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The Constitution of India: Part XXII

Short Title, Commencement, Authoritative Text in Hindi and Repeals

Part XXII, though the shortest, serves as the concluding section, dealing with crucial administrative and legal formalities for the Constitution's operation.

Explore Provisions

Unveiling the Concluding Chapters

Part XXII officially names the Constitution, specifies its staggered commencement dates, provides for an authoritative Hindi text, and formally repeals the colonial legislative instruments that previously governed India. These provisions collectively signify the culmination of the Constituent Assembly's work and a definitive break from its colonial past.

Short Title

Formal naming of the supreme law.

Commencement Dates

Staggered dates for different provisions.

Authoritative Hindi Text

Ensuring linguistic accessibility.

Repeals

Severing ties with colonial past.

Constitutional Supremacy

Establishing the new law as ultimate authority.

24.8.1: Short Title (Article 393)

Article 393 formally gives the name to the supreme law drafted by the Constituent Assembly. It is a simple yet fundamental provision that officially identifies the document.

The provision states: "This Constitution may be called the Constitution of India."

Identity & Authority

This article officially identifies the document as the supreme legal text of the Indian Republic. It's a foundational declaration of self-governance.

24.8.2: Commencement (Article 394)

The Constitution did not come into force entirely on a single date. Article 394 meticulously outlined a staggered commencement to ensure a smooth transition and operational readiness.

November 26, 1949

Date of Adoption & Partial Commencement

On this day, the Constitution was adopted by the Constituent Assembly. Certain provisions crucial for immediate operation came into force:

  • Citizenship (Articles 5-9): Crucial for immediately defining who would be Indian citizens.
  • Oaths for President (Article 60): Essential for the head of state.
  • Election Commission (Article 324): Vital for preparing for future elections.
  • Definitions (Article 366), Interpretation (Article 367): For general understanding.
  • Transitional Provisions (Articles 379, 380, 388, 391, 392, 393): To facilitate the smooth functioning of the interim government and transition.
  • Short Title (Article 393) and Commencement (Article 394) itself.

January 26, 1950

Date of Full Commencement (Republic Day)

The remaining and major provisions of the Constitution came into force on this date. This includes:

  • Fundamental Rights
  • Directive Principles of State Policy (DPSPs)
  • Union Executive & Legislature
  • State Executive & Legislature
  • Judiciary, etc.

This day was specifically chosen for its profound historical significance, as it was on January 26, 1930, that the Indian National Congress had declared 'Purna Swaraj' (complete independence).

Significance of Staggered Commencement

This pragmatic and farsighted decision by the Constituent Assembly ensured both administrative continuity (by enacting essential provisions immediately) and the profound symbolism of India's transition to a fully sovereign republic on a historically significant date.

24.8.3: Authoritative Text in Hindi (Article 394A)

58th Amendment Act, 1987

Article 394A was not part of the original Constitution but was inserted much later by the 58th Constitutional Amendment Act of 1987. This amendment addressed a long-standing need for an official Hindi version of the Constitution.

Mandate for President

It mandates the President of India to publish an authoritative translation of the Constitution of India in the Hindi language, as well as authoritative translations of all amendments made to it, from time to time.

Legal Authority

Crucially, Article 394A declares that the Hindi text so published shall be deemed to be the authoritative text of the Constitution for all purposes. This provides legal sanctity and equal footing to the Hindi version alongside the English original.

24.8.4: Repeals (Article 395)

Acts Repealed

Article 395 formally repealed two pivotal colonial legislative instruments:

  • The Indian Independence Act, 1947
  • The Government of India Act, 1935 (along with all enactments amending or supplementing it).

Exception: Not Repealed

It is crucial to note that one significant Act was EXPLICITLY NOT REPEALED:

  • The Abolition of Privy Council Jurisdiction Act, 1949.

This Act had already transferred the jurisdiction of the Judicial Committee of the Privy Council (the highest court of appeal for India under British rule) to the newly established Supreme Court of India. Its non-repeal solidified the Supreme Court's status as the ultimate judicial authority in India.

