Consider the following statements with reference to the Constitution of India : 1. There is no Article in the Constitution of India that specifies that the Constitution of India will be officially called the 'Constitution of India'. 2. There is no Article in the Constitution of India that specifies that the Indian Independence Act, 1947 and the Government of India Act, 1935 stand repealed. 3. There is no Article in the Constitution of India that mentions 26th January, 1950 as the date of the commencement of the Constitution of India. Which one of the following conclusions based on the above statements is correct?
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- AAll three statements are correct.
- BThere is no correct statement.
- CThere are two correct statements that include statement 3.
- DThere is only one correct statement.
Show answer
Answer: (B) There is no correct statement.
The correct answer is There is no correct statement.
Key Points
- Statement 1 is incorrect. Article 393 is the "Short Title" article. It plainly says, "This Constitution may be called the Constitution of India." So the official name is fixed by the Constitution itself.
- Statement 2 is incorrect. Article 395 deals with "Repeals". It repeals the Indian Independence Act, 1947 and the Government of India Act, 1935, along with all laws that amended or supplemented the 1935 Act — except the Abolition of Privy Council Jurisdiction Act, 1949.
- Statement 3 is incorrect. Article 394 deals with "Commencement". A few articles came into force on 26th November 1949, and the rest came into force on the twenty-sixth day of January, 1950. The article also says this day is what the Constitution means by the "date of commencement".
Additional Information
- All three articles sit in Part XXII of the Constitution, titled 'Short Title, Commencement, Authoritative Text in Hindi and Repeals'.
- Article 394A was added by the 58th Constitutional Amendment Act, 1987. It requires the President to publish the authoritative text of the Constitution in Hindi.
- Interim provisions: Though the full Constitution began in 1950, Article 394 made the provisions on citizenship (Articles 5–9), elections (Article 324) and the provisional parliament (Articles 379–391) effective right from adoption on 26 November 1949.
- Legal transition: Article 395 was important to make a clean legal break from British Parliamentary sovereignty and to make the Indian Constitution the supreme source of law in the country.
Articles 393, 394, and 395 are the final three articles of the Constitution that deal with its official name, commencement date, and which British laws it repealed.
These specific constitutional provisions likely became exam-relevant due to increased focus on constitutional literacy and foundational knowledge following recent constitutional anniversary celebrations.
UPSC is testing whether students know the Constitution explicitly addresses its own legal identity and transition from British rule, not just governance structures.
Part XXII - Final Provisions
Indian Polity Constitution of India 26th January, 1950 Indian Independence Act, 1947 Government of India Act, 1935
Part XXII: Short Title, Commencement & Repeals - Articles 393-395
Article 393 officially names the Constitution as 'Constitution of India'
Article 394 specifies 26th January 1950 as commencement date
Article 395 repeals Indian Independence Act 1947 and Government of India Act 1935
All three articles are in Part XXII - final provisions of Constitution
Constitutional Context
Part XXII contains the Constitution's final provisions that establish its legal identity, effective dates, and relationship with preceding laws. These three articles create a clean legal transition from British colonial legislation to India's sovereign Constitution.
Key Articles in Part XXII
Article | Title | Key Provision | Significance |
|---|---|---|---|
393 | Short Title | Constitution may be called Constitution of India | Official name specified |
394 | Commencement | Most provisions effective 26th January 1950 | Republic Day origin |
394A | Hindi Text | President to publish authoritative Hindi text | Added by 58th Amendment 1987 |
395 | Repeals | Repeals Independence Act 1947 & GoI Act 1935 | Legal continuity broken |
Article 394 - Staged Commencement
Immediate effect (26 November 1949): Articles on citizenship (5-9), elections (324), and provisional parliament (379-391)
Full effect (26 January 1950): All remaining provisions came into force
Republic Day significance: Article 394 establishes why 26 January is celebrated as Republic Day
Legal definition: The Constitution itself defines what 'commencement date' means
Article 395 - Legal Transition
Complete repeal: Both Indian Independence Act 1947 and Government of India Act 1935 fully repealed
Supplementary laws: All amending and supplementing Acts of GoI Act 1935 also repealed
One exception: Abolition of Privy Council Jurisdiction Act 1949 was NOT repealed
Sovereignty shift: Broke legal continuity with British Parliamentary supremacy
Question Connection
This question tested whether students know these final articles exist and what they contain. All three statements were incorrect because the Constitution explicitly addresses each matter in Part XXII.
