Question map
Which among the following Acts were repealed by Article 395 of the Constitution of India? 1. The Government of India Act, 1935 2. The Indian Independence Act, 1947 3. The Abolition of Privy Council Jurisdiction Act, 1949 4. The Government of India Act, 1919 Select the correct answer using the code given below.
Explanation
Article 395 of the Constitution of India specifically deals with the repeal of certain enactments. According to the text of Article 395, the Indian Independence Act, 1947, and the Government of India Act, 1935, along with all enactments amending or supplementing the 1935 Act, were repealed upon the commencement of the Constitution [3]. However, the article explicitly excludes the Abolition of Privy Council Jurisdiction Act, 1949, from this repeal, meaning that Act continued to remain in force [2]. The Government of India Act, 1919, is not mentioned in Article 395 because it had already been largely superseded by the 1935 Act. Therefore, only the Indian Independence Act, 1947, and the Government of India Act, 1935 (including its supplements), were repealed by this specific constitutional provision. Consequently, statements 1 and 2 are correct, while 3 and 4 are incorrect.
Sources
- [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 2: Making of the Constitution > ENFORCEMENT OF THE CONSTITUTION > p. 16
- [3] https://www.mea.gov.in/Images/pdf1/Part22.pdf
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 2: Making of the Constitution > ENFORCEMENT OF THE CONSTITUTION > p. 16