What is Article 375 of Indian Constitution – Defination & Meaning

Article 375: Courts, authorities and officers to continue to function subject to the provisions of the Constitution All courts of civil, criminal and revenue
📅 Part XXI – Temporary, Transitional and Special Provisions
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Article Number

375

part

Part XXI – Temporary, Transitional and Special Provisions

Status

Active

Bare Acts Text

Article 375: 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.
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Full Definition & Explanation

Article 375 of the Indian Constitution ensures that all courts, authorities, and officers in India continue to function according to the Constitution’s provisions. This means that civil, criminal, and revenue courts, along with various governmental authorities, must operate within the framework established by the Constitution. The article emphasizes that the judicial and administrative systems are not standalone entities; rather, they must align with constitutional mandates, ensuring fairness and legality in their actions. This article affects a wide range of entities including judges, government officials, and administrative authorities. For instance, if a court makes a ruling, it must adhere to constitutional principles, protecting citizens’ rights. This provision also applies to various authorities like local government bodies and revenue officials, ensuring they act lawfully. However, exceptions can arise if specific laws or constitutional amendments provide different guidelines, allowing for flexibility in certain scenarios. The real-world impact of Article 375 is profound. It creates a system where the rule of law prevails, meaning the actions of courts and authorities must be justified under constitutional law. In practice, this ensures accountability, as any unlawful action can be challenged in higher courts. Therefore, it serves as a foundational pillar for justice and governance, reinforcing that all state actions are subject to constitutional scrutiny. This helps maintain trust in the legal system, allowing citizens to seek recourse if their rights are violated.

Historical Context

Article 375 was included in the Constitution when it was originally adopted in 1950. During the Constituent Assembly debates, members emphasized the need for a legal framework that upholds the Constitution’s supremacy. The article has not been significantly amended since its inception, reflecting the enduring importance of judicial accountability. Supreme Court interpretations, such as in the Kesavananda Bharati case in 1973, further clarified its relevance, establishing that all governmental functions must adhere to constitutional principles. This reinforces the necessity for courts and authorities to act within the law.

Key Features

– Article 375 mandates that all courts operate under constitutional provisions.
– It applies to civil, criminal, and revenue jurisdictions across India.
– Judicial, executive, and ministerial officers must adhere to the Constitution.
– The article ensures accountability of authorities in their functions.
– It reinforces the rule of law in the Indian legal system.

Importance & Impact

– Article 375 ensures all judicial actions comply with constitutional law principles.
– This article protects citizens’ rights by requiring lawful actions from government authorities.
– It maintains judicial independence, ensuring courts operate within constitutional guidelines.
– The article fosters public trust in legal and governmental systems through accountability.
– It guarantees that all authorities are accountable for their decisions and actions.

Sample UPSC Question

Consider the following statements regarding Article 375 of the Indian Constitution: 1. It applies to all types of courts and authorities in India. 2. It permits courts to act independently, without regard for constitutional provisions. 3. This article emphasizes the accountability of judicial actions. Which of the following statements is/are correct? A) 1 only B) 2 and 3 only C) 1 and 3 only D) 1, 2, and 3

Answer

The correct answer is A) 1 only. Article 375 mandates that all courts and authorities operate under the Constitution. Options B and D are incorrect, as they misinterpret the article’s requirement for courts to follow constitutional guidelines, ensuring judicial accountability.

Key Takeaways

✓ Article 375 mandates adherence to the Constitution by all courts.
✓ It applies to various judicial and administrative authorities nationwide.
✓ This article emphasizes accountability and responsibility in government functions.
✓ It safeguards citizens’ rights through lawful governance and fair practices.
✓ Judicial independence is key for maintaining integrity in the legal system.

FAQs

Article 375 of the Indian Constitution ensures that all courts, authorities, and officers in India continue to function according to the Constitution’s provisions. This means that civil, criminal, and revenue courts, along with various governmental authorities, must operate within the framework established by the Constitution. The article emphasizes that the judicial and administrative systems are not standalone entities; rather, they must align with constitutional mandates, ensuring fairness and legality in their actions.

However, exceptions can arise if specific laws or constitutional amendments provide different guidelines, allowing for flexibility in certain scenarios. The real-world impact of Article 375 is profound. It creates a system where the rule of law prevails, meaning the actions of courts and authorities must be justified under constitutional law.

In practice, this ensures accountability, as any unlawful action can be challenged in higher courts. Therefore, it serves as a foundational pillar for justice and governance, reinforcing that all state actions are subject to constitutional scrutiny. This helps maintain trust in the legal system, allowing citizens to seek recourse if their rights are violated.

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Pramod Editor-in-Chief

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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