Profound Significance

Article 395 symbolizes a complete transfer of sovereignty, the establishment of India as an independent republic, and a definitive severance of legal continuity with British rule. It unequivocally asserts the supremacy of the self-made Indian Constitution, marking a monumental shift.

Conclusion & Significance

Part XXII provides the final constitutional touches, formally naming the supreme law, precisely stipulating its commencement, ensuring an authoritative Hindi version, and decisively severing ties with the colonial legal past.

These provisions underscore the Indian Constitution's status as a self-made, sovereign document that fully replaced the preceding colonial frameworks. They mark not just a legal transition but a profound statement of national identity and the inauguration of a new republican order, with the Constitution of India as its ultimate legal and political foundation.

Self-Made Law

Emphasizes the Constitution as a product of Indian people's will.

Sovereign Republic

Formal declaration of India's independent status, free from external authority.

Supreme Law

The Constitution becomes the sole source of legal authority, overriding all previous laws.

Prelims-ready Notes

Part XXII Overview

  • Short Title, Commencement, Authoritative Text in Hindi and Repeals
  • Articles 393-395

Art 393 (Short Title)

"This Constitution may be called the Constitution of India."

Art 394 (Commencement) - Nov 26, 1949

  • Certain provisions came into force (e.g., Citizenship, Art 324 (ECI), Art 60 (President's Oath), transitional provisions, Art 393, 394 itself).

Art 394 (Commencement) - Jan 26, 1950

  • Remaining (major) provisions came into force.
  • This is the actual date of commencement of the Constitution.

Art 394A (Authoritative Text in Hindi)

  • Inserted by 58th Amendment Act, 1987.
  • President publishes authoritative Hindi translation of Constitution and amendments.
  • Hindi text is authoritative for all purposes.

Art 395 (Repeals)

  • Repealed: Indian Independence Act, 1947 and Government of India Act, 1935 (with amendments).
  • NOT Repealed: Abolition of Privy Council Jurisdiction Act, 1949.
  • Significance: Complete transfer of sovereignty, India as independent republic, severance of legal continuity with British rule, establishment of Constitutional Supremacy.

Mains-ready Analytical Notes

  • Symbolism of Dates: The choice of November 26, 1949 (Adoption Day, now also Constitution Day) and January 26, 1950 (Commencement Day / Republic Day) reflects both the completion of the drafting process and the historical significance of Purna Swaraj Day. This highlights the blend of legal necessity and national symbolism.
  • Continuity vs. Break: While Article 395 represents a decisive legal break from colonial rule, the staggered commencement and the explicit non-repeal of the Privy Council Act, combined with the pragmatic borrowing from the GOI Act, 1935, show a nuanced approach to continuity and stability during the transition.
  • Hindi Text Authority: Article 394A aims to establish the Hindi text as equally authoritative. Debates continue on the practical challenges of achieving this in higher legal discourse where English remains dominant.
  • Foundational Stability: The clear commencement and repeal provisions ensured a smooth legal transition and avoided ambiguity regarding the supreme law.
  • Evolution of Hindi's Role: Article 394A's later insertion (1987) shows a long-term trend of giving more prominence to Hindi in official and constitutional contexts, reflecting evolving linguistic policy.
  • Legacy of Colonial Laws: Even after repeal, the continuity of many ordinary laws (under Article 372) and the structural influence of GOI Act, 1935, underscore a pragmatic adoption of inherited frameworks.
  • Constitution Day (November 26): Celebrated annually, this day emphasizes the adoption of the Constitution and the importance of constitutional values, drawing directly from Article 394.
  • Republic Day (January 26): Celebrated as the day the Constitution fully came into force, marking India's transition to a sovereign republic.
  • Constitutional Supremacy: Articles 394 and 395 together firmly establish the Constitution as the supreme law of the land, from which all other laws and authorities derive their power.
  • Linguistic Access: Article 394A continues to be relevant for promoting the Constitution's accessibility in Hindi, especially in digital formats.
  • Celebration of Constitution Day (November 26): Annually marked by various government and civil society events to promote constitutional awareness, directly linked to Article 394. (Source: PIB, Ministry of Law and Justice, Nov 2023).
  • Digitalization of Constitutional Texts: Government efforts to make the authoritative texts of the Constitution (English and Hindi) and its amendments digitally accessible and user-friendly, enhancing their reach as envisioned by Article 394A. (Source: MeitY, Ministry of Law and Justice).

