Article 395 of Indian Constitution: Repeals
IMPORTANT LINKS
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Name of the Article |
Article 395 of Indian Constitution - Repeals |
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Part of the Constitutional Article |
Part XXII |
Article 395 plays an important role under Part XXII of the Constitution. Article 395 of Indian Constitution marks the formal repeal of the Indian Independence Act 1947 and Government of India Act 1935 and other related amendments and supplementary laws. It shows the complete transformation of India from British rule to a sovereign republic governed by its own Constitution. The provision explicitly excluded the Abolition of Privy Council Jurisdiction Act 1949 and ensured that judicial charge remains entirely within the country. Explore in-depth analysis of other Constitutional Articles.
Article 395 of Indian Constitution
Repeals
The Indian Independence Act, 1947 and the Government of India Act, 1935, together with all enactments amending or supplementing the latter Act, but not including the Abolition of Privy Council Jurisdiction Act, 1949 are hereby repealed.
Note: “The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”
Simplified Interpretation of Article 395 of Indian Constitution
Article 395 of Indian Constitution eliminated all colonial-era laws that previously governed India. The Indian Independence Act 1947 provided the foundation for independence of the country. On the other hand, the Government of India Act 1935 was the principal law under which British India was administered. With the adoption of the Indian Constitution, these laws became redundant. The laws were repealed and Article 395 ensured that the legal landscape of the nation is governed solely by the provisions of the Constitution, rather than outdated British legislation. The Abolition of Privy Council Jurisdiction Act 1949 ensures that Privy Council in London has no charge over matters of Indian jurisdiction.
Relevance of Article 395 of Indian Constitution
Article 395 marked an important foundational phase in the transformative journey of the nation. The provision of Article 395 of Indian Constitution established an absolute break from colonial-era statutes. The provision reinforced constitutional supremacy and provided legal clarity along with judicial independence. The key aspects of its significance are:
- End of Colonial Rule in Law: After repealing British legislative frameworks India's legal system completely shed its colonial governance remnants.
- Establishment of Constitutional Supremacy: The Indian Constitution stands as the ultimate legal authority and supersedes all former laws in India.
- Legal Clarity: It abolishes obsolete laws to establish a singular and consistent legal structure functioning under Constitutional principles.
- Judicial Independence: The Abolition of Privy Council Jurisdiction Act, 1949 maintains India's judicial autonomy by requiring all legal matters to be resolved within the jurisdiction of the Indian courts.
Conclusion
Article 395 of the Indian Constitution represents India's final legal move towards becoming a sovereign republic through the repeal of colonial-era laws and asserts the Constitution as the highest legal authority. This provision establishes clear legal boundaries while supporting judicial independence and upholding India's full legislative power.
FAQs about Article 395 of Indian Constitution
What is Article 395 of Indian Constitution?
Article 395 formally repeals the Indian Independence Act, 1947, and the Government of India Act, 1935, along with all amendments and supplementary laws, except the Abolition of Privy Council Jurisdiction Act, 1949.
Why was the Indian Independence Act, 1947, repealed?
The Indian Independence Act, 1947, was repealed because it was enacted by the British Parliament to grant independence to India and Pakistan. With the adoption of the Indian Constitution, it became redundant.
Why was the Government of India Act, 1935, repealed?
The Government of India Act, 1935, was the primary law under British rule, governing India's administration. Repealing it ensured that India was governed solely by its own Constitution.
Why was the Abolition of Privy Council Jurisdiction Act, 1949, not repealed?
This Act was retained to ensure that India's judicial matters remained within Indian courts and were no longer subject to appeal before the Privy Council in London.
How does Article 395 of Indian Constitution establish constitutional supremacy?
Article 395 of Indian Constitution nullifies previous colonial legislations to establish the Constitution as the supreme legal authority in India.
What is the significance of Article 395 in India's legal history?
It marks India's complete transition from British rule to a fully sovereign republic by eliminating colonial legal frameworks and affirming India's independent legal and judicial system.
Under which part of the Indian Constitution does Article 395 of Indian Constitution fall?
Article 395 is part of Part XXII, which deals with the short title, commencement, and repeal of previous laws.