Part XXI - Temporary, Transitional and Special Provisions • Article

Article 375 Simplified: Courts, authorities and officers to continue to function subject to the provisions of the Constitution

Article 375 ensured that all existing courts, government bodies, and public officials (police, magistrates, civil servants) continued to work and perform their daily duties without interruption when the Constitution took effect. They simply had to perform their duties in accordance with the new constitutional principles.

Official Text

All courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of India, shall continue to exercise their respective functions subject to the provisions of this Constitution.

Simple Meaning

Explain Like Ten

When the Constitution started, police officers, judges, and civil servants did not lose their jobs. This rule said they all must keep working and doing their jobs, but now they must follow the new Constitution rules.

Student Mode

Article 375 is a vital administrative continuity clause. It mandates that all civil, criminal, and revenue courts, all executive authorities, and all ministerial officers throughout the territory of India continue to exercise their respective functions, subject to the provisions and supremacy of the Constitution of India.

Example

A district magistrate in post on January 25, 1950, did not lose their office on Republic Day. Under Article 375, they remained in office on January 26, but their powers had to respect the new Fundamental Rights of citizens.

Key Takeaway

Ensured administrative stability by allowing all civil, criminal, and revenue courts and public officers to continue functioning under the new constitutional system.

FAQs

Why was Article 375 necessary?

A change in a nation's basic law could theoretically nullify the legal status of existing officers and courts. Article 375 ensured that the daily machinery of local administration (police, courts, revenue collectors) remained legally intact and functional during the transition.

What does 'subject to the provisions of this Constitution' mean?

It means that while officers and courts keep their powers, they can no longer exercise them in a way that violates constitutional rights. For instance, a police officer cannot use colonial powers that violate Article 19 or Article 21.

Quiz

Article 375 maintains the functioning of which of the following?

Answer: All civil, criminal, and revenue courts, and public officers in India

The continuation of public officers' functions under Article 375 is subject to what?

Answer: The provisions of the Constitution