Actual Article
Article 395: 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or supplementing the latter Act, but not including the Abolition of Privy Council Jurisdiction Act, 1949, are hereby repealed.
UPSC Notes for Article 395
Explanation:
- Repeal of Previous Acts: Article 395 formally repeals the Indian Independence Act, 1947, and the Government of India Act, 1935, along with all related amendments and supplements, except for the Abolition of Privy Council Jurisdiction Act, 1949.
- Legal Transition: Marks the end of the colonial legislative framework and the transition to the new Constitution of India.
Key Points:
- End of Colonial Legislation: Ensures that the previous colonial laws are no longer in effect and are replaced by the new Constitution.
- Clear Legal Framework: Provides a clear legal basis for the new constitutional framework by repealing outdated and obsolete legislation.
- Exception: The Abolition of Privy Council Jurisdiction Act, 1949, is specifically excluded from the repeal, ensuring its continued relevance.
Important Cases and Commissions Related to Article 395
Cases:
- No landmark Supreme Court cases specifically interpreting Article 395, as it deals primarily with the formal repeal of previous legislation.
Commissions:
- Constituent Assembly Debates: Discussed the necessity of repealing previous acts to establish the new constitutional framework.
Important Reports Related to Article 395:
- Reports by the Constituent Assembly: Highlight the rationale behind repealing the Indian Independence Act and the Government of India Act to transition to the new Constitution.
Previous Year Prelims Questions Related to Article 395
- What does Article 395 of the Indian Constitution provide for?
A. Establishment of new constitutional bodies
B. Repeal of the Indian Independence Act, 1947, and the Government of India Act, 1935
C. Powers of the President during an emergency
D. Special provisions for the financial administration of States Correct Answer: B. Repeal of the Indian Independence Act, 1947, and the Government of India Act, 1935 - Which Acts are specifically repealed by Article 395 of the Indian Constitution?
A. The Government of India Act, 1919, and the Indian Councils Act, 1909
B. The Indian Independence Act, 1947, and the Government of India Act, 1935
C. The Government of India Act, 1935, and the Indian Penal Code, 1860
D. The Indian Independence Act, 1947, and the Abolition of Privy Council Jurisdiction Act, 1949 Correct Answer: B. The Indian Independence Act, 1947, and the Government of India Act, 1935 - Which Act is specifically excluded from the repeal by Article 395?
A. The Government of India Act, 1919
B. The Indian Councils Act, 1909
C. The Abolition of Privy Council Jurisdiction Act, 1949
D. The Indian Penal Code, 1860 Correct Answer: C. The Abolition of Privy Council Jurisdiction Act, 1949
Previous Year Mains Questions Related to Article 395
- Discuss the significance of Article 395 in the transition from colonial legislation to the new constitutional framework of India. How does this provision contribute to the establishment of the new legal order?
- Evaluate the impact of repealing the Indian Independence Act, 1947, and the Government of India Act, 1935, on the legal and constitutional landscape of India. How did Article 395 facilitate this transition?
- Analyze the reasons for excluding the Abolition of Privy Council Jurisdiction Act, 1949, from the repeal under Article 395. What implications does this have for the legal system in India?
Additional Insights:
- Historical Significance: Article 395 marks a significant step in India’s journey from colonial rule to an independent republic, symbolizing the end of colonial legislation.
- Legal Clarity: By repealing outdated acts, Article 395 provides a clear legal foundation for the new Constitution, ensuring no conflicts between old and new laws.
- Exception Justification: The exclusion of the Abolition of Privy Council Jurisdiction Act, 1949, highlights the importance of maintaining certain legal provisions that were essential for the transition.
Understanding Article 395 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for transitioning from colonial legislation to the new constitutional framework. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring the effective establishment of the Indian Constitution.