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Hard Factual Recall

Constitutional Authority and Transitional Provisions

Analyze Constitutional Authority and Transitional Provisions via authoritative sources.

Official Question UPSC 2026

Consider the following statements with reference to the Constitution of India : 1. There is no Article in the Constitution of India that specifies that the Constitution of India will be officially called the 'Constitution of India'. 2. There is no Article in the Constitution of India that specifies that the Indian Independence Act, 1947 and the Government of India Act, 1935 stand repealed. 3. There is no Article in the Constitution of India that mentions 26th January, 1950 as the date of the commencement of the Constitution of India. Which one of the following conclusions based on the above statements is correct ?

Solution & Analysis

Answer: B
Let us examine Part XXII (the very end) of the Constitution of India, which deals with Short Title, Commencement, and Repeals:
•Statement 1 is Incorrect: The Constitution explicitly names itself. Article 393 (Short Title) states verbatim: "This Constitution may be called the Constitution of India."
•Statement 2 is Incorrect: To assert total legal sovereignty, Article 395 (Repeals) explicitly states that the Indian Independence Act, 1947, and the Government of India Act, 1935, together with their amending enactments, are hereby repealed.
•Statement 3 is Incorrect: The timeline is explicitly codified. Article 394 lists specific articles that came into force upon adoption (Nov 26, 1949), and clearly states that the remaining provisions *

Quick Recall

The final provisions of the Indian Constitution explicitly define its authority. Article 393 provides its short title, Article 394 establishes January 26, 1950, as its commencement date, and Article 395 officially repeals the Government of India Act, 1935, and the Indian Independence Act, 1947.

Concept Flow Mapping

Article 393
Specifies
Title of the Constitution
Article 394
Specifies
Commencement Date (Jan 26, 1950)
Article 395
Repeals
Government of India Act 1935

Concept Question

Which Article of the Indian Constitution explicitly repeals the Indian Independence Act, 1947 and the Government of India Act, 1935?

Key Takeaway

Article 395.

Examiner's Trap

The examiner uses strong negative phrasing ('There is no Article...') across all three statements to intimidate candidates who haven't read the very last page of the Constitution (Part XXII), relying on the assumption that such 'obvious' administrative details wouldn't need specific articles.

Core Insight

To establish true legal sovereignty. If the Indian Independence Act of 1947 and the GoI Act of 1935 were not explicitly repealed by the new Constitution, India's legal framework would technically still be rooted in laws passed by the British Parliament, compromising its status as an independent Republic.

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