UPSC Previous Year Questions (PYQs)

Prelims MCQs

  1. The Indian Independence Act, 1947
  2. The Government of India Act, 1935
  3. The Abolition of Privy Council Jurisdiction Act, 1949

Select the correct code:

  • (a) 1 and 2 only
  • (b) 2 and 3 only
  • (c) 1 and 3 only
  • (d) 1, 2 and 3

Answer: (a)

Hint: The Abolition of Privy Council Jurisdiction Act, 1949, was explicitly not repealed.

  • (a) 15th August 1947
  • (b) 26th January 1950
  • (c) 26th November 1949
  • (d) 15th August 1950

Answer: (b)

Hint: Article 394 specifies January 26, 1950, as the date of commencement for the remaining provisions.

  • (a) 42nd Amendment Act
  • (b) 44th Amendment Act
  • (c) 58th Amendment Act
  • (d) 91st Amendment Act

Answer: (c)

Hint: Article 394A was inserted by the 58th Amendment Act, 1987.

Mains Questions

Direction:

  • Introduction: Briefly introduce Article 395 as the final article dealing with repeals.
  • Provisions: Clearly list the acts repealed (Indian Independence Act, 1947; Government of India Act, 1935, and its amendments). Explicitly mention the one act not repealed (Abolition of Privy Council Jurisdiction Act, 1949).
  • Significance in Establishing Constitutional Supremacy:
    • Complete Transfer of Sovereignty: Ended the authority of British Parliament over India.
    • Self-Made Constitution: The new Constitution became the sole source of legal authority.
    • Severing Legal Continuity: Broke legal ties with colonial rule, replacing imposed laws with self-made ones.
    • Foundational for Rule of Law: Created a clear and unambiguous legal basis for governance.
    • Judicial Independence: By retaining the abolition of Privy Council's jurisdiction, it emphasized India's own Supreme Court as the final judicial authority.
  • Conclusion: Conclude that Article 395 is a succinct yet powerful declaration of India's sovereignty, self-governance, and the ultimate supremacy of its Constitution.

Direction:

  • Introduction: Briefly state the purpose of Article 394A (authoritative Hindi text).
  • Implications for Legal Accessibility:
    • Positive: Makes the supreme law accessible to a large Hindi-speaking population (lawyers, administrators, citizens). Facilitates legal education and discourse in Hindi.
    • Challenges: Higher judiciary's continued reliance on English; complexities in exact legal translation; perception of legal community.
  • Implications for Promotion of Hindi:
    • Constitutional Backing: Provides strong constitutional legitimacy to Hindi's role in legal and governance domains.
    • Standardization: Encourages the use of a standardized official Hindi terminology in legal texts.
    • Debate: Whether it truly aligns with Article 351's broader vision of Hindi's development (assimilating from all cultures) or promotes a more formal/Sanskritized Hindi.
  • Conclusion: Conclude that Article 394A is a significant step towards linguistic inclusivity in legal governance, but its full impact on promoting Hindi and enhancing accessibility hinges on broader acceptance and integration within the legal system.

Trend Analysis (Last 10 years)

Prelims

  • Factual Recall: High emphasis on specific articles (393, 394, 394A, 395) and the key dates (Nov 26, 1949; Jan 26, 1950).
  • Amendments: The 58th Amendment (for Art 394A) is consistently tested.
  • Repealed Acts: Specificity on which Acts were repealed and which was not (Privy Council Act).
  • Purpose/Significance: Understanding the rationale behind these final provisions (short title, commencement, authoritative text, sovereignty).
  • The trend is factual, testing precise knowledge of the concluding articles of the Constitution.

