India’s independence brought about monumental changes in governance . One of the key challenges was transitioning from the colonial administrative setup to a sovereign democratic framework without disrupting governance . Article 375 of Indian Constitution played a crucial role during this shift .

It served as a stabilizing force by ensuring that all existing courts, officers and authorities would continue functioning subject to the new Constitution . Without such a provision India could have faced institutional vacuum or collapse of public systems .

Under part XXI, Article 375 of Constitution of India became one of the important transitory provisions to enable seamless functioning of government institutions in independent India. This article helped maintain law and order, preserved judicial processes, and assured citizens that the rule of law would continue uninterrupted.

In this article, we will explore the exact legal text, simplify its interpretation, examine important cases, and understand the broader significance of Article 375 of the Indian Constitution.  Explore in-depth analysis of other Constitutional Articles.

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

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.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

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Under the Indian Constitution , Article 375 addresses the continuity of functions for various entities. Specifically, it ensures that all courts, authorities, and officers continue to perform their respective functions subject to the provisions of the Constitution, throughout the territory of India. This includes judicial, executive, and ministerial officers.

Elaboration: Article 375 of Constitution is part of the "Transitory and Special Provisions" of the Constitution. Its primary purpose is to facilitate a smooth transition from the existing legal and administrative framework to the new constitutional setup.Here's a breakdown of what the article entails:

• Continuity of Functions: It mandates that all entities previously functioning under laws like the Government of India Act, 1935, would keep working.
• Subject to the Constitution: These bodies must now act within the bounds of the Constitution.
• Territorial Scope: Applies across the entire nation.
• Inclusive Coverage: Encompasses all courts (civil, criminal, and revenue), authorities (like tribunals), and officers (judicial, executive, and ministerial).

In simple terms, Article 375 of the Indian Constitution ensured the machinery of governance did not halt, enabling a lawful and stable transition into constitutional democracy.

Article 375 of Indian Constitution: Landmark Cases 

Although Article 375 of Indian Constitution itself has not been directly litigated often, its principle of continuity forms the backdrop of several major judgments:

• S.R. Bommai v. Union of India (1994): The Court in this case of S.R. Bommai emphasized federalism and constitutional governance. The spirit of Article 375 of Constitution—ensuring continuity—resonates through this verdict.
• State of Rajasthan v. Union of India (1977) : The Supreme Court ruled on the Centre's power over states . Though not directly quoting Article 375 it reinforced the importance of uninterrupted institutional function .
• Union of India v. Madras Bar Association (2010): This case discussed the functioning of tribunals and independence of the judiciary. The logic of Article 375 of the Indian Constitution—preserving existing institutions under new rules—was crucial in this context.

The relevance of Article 375 of Indian Constitution lies in its ability to ensure administrative continuity and legal order . Imagine the chaos if all courts and government officers were suddenly rendered powerless on January 26, 1950 . Article 375 of Constitution prevented that.

This provision preserved institutional memory, stabilized the bureaucracy and guaranteed citizens that justice delivery and governance would go on without hiccups.

It also gave the Indian government enough breathing space to replace or amend outdated colonial laws over time rather than in haste. Article 375 of Constitution of India acted like a safety valve . It prevented governance breakdown during the nation’s most vulnerable time—its rebirth.

Additionally the clause emphasized constitutional supremacy. Though institutions continued, they could not override constitutional provisions. This reinforced the Constitution as the ultimate law of the land .

In short, Article 375 of the Indian Constitution ensured India didn’t have to reinvent its entire machinery overnight, offering stability during revolutionary change.

Article 375 of Indian Constitution: Developments and Amendments 

Since its inception, Article 375 of Indian Constitution has remained untouched by constitutional amendments. This shows that it fulfilled its transitional role effectively, without any need for further refinement.

While Article 375 of Constitution itself hasn’t changed, it paved the way for smoother implementation of related provisions like:

• Article 372: Which kept existing laws in force until modified.
• Article 376: Which addressed continuity in judicial appointments.
• Article 367: Which clarified constitutional interpretation.

Together, these articles created a stable legal environment for India’s new republic.

As the country progressed, many institutions functioning under older legal frameworks were updated through legislation. But this process was gradual and systematic—made possible by the foundation laid by Article 375 of the Indian Constitution.

Even today, the article is taught in law schools and discussed in constitutional discourse to showcase how transitional clauses protect governance during regime changes.

Its impact is visible not just in India, but also in how other transitioning democracies have modeled similar provisions in their constitutions. Therefore, although dormant in today’s legal system, Article 375 of Constitution of India remains a cornerstone of our constitutional heritage.

Conclusion

Article 375 of Indian Constitution is one of the Constitution’s most practical provisions. It prevented the collapse of the government apparatus at a time when the nation was transforming from colonial rule to a democracy.

It preserved continuity in the judicial, executive, and administrative branches. The article made sure that courts kept functioning, government orders were obeyed, and laws were enforced—even as the underlying legal order shifted drastically.

In essence, Article 375 of Constitution of India exemplifies constitutional foresight. It guaranteed that the transition to a constitutional regime did not paralyze governance. The article embraced the reality that while the vision had changed, the machinery needed time to adapt.

Today, although not frequently cited in courtrooms, the legacy of Article 375 of the Indian Constitution lives on in the functioning of the Indian state. It remains a silent guardian of India’s legal continuity and administrative stability.

By ensuring institutions didn’t stop while the Constitution started, Article 375 of Constitution acted as the bridge between the old and the new—firmly rooted in the ideals of democratic governance and rule of law.