⚜Part XXI: Temporary Provisions ⚜

Notwithstanding anything in this Constitution, Parliament shall, during a period of five years from the commencement of this Constitution, have power to make laws with respect to the following matters as if they were enumerated in the Concurrent List, namely:

• (a) trade and commerce within a State in, and the production, supply and distribution of, cotton and woollen textiles, raw cotton, cotton seed, paper (including newsprint), food-stuffs (including edible oilseeds and oil), cattle fodder (including oil-cakes and other concentrates), coal (including coke and derivatives of coal), iron, steel and mica;
• (b) offences against laws with respect to any of the matters mentioned in clause (a), jurisdiction and powers of all courts except the Supreme Court with respect to any of those matters, and fees in respect of any of those matters but not including fees taken in any court;

1. Notwithstanding anything in this Constitution,—

• (a) the provisions of article 238 shall not apply in relation to the State of Jammu and Kashmir;
• (b) the power of Parliament to make laws for the said State shall be limited to—
• (i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and
• (ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify.

2. If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of clause (1) or in the second proviso to sub-clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.

Article 371 contains special provisions for different states including Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, and Goa. These provisions address specific regional concerns and historical circumstances.

1. Notwithstanding the repeal by this Constitution of the enactments referred to in article 395 but subject to the other provisions of this Constitution, all the law in force in the territory of India immediately before the commencement of this Constitution shall continue in force therein until altered or repealed or amended by a competent Legislature or other competent authority.

2. For the purpose of bringing the provisions of any law in force in the territory of India into accord with the provisions of this Constitution, the President may by order made before the expiration of three years from the commencement of this Constitution make such adaptations and modifications of such law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law.

The President may, for the purpose of removing any difficulties, particularly in relation to the transition from the provisions of the Government of India Act, 1935, to the provisions of this Constitution, by order direct that this Constitution shall, during such period as may be specified in the order, have effect subject to such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient.

This article provided for the transition of judges from the Federal Court to the Supreme Court and the transfer of pending cases from the Federal Court and the Privy Council to the Supreme Court.

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.

Notwithstanding anything in clause (2) of article 217, the Judges of a High Court in any Province holding office immediately before the commencement of this Constitution shall continue to hold office until the expiration of such period as the President may by order determine.

The Auditor-General of India holding office immediately before the commencement of this Constitution shall, unless he has elected otherwise, become the Comptroller and Auditor-General of India on the commencement of this Constitution and shall be entitled to receive from the Government of India such conditions of service as respects remuneration, leave and pension as the President may by order determine.

The members of a Public Service Commission for the Dominion of India holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the members of the Public Service Commission for the Union and shall, notwithstanding anything in clauses (1) and (2) of article 316 but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members.

These articles deal with various transitional matters including:

• Provisions for the first elections
• Transition of legislative bodies
• Special provisions for certain territories
• Adaptation of laws and regulations
• Continuity of administrative arrangements