Part XXII: Short Title, Commencement, Authoritative Text in Hindi, and Repeals

Article 395: Repeals

Original Article:

Article 395 repeals the Indian Independence Act, 1947, and the Government of India Act, 1935, along with related amendments, signifying India’s complete transition to sovereign governance under its Constitution.

Explanations:

Article 395 signifies a momentous step in India’s legal history, formally repealing colonial laws and establishing the Constitution of India as the supreme law of the land.

Clause-by-Clause Explanation:

Repeal of the Indian Independence Act, 1947

The Act that granted independence to India and Pakistan is formally repealed, marking the end of British legislative authority in India.

Repeal of the Government of India Act, 1935

This Act, which formed the legislative foundation of colonial governance in India, is nullified, signifying a break from the colonial past.

Exception: Abolition of Privy Council Jurisdiction Act, 1949

While repealing colonial laws, the Constitution retains the Abolition of Privy Council Jurisdiction Act, 1949, ensuring the Supreme Court of India’s role as the highest appellate body.

Legislative History:

The repeal of colonial-era laws was a symbolic and practical step in establishing India’s sovereignty. It affirmed the Constitution’s authority as the supreme legal document of independent India.

Historical Significance:

Article 395 represents the culmination of India’s struggle for independence, closing the chapter on colonial governance and reinforcing self-rule.

Real-Life Examples:

The repeal of the Indian Independence Act, 1947, ensured that no British law held authority in independent India. For instance, governance frameworks post-1950 were entirely guided by the Indian Constitution.

References:

• Constitution of India, Article 395
• Indian Independence Act, 1947
• Government of India Act, 1935
• Historical accounts of India’s transition to independence