Mains

  • Symbolic and Legal Significance: Questions primarily focus on the profound meaning of Article 395 (sovereignty, break from colonial rule) and Article 394A (authoritative Hindi text, linguistic accessibility).
  • Interlinkages: Often requires connecting these articles to the broader themes of constitutional supremacy, federalism, and language policy.
  • Critical Analysis: While not always asking for deep critiques, answers can subtly include nuances of effectiveness (e.g., how far Hindi text is used in practice).
  • The trend demands a conceptual understanding of these articles as foundational declarations of India's independent and sovereign status.

Original Questions for Practice

Original MCQs for Prelims

  1. The Constitution came into force entirely on January 26, 1950.
  2. Articles related to citizenship, elections, and provisional Parliament came into force on November 26, 1949.
  3. Article 394 specifies the articles that came into force on November 26, 1949.

Select the correct code:

  • (a) 1 only
  • (b) 2 and 3 only
  • (c) 1 and 3 only
  • (d) 1, 2 and 3

Answer: (b)

Explanation: Statement 1 is incorrect; it came into force in a staggered manner. Statements 2 and 3 are correct as per Article 394.

  • (a) India continues to recognize the Privy Council as the highest court of appeal.
  • (b) The Act was passed by the British Parliament and therefore could not be repealed by the Indian Constitution.
  • (c) The Constituent Assembly intended for this specific Act to remain in force, ensuring the Supreme Court of India as the final court of appeal.
  • (d) This Act allowed for the continuation of English law in India indefinitely.

Answer: (c)

Explanation: The Act was passed by the Indian Constituent Assembly (acting as the Dominion Legislature) to explicitly abolish the Privy Council's jurisdiction, ensuring the Supreme Court's supremacy. Its non-repeal meant this important change remained in effect.

Original Descriptive Questions for Mains

Key Points/Structure:

  • Introduction: Briefly introduce Part XXII's role as the concluding section.
  • Article 393 (Short Title): Formal naming of the Constitution, symbolic of national identity.
  • Article 394 (Commencement):
    • Staggered Dates: Nov 26, 1949 (adoption, citizenship, ECI, transitional) and Jan 26, 1950 (major provisions).
    • Significance: Pragmatic transition, historical symbolism (Purna Swaraj Day).
  • Article 395 (Repeals):
    • Repealed Acts: Indian Independence Act, 1947; Government of India Act, 1935.
    • Non-repealed Act: Abolition of Privy Council Jurisdiction Act, 1949.
    • Significance: Complete transfer of sovereignty, break from colonial rule, establishment of judicial independence.
  • Collective Assertion of National Identity & Constitutional Supremacy:
    • Self-made Law: Emphasizes the Constitution as a product of Indian people's will.
    • Sovereign Republic: Formal declaration of India's independent status, no longer subject to external authority.
    • Supreme Law: The Constitution becomes the sole source of all legal and constitutional authority, overriding all previous laws.
    • Rule of Law: Provides a clear, unambiguous legal foundation for the new state.
  • Conclusion: Conclude that Part XXII, through these concise articles, serves as the ultimate legal and symbolic declaration of India's hard-won independence and its enduring constitutional supremacy.

Key Points/Structure:

  • Introduction: Briefly explain Article 394's provision for staggered commencement (Nov 26, 1949 & Jan 26, 1950).
  • Significance of Staggered Approach:
    • Immediate Needs (Nov 26, 1949): Citizenship; Elections (Art 324 for ECI); President's Oath (Art 60); Transitional Provisions (Arts 379, 380, 388, 391, 392); Foundational Articles (393, 394).
    • Comprehensive Establishment (Jan 26, 1950): Allowed time for necessary administrative preparations; Symbolic Choice (Purna Swaraj Day); Avoided Vacuum (ensured no legal or administrative vacuum).
  • Balance Achieved:
    • It allowed for immediate legal identification of citizens and establishment of crucial machinery (like ECI) necessary for the eventual full operation of the democracy.
    • At the same time, it provided sufficient time for the detailed machinery of the Constitution (FRs, DPSPs, full parliamentary and executive structure) to be fully set up on a symbolically significant date.
  • Conclusion: Conclude that the staggered commencement was a pragmatic and farsighted decision by the Constituent Assembly, ensuring both administrative continuity and the profound symbolism of India's transition to a fully sovereign republic.