that continue to operate notwithstanding the transition from colonial to constitutional governance.
Key examples include:

• Article 13(3)(b): Defines “law in force” as including laws passed or made by a legislature or other competent authority in the territory of India before the commencement of the Constitution and not previously repealed.
• Article 372(1): Provides for the continuance of all existing laws in force before the commencement of the Constitution until altered or repealed by competent authority.
• Article 366(10): Refers to “existing law” as any law in force before the commencement of the Constitution.

Thus, under the Indian constitutional scheme, laws enacted prior to 26 January 1950 (e.g., colonial statutes or princely state laws) remained “in force” provided they were consistent with the Constitution, particularly Fundamental Rights.

Judicial Interpretation

The judiciary has clarified the meaning and application of “law in force” in several significant cases:

• Deep Chand v. State of Uttar Pradesh (1959)The Supreme Court held that “law in force” in Article 13(1) includes not only laws that were enacted before the Constitution but also those that were operative or enforceable at the time of its commencement.
• State of Bombay v. F.N. Balsara (1951)The Court observed that a law inconsistent with Fundamental Rights becomes void to the extent of inconsistency from the date of commencement of the Constitution, though it may remain valid for pre-Constitution transactions.
• Keshavan Madhava Menon v. State of Bombay (1951)The Court clarified that laws in force before the Constitution are not void ab initio, but merely unenforceable prospectively insofar as they contravene Fundamental Rights.

These judgments affirm that “law in force” refers to all existing operative laws immediately before or after the Constitution came into effect, subject to their constitutional validity.

Distinction Between “Law in Force” and “Law Made”

A distinction exists between a law made and a law in force:

Hence, not every “law made” is automatically “in force” until its commencement date is notified or prescribed.

Commencement and Continuance of Law

The commencement of a law determines when it comes into force. This may be:

• On enactment, if no specific date is mentioned.
• On a notified date, as specified by government notification.
• Partially enforced, if different provisions come into operation on different dates.

Similarly, the continuance of law depends on its survival through constitutional and legislative changes. Article 372 of the Constitution ensures continuity of pre-existing laws, preventing any legal vacuum during constitutional transition.

“Law in Force” under Article 13

Under Article 13(1) of the Indian Constitution:

“All laws in force in the territory of India immediately before the commencement of this Constitution, insofar as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.”

Here, “law in force” includes:

• Statutes enacted by British or princely authorities before 1950.
• Rules, regulations, or orders issued under statutory powers.
• Customs and usages having the force of law.

However, such laws remain valid to the extent that they are consistent with Fundamental Rights. This ensures constitutional supremacy over pre-existing or conflicting legal provisions.

Examples of Laws “in Force”

• The Indian Penal Code (IPC), 1860 — enacted during British rule but still in force with amendments.
• The Transfer of Property Act, 1882, and Indian Contract Act, 1872 — continue to operate as laws in force.
• The Prevention of Corruption Act, 1988 — a law in force governing corruption-related offences.
• The Information Technology Act, 2000 — a modern example of legislation currently in force.

Each of these remains operative until repealed or replaced by a new statute.

Importance and Legal Implications

Understanding the term “law in force” is crucial in several legal contexts:

1. Constitutional Supremacy – Determines which pre-constitutional laws survive after the Constitution’s commencement.
2. Legislative Continuity – Ensures that governance and justice continue smoothly without legal vacuum.
3. Judicial Review – Enables courts to test whether existing laws conform to constitutional norms.
4. Interpretation of Rights – Assists in applying new fundamental rights to old laws.
5. Transitional Provisions – Clarifies applicability of repealed or amended laws to pending cases or actions.

“Law in Force” and Repeal

A law ceases to be “in force” when it is:

• Expressly repealed by subsequent legislation.
• Impliedly repealed due to inconsistency with a later law.
• Declared unconstitutional by a competent court.
• Expired, in the case of temporary statutes.