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UPSC Prelims 2026Question 55Polity

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Constitution of India that specifies that the Indian Independence Act, 1947 and the Government of India Act, 1935 stand repealed.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 26t January, 1950 as the date of the commencement of the Constitution ofIndia.
Which one of the following conclusions based on the above statements is correct ?

Options

  1. (a)All three statements are correct.
  2. (b)There is no correct statement.
  3. (c)There are two correct statements that include statement 3.
  4. (d)There is only one correct statement.
Correct answer: b
Decision rule

Treat 'there is no Article on this' claims with suspicion: the Constitution's closing Part XXII covers short title, commencement and repeals.

Explanation


Correct Answer

(b) There is no correct statement.


Explanation of the Correct Answer

All three statements are incorrect because the Constitution itself contains provisions regarding:

  • its official short title,
  • repeal of the Indian Independence Act, 1947 and the Government of India Act, 1935,
  • commencement date of most provisions of the Constitution.

These are found in Part XXII: Short Title, Commencement, Authoritative Text in Hindi and Repeals.


Evaluation of the Statements

StatementVerdictRelevant ArticleExplanation
1. There is no Article that specifies that the Constitution will be officially called the ‘Constitution of India’.IncorrectArticle 393Article 393 states: “This Constitution may be called the Constitution of India.”
2. There is no Article that specifies that the Indian Independence Act, 1947 and the Government of India Act, 1935 stand repealed.IncorrectArticle 395Article 395 expressly repeals the Indian Independence Act, 1947 and the Government of India Act, 1935, along with related enactments.
3. There is no Article that mentions 26th January, 1950 as the date of commencement of the Constitution of India.IncorrectArticle 394Article 394 states that most provisions of the Constitution shall come into force on 26th January, 1950.

Therefore, none of the statements is correct.


Why Other Options Are Incorrect

OptionVerdictExplanation
(a) All three statements are correctIncorrectAll three statements are incorrect.
(b) There is no correct statementCorrectArticles 393, 394 and 395 directly contradict all three statements.
(c) There are two correct statements that include statement 3IncorrectStatement 3 is itself incorrect because Article 394 mentions 26th January, 1950.
(d) There is only one correct statementIncorrectThere is no correct statement.

Relevant Supplementary Information


Important Articles in Part XXII of the Constitution

ArticleSubjectKey Provision
Article 393Short titleThis Constitution may be called the Constitution of India.
Article 394CommencementSome provisions came into force immediately on adoption; the remaining provisions came into force on 26th January, 1950.
Article 394AAuthoritative text in HindiProvides for authoritative Hindi translation of the Constitution.
Article 395RepealsRepeals the Indian Independence Act, 1947 and the Government of India Act, 1935.

Commencement of the Constitution: Key Dates

DateEventImportance
26 November 1949Constitution was adopted, enacted and given to ourselvesCelebrated as Constitution Day / Samvidhan Divas
26 January 1950Most provisions of the Constitution came into forceIndia became a Republic
26 January chosenLinked to the Purna Swaraj declaration of 1930Symbolic continuity with the freedom struggle

Key Takeaways from the Tables

Key PointExplanation
Article 393 gives the short titleIt officially calls the document the Constitution of India.
Article 394 gives commencement detailsMost provisions commenced on 26 January 1950.
Article 395 deals with repealsIt repealed the Indian Independence Act, 1947 and Government of India Act, 1935.
Part XXII is important for factual prelims questionsIt contains short title, commencement, Hindi authoritative text and repeals.
Key PointExplanation
Article 393 gives the official nameIt states that the Constitution may be called the Constitution of India.
Article 394 gives commencement detailsIt mentions 26 January 1950 as the date when most provisions came into force.
Some provisions started earlierCertain articles came into force on 26 November 1949 for transition and administrative preparation.
Article 395 repealed colonial constitutional lawsIt repealed the Indian Independence Act, 1947 and Government of India Act, 1935.
26 November and 26 January have different meanings26 November is adoption/enactment; 26 January is commencement/republic status.