Trap: Assuming Constitution doesn't name itself - Article 393 does specify 'Constitution of India'
Trap: Thinking commencement date isn't mentioned - Article 394 explicitly states 26 January 1950
Trap: Believing old Acts weren't formally repealed - Article 395 specifically repeals them
Memory aid: Part XXII = 393 (Name), 394 (Date), 395 (Repeal) - chronological order
Constitution Commencement Timeline
Indian Polity 26th January, 1950 26th November 1949
Constitution of India: Adoption vs Commencement Timeline
Constitution adopted on 26 November 1949 by Constituent Assembly
Full Constitution commenced on 26 January 1950 - Republic Day
Some articles became effective immediately on adoption date
Constitutional Timeline
%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
s1["`**26 November 1949**
Constitution **adopted** by Constituent Assembly. Selected articles on citizenship, elections, provisional parliament become effective immediately.`"]
s2["`**Interim Period**
**Dominion status** continues. Provisional parliament functions under selected Constitutional provisions.`"]
s3["`**26 January 1950**
**Full Constitution commences**. India becomes a **Republic**. All remaining articles become effective.`"]
s4["`**Republic Day**
**26 January** chosen to honor 1930 **Purna Swaraj** declaration by Congress.`"]
s1 --> s2
s2 --> s3
s3 --> s4Immediate vs Delayed Provisions
Effective Date | Articles | Subject Matter | Purpose |
|---|---|---|---|
26 Nov 1949 | 5-9 | Citizenship | Define who are Indian citizens |
26 Nov 1949 | 324 | Election Commission | Prepare for general elections |
26 Nov 1949 | 379-391 | Provisional Parliament | Bridge period governance |
26 Jan 1950 | All others | Complete Constitution | Full republican government |
Why January 26th
Historical significance: 26 January 1930 - Congress declared Purna Swaraj (complete independence)
Symbolic choice: Constituent Assembly deliberately chose this date to honor the independence movement
Republic Day origin: This date marks India's transition from Dominion to Republic status
Legal precision: Article 394 specifically mentions 'twenty-sixth day of January, 1950'
Date confusion: Constitution adopted 26 Nov 1949, commenced 26 Jan 1950 - don't mix these
Partial commencement: Some articles worked from Nov 1949, not all waited till Jan 1950
Republic vs Independence: 15 Aug 1947 = Independence, 26 Jan 1950 = Republic
Indian Independence Act 1947
Indian Polity Indian Independence Act, 1947
Indian Independence Act 1947: Partition & Dominion Creation
British Parliament passed this Act on 18 July 1947
Created two Dominions - India and Pakistan from 15 August 1947
Article 395 of Indian Constitution repealed this Act completely
Act Overview
The Indian Independence Act 1947 was the British Parliament's legislation that partitioned British India into two independent Dominions. It provided the legal framework for the transfer of power and governance structures during the transition period.
Key Provisions
Partition: Created two separate Dominions - India and Pakistan effective 15 August 1947
Dominion status: Both countries initially remained Dominions under British Crown, not republics
Governor-General: Each Dominion to have a Governor-General appointed by the Crown
Constituent Assemblies: Both Dominions could frame their own Constitutions through Constituent Assemblies
Boundary demarcation: Radcliffe Commission to draw boundaries between the two Dominions
Constitutional Transition
Period | Status | Legal Basis | Head of State |
|---|---|---|---|
Pre-15 Aug 1947 | British Colony | Government of India Act 1935 | British Crown via Viceroy |
15 Aug 1947 - 26 Jan 1950 | Dominion | Indian Independence Act 1947 | British Crown via Governor-General |
Post-26 Jan 1950 | Republic | Constitution of India | President of India |
Repeal & Legal Continuity
Complete repeal: Article 395 of Indian Constitution repealed this Act entirely on 26 January 1950
Legal break: India ceased to be a Dominion and became a sovereign Republic
Crown connection severed: No longer under British Crown, President became Head of State
Constitutional supremacy: Indian Constitution became the supreme law, replacing British Parliamentary sovereignty
Date precision: Act passed 18 July 1947, effect from 15 August 1947
Dominion vs Republic: 1947-50 India was a Dominion, became Republic only in 1950
Repeal clarity: Article 395 specifically mentions this Act was repealed
Government of India Act 1935
Indian Polity Government of India Act, 1935
Government of India Act 1935: Last Major Colonial Constitution
Longest Act ever passed by British Parliament with 451 sections
Introduced Federal structure and Provincial Autonomy in India
Article 395 repealed this Act along with all its amendments
Historical Context
The Government of India Act 1935 was the British Parliament's response to growing Indian nationalism and constitutional demands. It was based on recommendations of the Simon Commission and Round Table Conferences, introducing the most extensive constitutional reforms in colonial India.
Key Features vs Indian Constitution
Feature | GoI Act 1935 | Constitution of India | Adoption Status |
|---|---|---|---|
Federal Structure | Introduced federal system | Adopted federal structure | ✓ Adopted |
Provincial Autonomy | Provinces got limited autonomy | States have substantial autonomy | ✓ Enhanced |
Emergency Powers | Extensive emergency provisions | Emergency provisions retained | ✓ Adopted |
Governor's Role | Appointed by Crown | Appointed by President | ✗ Modified |
Fundamental Rights | No bill of rights | Comprehensive fundamental rights | ✗ Added |
Major Provisions
All-India Federation: Proposed federation of British Provinces and Princely States (never implemented)
Provincial Autonomy: Provinces got responsible government with elected ministries (implemented 1937)
Separate Electorates: Continued communal representation system for minorities
Federal Court: Established Federal Court as highest judicial authority
Emergency Powers: Extensive powers to Governor-General and Governors during emergencies
Repeal & Legacy
Article 395 repeal: Indian Constitution repealed GoI Act 1935 and all supplementary Acts
Legal continuity broken: Ended British Parliamentary sovereignty over Indian constitutional law
Structural influence: Many features like federalism and emergency powers were adapted
Administrative continuity: ICS, provincial boundaries, and legal system continued with modifications
Federal vs Provincial: All-India Federation never worked, but Provincial Autonomy did (1937-39, 1946-47)
Complete repeal: Not just GoI Act 1935, but all amending Acts were also repealed by Article 395
Influence vs continuity: Many features influenced Indian Constitution but legal continuity was broken