In India, the term "pre-Constitution" refers to the period before the adoption and enactment of the Indian Constitution, while "post-Constitution" refers to the period after its adoption. Here's an overview of pre-Constitution and post-Constitution laws in India
1. Pre-Constitution Laws
A. Historical Context
Before the adoption of the Constitution, India was ruled by various dynasties, empires, and in the more recent history, by the British colonial administration. During these periods, various sets of laws were formulated and implemented.
B. Laws During British Rule
From the mid-19th century to 1947, the British colonial administration enacted numerous laws and regulations in India. Examples include the Indian Penal Code (IPC) of 1860, the Indian Contract Act of 1872, and the Government of India Act of 1935. These laws formed the basis of the administrative and legal system in colonial India.
2. Post Constitution Laws
A. The Constitution of India
On 26th January 1950, the Constitution of India came into effect, marking the transition of India from a British colony to a sovereign democratic republic. The Constitution is the supreme law of the land, providing a framework for governance, delineating the structure, procedures, powers, and duties of the governmental institutions, and outlining the fundamental rights and duties of citizens.
B. Application of Pre-Constitution Laws
Article 372 of the Indian Constitution allows for the continuation of pre-existing laws (i.e., laws enacted before the commencement of the Constitution). However, these laws are subject to consistency with the Constitution. Any law that is inconsistent with the Constitution can be declared null and void.
C. Creation of New Laws
Post the adoption of the Constitution, the Indian Parliament (comprising the Rajya Sabha and the Lok Sabha) and State Legislatures have the authority to enact laws within their respective jurisdictions as defined by the Constitution.
D. Judicial Review
A significant post-Constitution development is the power of the judiciary to review laws. If any law, whether pre-Constitution or post-Constitution, is deemed to be inconsistent with the provisions of the Constitution, the courts have the authority to strike it down.
E. Amendments to the Constitution
The Constitution itself provides a mechanism for its amendment. Since its adoption, the Constitution has been amended multiple times to reflect changing socio-political realities, clarify interpretations, or introduce reforms.
In summary, while many pre-Constitution laws in India remain in force (subject to their consistency with the Constitution), the post-Constitution era has been characterized by a legal framework firmly grounded in the principles and provisions of the Indian Constitution. The Constitution serves as a guiding document for the creation of new laws and for the assessment of existing ones, ensuring that they align with the democratic and social justice principles enshrined in it.
