Subject to other provisions of the Constitution- means

The words “subject to other provisions of the Constitution” mean that if there is an irreconcilable conflict between the pre-existing law and a provision or provisions of the Constitution, the latter shall prevail to the extent of that inconsistency.

An article of the Constitution by its express terms may come into conflict with a pre-Constitution law wholly or in part; the said article or articles may also by necessary implication, come into direct conflict with the pre-existing law.

It may also be that the combined operation of a series of articles may bring about a situation making the existence of the pre-existing law incongruous in that situation. Whatever it may be, the inconsistency must be spelled out from the other provisions of the Constitution and cannot be built upon the supposed political philosophy underlying the Constitution. These observations are necessitated by the reliance of Mr. Nambiar on two decisions of the Supreme Court of the United States of America. In Chicago, Rock Island and PacificPacific Australia and New Zealand Australia Christmas Island Cocos (Keeling) Islands New Zealand Norfolk Island Melanesia Fiji New Caledonia Papua New Guinea Solomon Islands Vanuatu Micronesia Guam Kiribati Marshall Islands Micronesia Nauru Northern Mariana Islands Palau Polynesia American Samoa Cook Islands French Polynesia Niue Pitcairn Samoa Tokelau Tonga Tuvalu Wallis and Futuna Railway Co. v. William McGlinn, (1884) 29 LawLaw Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Ed 270 the facts, briefly were: The Act of Kansas purported to cede to the United States exclusive jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. over the Fort Leavenworth Military Reservation. In considering the question whether the previous laws continued after the said cession, the Supreme court of the United States of America made a distinction between laws of political character and municipal laws intended for the protection of private rights, but we are not concerned with that question in this case; and indeed the law of IndiaIndia Bharat Varsha (Jambu Dvipa) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । Read more appears to be different from that of America in that regard. But what is relied upon is the effect of cession pre-existing laws which are in conflict with the political character, institution and Constitution of the new Government. Field J., speaking for the Court observed, at page No. 272, as follows:

“As a matter of course, all laws, ordinances and regulations in conflict with the political character, institution and Constitution of the new government are at once displaced. Thus, upon a cession of political jurisdiction and legislative power – and the latter is involved in the former-to the United States, the laws of the country in support of an established religionReligion ‘The word ‘Religion’ -Re Legion- A group or Collection or a brigade, is a social-cultural construction and Substantially doesn’t exist. Catholic religion is different from Protestant religion. It is not Dharma. or abridging the freedom of the press, or authorizing cruel and unusual punishments, and the like, would at once cease to be of obligatory force without any declaration to that effect; and the laws of the country on other subjects would necessarily be superseded by existing laws of the new government upon the same matters.”

16. The same view was reiterated by the Supreme Court of the United States of America in a later decision in Vilas v. City of Manila, (1910) 55 Law Ed 491. We are not concerned in this case with the general principles enunciated by the law of America, but only with the express provisions of Art. 372 of our Constitution. That apart, it may also be inappropriate to rely upon the legal consequencesLegal relations It is established law that in the domestic or social context, there is a presumption that the parties do not intend for legal consequences to follow and hence do not intend to create legal relations, which imposes the burden of proof on the party seeking to enforce the agreement to prove that the parties did in fact intend for their arrangement to have legal consequences. A domestic arrangement in which prima facie attracts the presumption gave rise to an enforceable contract, then he must plead that the parties had the requisite intention to create legal relations, and also plead the material facts sustaining that assertion. of a cession of a State under the American law for the interpretation of Art. 372 of our constitution, which deals with a different situation and lays down expressly the legal position to meet the same.[South India Corporation (P) Ltd Vs Secretary, Board of Revenue, Trivandrum and another AIR 1964 SC 207]