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Indian Polity / Constitution - Articles 393, 394, 395 — UPSC Mains Model Answer

Polity · UPSC CSE
Question: Structural and self-referential provisions of the Constitution of India — Articles 393, 394, and 395

Introduction

The Constitution of India contains several self-defining provisions that establish its own identity, commencement date, and relationship with prior colonial legislation — provisions often overlooked yet foundational to constitutional continuity.

Body

1. Article 393 — Official Name of the Constitution

Article 393 explicitly designates the document as 'the Constitution of India,' making Statement 1 incorrect. This seemingly simple provision carries legal significance: it anchors all subsequent references, judicial interpretations, and legislative citations to a single authoritative title, preventing ambiguity in constitutional discourse.

2. Article 395 — Repeal of Prior Legislation

Article 395 expressly repeals both the Indian Independence Act, 1947 and the Government of India Act, 1935, along with their adaptations. Statement 2 is therefore incorrect. This repeal clause was essential to establish constitutional supremacy and sever the formal legal continuity with colonial governance frameworks.

3. Article 394 — Commencement Date

Article 394 specifies that most provisions of the Constitution came into force on 26th January, 1950, making Statement 3 incorrect. Certain provisions — relating to elections, citizenship, and provisional Parliament — commenced on the date of adoption itself, reflecting a phased implementation design.

4. Governance Significance of These Provisions

These terminal articles are not mere formalities; they define the constitutional order's temporal and normative boundaries. For administrators and courts, they resolve questions of legal succession, validity of pre-constitutional laws, and the precise moment from which fundamental rights and directive principles became operative.

Conclusion

All three statements are factually incorrect, as Articles 393, 394, and 395 directly address each claim. These provisions collectively mark the Constitution's self-contained, sovereign character — a clean break from colonial legal architecture.

Word count: 236

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Article 394 of the Constitution of India specifies that certain articles came into force immediately upon adoption on 26th November, 1949. Which of the following articles is NOT included in that list? (a) Article 5 (b) Article 60 (c) Article 324 (d) Article 370
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