Article 395 of the Costitution of India with Case law
Article 395 of the Constitution of India marks the repeal of previous enactments upon the commencement of the Constitution. Here is the full explanation along with relevant case law:
🔹 Article 395 – Repeals
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the Government of India Act, 1935, together with all enactments amending or supplementing the latter Act, are hereby repealed."
🔍 Explanation:
Purpose: This Article provides for the formal repeal of the British laws under which India was governed before the Constitution came into force on 26 January 1950.
It repealed:
The Indian Independence Act, 1947, which had granted independence to India and Pakistan.
The Government of India Act, 1935, which was the constitutional framework of British India.
All related amendments and supplemental enactments.
The repeal symbolized the complete constitutional and legal break from colonial rule and asserted the sovereign authority of the Indian Constitution.
⚖️ Important Case Law:
1. Kesavananda Bharati v. State of Kerala (1973)
Citation: AIR 1973 SC 1461
Relevance: While this case primarily dealt with constitutional amendments, the preamble and foundational shift from colonial to republican governance—highlighted through Article 395—was cited as essential context for understanding the basic structure doctrine.
2. S.R. Bommai v. Union of India (1994)
Citation: AIR 1994 SC 1918
Relevance: The Supreme Court emphasized the shift from colonial legal foundations (repealed via Article 395) to the federal and democratic values enshrined in the Indian Constitution.
3. State of Rajasthan v. Union of India (1977)
Citation: AIR 1977 SC 1361
Relevance: The Court acknowledged that with the repeal under Article 395, the Constitution established complete sovereignty, and governance could no longer be traced to colonial origins.
đź“ť Summary:
Article 395 is the final Article in the Constitution of India.
It formally ended the British legal legacy by repealing the 1947 and 1935 Acts.
It reinforced India's status as a sovereign republic, governed solely by its own Constitution.
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