Part XXII Notes

Part XXII: Short Title, Commencement, Authoritative Text in Hindi, and Repeals

Part XXII of the Indian Constitution (Articles 393 to 395) serves as the "Final Chapter." While Part XXI acted as the necessary bridges and shock absorbers, Part XXII systematically dismantled the old colonial architecture, establishing India as a fully sovereign Republic.

This part focuses on four pillars: Identity, Timing, Language, and Finality.

1. Article 393: Short Title

• Provision: This article gives the document its official nomenclature—"The Constitution of India."

• Significance: Without this, citing the Constitution in a court of law would be technically complex. It provides a distinct legal identity that separates it from any other statute.

2. Article 394: Commencement

This is a favorite for "Tricky" UPSC Prelims questions because it explains that the Constitution came into force in two staggered stages.

• Stage 1 (November 26, 1949): A total of 16 Articles became effective immediately.

  • Articles included: 5, 6, 7, 8, 9 (Citizenship), 60 (Oath by President), 324 (Election Commission), 366, 367, 379, 380, 388, 391, 392, 393, and 394 itself.

  • Logic: Citizenship and Election provisions were needed immediately to prepare for the first general elections and to manage the post-partition population.

• Stage 2 (January 26, 1950): All remaining provisions came into force on this day.

  • Logic: This date was chosen to commemorate the "Purna Swaraj" declaration of January 26, 1930.

3. Article 394A: Authoritative Text in Hindi

This was not in the original Constitution; it was inserted by the 58th Constitutional Amendment Act, 1987.

• President's Duty: The President shall cause the translation of the Constitution in Hindi to be published, which is signed by the members of the Constituent Assembly.

• Significance: * The Hindi translation is to be construed to have the same meaning as the original English text.

  • If any difficulty arises in interpretation, the President shall cause the text to be revised suitably.

  • This text is considered "Authoritative" for all legal purposes.

4. Article 395: Repeals

This article was the final "Legal Divorce" from British rule.

• What was Repealed?

  1. The Indian Independence Act, 1947: Which had partitioned India into two Dominions.

  2. The Government of India Act, 1935: Which had been the basis of Indian administration until then.

• The Exception (The Trap):

  • The Abolition of Privy Council Jurisdiction Act, 1949 was not repealed.

  • Reason: This was kept alive to ensure that the transfer of pending cases from the Privy Council in London to the Supreme Court of India remained legally valid and uninterrupted.

III. Summary Table (Quick Revision)

🚨 UPSC "Checkmate" Points (The Fine Print)

1. Staggered Dates: Always remember that only 16 articles became active on Nov 26, 1949—not the whole document.

2. Authoritative Hindi: Article 394A was a later addition (1987) to ensure linguistic uniformity in legal proceedings across the country.

3. The "Total Repeal" Trap: UPSC often asks if Article 395 repealed all British laws. The answer is No. It only repealed the 1935 and 1947 constitutional acts. Other statutes (like the IPC 1860 or Indian Evidence Act 1872) continued under Article 372.

4. Language Conflict: If a conflict arises between the Hindi and English versions, the English text remains the ultimate benchmark until the President directs a revision under Article 394A.