Context and Current Relevance

  • 26 November is observed as Constitution Day because the Constitution was adopted on that date in 1949.
  • 26 January is celebrated as Republic Day because the Constitution came into force on that date in 1950.
  • Articles 393–395 are often overlooked but are important for factual constitutional questions.

Table: Important Articles Related to Short Title, Commencement and Repeals

ArticlePartSubjectKey Provision
Article 393Part XXIIShort titleThe Constitution may be called the Constitution of India.
Article 394Part XXIICommencementCertain provisions came into force on 26 November 1949, while the rest came into force on 26 January 1950.
Article 394APart XXIIAuthoritative text in HindiProvides for an authoritative Hindi translation of the Constitution.
Article 395Part XXIIRepealsRepeals the Indian Independence Act, 1947 and the Government of India Act, 1935, along with related enactments.

Table: Important Constitution Dates

DateConstitutional EventSignificance
9 December 1946First meeting of the Constituent AssemblyBeginning of constitution-making process
13 December 1946Objectives Resolution introduced by Jawaharlal NehruLaid down the philosophical foundation of the Constitution
22 January 1947Objectives Resolution adoptedLater reflected in the Preamble
29 August 1947Drafting Committee appointedDr. B. R. Ambedkar became Chairman
26 November 1949Constitution adopted, enacted and given to ourselvesObserved as Constitution Day / Samvidhan Divas
26 November 1949Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 came into forceThese provisions were needed for transition and constitutional setup
24 January 1950Constitution signed by members of the Constituent AssemblyFinal formal signing before commencement
26 January 1950Constitution came fully into forceIndia became a Republic
26 January 1950Government of India Act, 1935 and Indian Independence Act, 1947 repealedConstitutional sovereignty replaced colonial legal framework

Table: Articles that Came into Force on 26 November 1949

ArticleSubjectReason for Early Commencement
Article 5Citizenship at the commencement of the ConstitutionNeeded to determine who would be citizens at the beginning
Article 6Rights of citizenship of persons migrated from Pakistan to IndiaAddressed Partition-related citizenship issues
Article 7Rights of migrants to PakistanDealt with complex migration after Partition
Article 8Rights of citizenship of persons of Indian origin residing outside IndiaCovered overseas Indians at commencement
Article 9Persons voluntarily acquiring citizenship of foreign State not to be citizensClarified citizenship exclusions
Article 60Oath or affirmation by the PresidentNeeded before the office of President could function
Article 324Superintendence, direction and control of electionsEnabled election machinery
Article 366DefinitionsNecessary for interpretation of constitutional provisions
Article 367InterpretationHelped interpret the Constitution
Article 379Provisions relating to provisional ParliamentTransitional governance arrangement
Article 380Provisions relating to provisional legislatures of StatesTransitional state-level arrangement
Article 388Provisions relating to provisional legislatures of certain StatesTransitional legislative arrangement
Article 391Power of President to amend First and Fourth Schedules in certain casesHelped manage transitional adjustments
Article 392Power of President to remove difficultiesEnabled smooth transition to the new Constitution
Article 393Short titleOfficially named the document as the Constitution of India

Table: Difference Between Adoption, Enactment and Commencement

TermMeaningDate in Indian Constitution Context
AdoptionFormal acceptance of the Constitution by the Constituent Assembly26 November 1949
EnactmentGiving legal form and authority to the Constitution26 November 1949
Giving to ourselvesExpression of popular sovereignty through the Preamble26 November 1949
SigningMembers of the Constituent Assembly formally signed the Constitution24 January 1950
CommencementThe Constitution came into legal operationMostly 26 January 1950
Republican statusIndia became a republic with an elected head of state26 January 1950

Table: Repealed Laws under Article 395

Law RepealedYearImportance Before RepealWhy Repealed
Indian Independence Act1947Created India and Pakistan as two DominionsReplaced by the sovereign Constitution of India
Government of India Act1935Provided the main administrative and constitutional framework for British IndiaReplaced by the republican constitutional framework
Enactments amending or supplementing Government of India Act, 1935VariousSupported the colonial constitutional arrangementBecame unnecessary after commencement of the Constitution
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