Article 395

Article 395 of the Constitution of India forms the concluding provision of Part XXII, which deals with the short title, commencement, authoritative text in Hindi, and repeals. This Article formally repealed the colonial constitutional laws that governed India before the adoption of the Constitution, symbolising the final legal severance from British rule and the establishment of the Constitution of India as the supreme law of the land.

Text of Article 395

“The Indian Independence Act, 1947, and the Government of India Act, 1935, together with all enactments amending or supplementing the latter Act, are hereby repealed.”

This concise statement effectively terminated the operation of the principal British statutes that had previously provided the constitutional framework for India’s governance.

Background and Purpose

Before 26 January 1950, India was governed under the Government of India Act, 1935, which had been enacted by the British Parliament. Although the Indian Independence Act, 1947, transferred legislative authority to the newly independent dominions of India and Pakistan, it was still a statute of the British Parliament and symbolised continued constitutional dependence.
The framers of the Constitution, therefore, sought to formally abrogate these colonial laws to ensure that India’s constitutional authority emanated solely from “We, the People of India”, as declared in the Preamble.
Article 395 thus marked the complete constitutional and legal independence of India from Britain by repealing the foundational laws of the colonial regime.

Key Provisions and Effects

Article 395 achieved three primary objectives:

1. Repeal of the Indian Independence Act, 1947:
   • The Act of 1947 had created the Dominion of India and Dominion of Pakistan, conferring temporary sovereignty while retaining residual connections to British legislative supremacy.
   • Its repeal under Article 395 marked the end of dominion status and the beginning of India’s existence as a fully sovereign republic.
2. Repeal of the Government of India Act, 1935:
   • This Act had served as the constitutional charter of British India, outlining the structure of governance, division of powers, and administrative procedures.
   • It was replaced by the Constitution of India, which provided a new framework based on democracy, equality, and fundamental rights.
3. Repeal of All Amendments or Supplements:
   • Any enactments that amended or supplemented the Government of India Act, 1935, were also repealed.
   • This ensured a complete legal break from the colonial administrative system, leaving no residual authority under British legislation.

However, it is noteworthy that the Abolition of Privy Council Jurisdiction Act, 1949 — an Indian statute — was not repealed by Article 395, as it had already transferred the final appellate authority from the Privy Council in London to the Federal Court and later the Supreme Court of India.

Significance of Article 395

The repeal provisions under Article 395 hold immense constitutional and symbolic importance:

• End of Colonial Governance: It formally terminated the last vestiges of British constitutional authority in India.
• Establishment of Constitutional Supremacy: The Constitution of India became the sole source of legal and political power in the country.
• Creation of a New Legal Order: It provided the foundation for a sovereign, democratic, and republican legal system, independent of British legislative influence.
• Assertion of Self-Governance: It reinforced the idea that the Indian people, through the Constituent Assembly, were now the authors of their own laws and destiny.

Historical Context

The inclusion of Article 395 must be understood against the backdrop of India’s political transformation between 1947 and 1950.

• The Indian Independence Act, 1947 established the Dominion of India, allowing the country limited autonomy under the British Commonwealth.
• The Government of India Act, 1935 continued to serve as the interim constitutional framework during this period.
• Upon the adoption of the Constitution on 26 November 1949, and its full commencement on 26 January 1950, India transitioned into a Republic, requiring the legal annulment of all colonial constitutional enactments.

The repeal effected by Article 395 was thus the final act of constitutional decolonisation, affirming India’s sovereignty in both spirit and law.

Legal Implications

With the coming into force of Article 395:

• All laws, rules, and regulations deriving their authority from the Government of India Act, 1935, ceased to have effect unless they were re-enacted or continued under the new Constitution.
• Under Article 372, however, existing laws that were consistent with the Constitution continued to remain in force until altered or repealed by competent legislation.
• The doctrine of constitutional supremacy replaced the earlier British concept of parliamentary supremacy, ensuring that all legislative and executive actions would henceforth be subject to constitutional scrutiny.

Thus, Article 395 not only repealed colonial statutes but also redefined the source of sovereignty — from the British Parliament to the Indian people.

Judicial Perspective

While there have been no direct Supreme Court rulings interpreting Article 395, its significance has been acknowledged in broader constitutional jurisprudence concerning the supremacy of the Constitution.
Key cases reflecting the spirit of Article 395 include:

• Kesavananda Bharati v. State of Kerala (1973): The Supreme Court affirmed that the Constitution is the supreme law, and its basic structure cannot be altered even by Parliament. This decision implicitly underscores the shift from colonial subordination to constitutional sovereignty.
• Minerva Mills Ltd. v. Union of India (1980): The Court reiterated that constitutional supremacy prevails over legislative or executive power, reflecting the principles that emerged after the repeal of British statutes.

These judgments highlight the enduring impact of Article 395, even though it is seldom cited directly.

Related Acts and Provisions

• Indian Independence Act, 1947: Granted legislative authority to the dominions of India and Pakistan; repealed by Article 395.
• Government of India Act, 1935: Served as the constitutional framework for British India; repealed by Article 395.
• Abolition of Privy Council Jurisdiction Act, 1949: Passed by the Dominion of India to end the jurisdiction of the Privy Council; not affected by Article 395.
• Article 372: Ensured continuity of pre-existing laws that were not inconsistent with the new Constitution.
• Article 394: Dealt with the commencement of the Constitution.

Together, Articles 372, 394, and 395 form the transitional legal bridge between colonial administration and the sovereign Republic of India.

Constitutional Transition and Legacy

Article 395 represents the culmination of India’s constitutional journey — from colonial subordination to full independence. By repealing the legislative instruments of British rule, it:

• Affirmed India’s sovereign legal identity;
• Ensured that all legal authority flowed from the Constitution itself;
• Marked the end of the Dominion period and the beginning of the Republic.