Existing law
Also called: Pre-constitutional law, Law in force
Under Article 366(10), any law, Ordinance, order, bye-law, rule or regulation passed or made before the Constitution commenced by a body or person having power to make it.
Explained
Article 366(10) of the Constitution defines existing law as any law, Ordinance, order, bye-law, rule or regulation passed or made before the commencement of this Constitution by any Legislature, authority or person having power to make such a law, Ordinance, order, bye-law, rule or regulation. The definition covers pre-1950 instruments of every rank, but only if the maker had power to make them.
The Constitution keeps such laws alive. Article 372(1) continues all the law in force in the territory of India immediately before the commencement, subject to the other provisions of the Constitution, until altered, repealed or amended by a competent Legislature or authority. Article 372(2) allowed the President to adapt or modify these laws, and clause (3) limited that power to three years from the commencement. Explanation I to Article 372 includes in law in force a law passed before the commencement though it, or parts of it, may not then have been in operation.
Existing law is subject to Part III. Under Article 13(1), laws in force before the commencement are void to the extent of their inconsistency with fundamental rights. Such a law is not wiped out; under the doctrine of eclipse it remains operative for past transactions and against non-citizens, and revives once a constitutional amendment removes the inconsistency. This differs from post-constitutional laws, which Article 13(2) treats as void from the start to the extent of the contravention.
The expression is used across the Constitution, for example in Article 305, which saves existing laws from Articles 301 and 303. Other statutes use the same words for their own purposes: Section 2(48) of the CGST Act, 2017 uses existing law for the tax laws in force before that Act. In an examination, read existing law in Article 366(10) together with Articles 13 and 372.
What the law says
(10) “existing law” means any law, Ordinance, order, bye-law, rule or regulation passed or made before the commencement of this Constitution by any Legislature, authority or person having power to make such a law, Ordinance, order, bye-law, rule or regulation;
Clause (10) defines existing law
(b) to prevent any competent Legislature or other competent authority from repealing or amending any law adapted or modified by the President under the said clause. Explanation I.— The expression “law in force” in this article shall include a law passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas.
Explanation II.— Any law passed or made by a Legislature or other competent authority in the territory of India which immediately before the commencement of this Constitution had extra-territorial effect as well as effect in the territory of India shall, subject to any such adaptations and modifications as aforesaid, continue to have such extra-territorial effect.
Explanation III.— Nothing in this article shall be construed as continuing any temporary law in force beyond the date fixed for its expiration or the date on which it would have expired if this Constitution had not come into force.
Explanation IV.— An Ordinance promulgated by the Governor of a Province under section 88 of the Government of India Act, 1935, and in force immediately before the commencement of this Constitution shall, unless withdrawn by the Governor of the corresponding State earlier, cease to operate at the expiration of six weeks from the first meeting after such commencement of the Legislative Assembly of that State functioning under clause (1) of article 382, and nothing in this article shall be construed as continuing any such Ordinance in force beyond the said period.
Continuance in force and adaptation of existing laws
(1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
(3) In this article, unless the context otherwise requires,—
Pre-constitutional laws inconsistent with Part III are void to that extent
[Nothing in articles 301 and 303 shall affect the provisions of any existing law except in so far as the President may by order otherwise direct; and nothing in article 301 shall affect the operation of any law made before the commencement of the Constitution (Fourth Amendment) Act, 1955, in so far as it relates to, or prevent Parliament or the Legislature of a State from making any law relating to, any such matter as is referred to in sub-clause (ii) of clause (6) of article 19.]
Saving of existing laws from Articles 301 and 303
(48) “existing law” means any law, notification, order, rule or regulation relating to levy and collection of duty or tax on goods or services or both passed or made before the commencement of this Act by Parliament or any Authority or person having the power to make such law, notification, order, rule or regulation;
Clause (48): a separate statutory meaning for tax laws
For the exam
- Article 366(10): law made before 26 January 1950 by a body or person having power to make it.
- Article 372 continues existing laws until altered, repealed or amended.
- President's power to adapt existing laws under Article 372(2) lasted three years.
- Article 13(1): pre-constitutional law void only to the extent of inconsistency with Part III.
- Doctrine of eclipse applies to such laws, which revive when the inconsistency is removed.
146 questions in the Law Maker question bank use this term. Practise Constitutional Law questions
Judgments
Related terms
- LawFor Article 13 of the Constitution, law includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having the force of law in India.
- The State (Article 12)For Part III of the Constitution, the Government and Parliament of India, the Government and Legislature of each State, and all local or other authorities in India or under the control of the Government of India.
- Union territoryAny Union territory specified in the First Schedule to the Constitution, including any other territory within India not specified in that Schedule. Article 366(30) of the Constitution.
- Ultra viresBeyond the powers. An act, rule or law made in excess of the authority conferred by the Constitution, the parent statute or a company's memorandum is ultra vires and void.
- Stare decisisTo stand by things decided. Courts follow earlier decisions on the same point of law, so that the law remains certain and consistent.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.