Article 393

Article 393 of the Constitution of India serves as a formal declaration of the short title of the Constitution. It states:“This Constitution may be called the Constitution of India.”
This seemingly simple provision holds symbolic, legal, and formal significance as it officially establishes the name by which the supreme law of India is to be known and cited. Article 393 forms part of Part XXII, which contains provisions relating to the short title, commencement, authoritative text in Hindi, and repeals.

Background and Purpose

Every statute, legal document, or constitution requires a short title for identification and citation. The framers of the Indian Constitution included Article 393 to ensure that the Constitution could be clearly and uniformly referred to in legal, administrative, and academic contexts.
The short title distinguishes the Constitution of India from the constitutions of other nations, while also providing a concise name for use in all legal documents, judicial citations, and legislative references. The phrase “may be called” follows the standard drafting convention used in most legislative texts to introduce a short title clause.

Legal and Functional Significance

The short title “Constitution of India” serves multiple purposes in constitutional and legal practice:

1. Legal Citation: It is the official name used in courts, legislations, and constitutional amendments, ensuring consistency across all legal references.
2. Judicial and Administrative Usage: It appears in the preambles of constitutional amendments, judicial citations, and government notifications, making it the uniform legal identifier of India’s supreme law.
3. International and Academic Reference: The short title provides global recognition of India’s Constitution as a distinct document, used in comparative constitutional law and international treaties.
4. Continuity and Authority: It denotes the transition from the colonial Government of India Act, 1935 to an independent, sovereign, and democratic Constitution, establishing India’s autonomous legal identity.

Adoption and Commencement

The Constitution of India was adopted on 26 November 1949 by the Constituent Assembly of India and came into force on 26 January 1950, as specified in Article 394. From that date, the short title “Constitution of India” became officially operative.
Every subsequent constitutional amendment and order issued under the Constitution references this short title. For example:

• The Constitution (First Amendment) Act, 1951
• The Constitution (Seventh Amendment) Act, 1956
• The Constitution (One Hundred and Fourth Amendment) Act, 2019

The usage of the short title ensures continuity and uniformity across all constitutional and legal instruments.

Short Title and Long Title

A distinction exists between the short title and the long title of the Constitution.

• Short Title: As provided under Article 393 — “This Constitution may be called the Constitution of India.”It serves as the concise legal identifier for reference and citation.
• Long Title: The long title, found on the opening page of the Constitution, reads:“An Act to constitute India into a Sovereign Democratic Republic and to secure to all its citizens…”The long title outlines the purpose, philosophy, and scope of the Constitution, while the short title merely provides a formal name.

Thus, the short title serves a practical function, whereas the long title carries interpretative and philosophical value.

Short Title in Hindi

Following the inclusion of Article 394A by the 58th Constitutional Amendment Act, 1987, the authoritative text of the Constitution in Hindi was adopted.
In Hindi, the short title reads as:“भारत का संविधान” (Bharat ka Samvidhan).
This bilingual recognition reflects India’s linguistic and constitutional pluralism and ensures that both English and Hindi versions are equally authoritative for all legal and official purposes.

Declaratory and Non-Justiciable Nature

Article 393 is declaratory in nature. It does not confer any rights or duties, nor does it prescribe any procedure or power. Its purpose is purely formal — to declare the official name of the Constitution.
Consequently, it is non-justiciable, meaning that it cannot be enforced or challenged in a court of law. There have been no Supreme Court or High Court judgments interpreting Article 393, as its text is clear and unambiguous.

Constitutional Permanence and Amendment

While Article 393 forms part of the Constitution, its content — being foundational and declaratory — has never been amended since the Constitution came into force. Any change to the short title would require a constitutional amendment under Article 368, but such a modification has never been proposed or deemed necessary.
This reflects the enduring recognition of the Constitution of India as the unchanging symbol of national sovereignty and legal authority.

Usage in Legal Orders and Constitutional Amendments

The short title “Constitution of India” is cited consistently across all legal and constitutional instruments, including:

• Constitutional amendments (e.g., The Constitution (44th Amendment) Act, 1978).
• Presidential Orders (e.g., The Constitution (Application to Jammu and Kashmir) Order, 1954).
• Judicial decisions and references in both domestic and international contexts.

This uniform usage strengthens legal clarity and reinforces the Constitution’s status as the supreme law of the land.

Global Context and Comparative Practice

The inclusion of a short title clause is a common feature in most modern constitutions and legislative enactments worldwide. Examples include:

• The Constitution of the United States (1787) — referred to simply as the “Constitution of the United States.”
• The Constitution of the Republic of South Africa (1996) — cited as such in all legal instruments.

India follows this global tradition, ensuring clarity, consistency, and ease of reference in legal and academic discourse.

Symbolic and Legal Importance

Article 393 holds symbolic significance beyond its technical purpose:

• It proclaims the sovereign identity of India as governed by its own Constitution.
• It serves as a constant reminder of the unity and permanence of the constitutional order established in 1950.
• It provides the formal nomenclature for all constitutional and legal documents, ensuring the perpetuation of the Constitution’s authority.