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Q97 (CDS-II/2015) Polity & Governance › Constitutional Basics & Evolution › Constituent Assembly Answer Verified

Which of the following laws have been repealed by the Constitution of India? 1.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 Preventive Detention Act, 1950 Select the correct answer using the code given below.

Result
Your answer: —  Â·  Correct: A
Explanation

Article 395 of the Constitution of India explicitly repealed the Indian Independence Act, 1947, and the Government of India Act, 1935, along with all enactments amending or supplementing the latter [3]. However, the Abolition of Privy Council Jurisdiction Act, 1949, was specifically excluded from this repeal and was instead continued [3]. The Preventive Detention Act, 1950, was a post-constitutional law enacted by the Indian Parliament shortly after the Constitution came into force; it was not repealed by the Constitution itself but was a temporary act that eventually expired in 1969. Therefore, only the Government of India Act, 1935, and the Indian Independence Act, 1947, were repealed by the commencement of the Constitution under Article 395 [3].

Sources

  1. [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 2: Making of the Constitution > ENFORCEMENT OF THE CONSTITUTION > p. 16
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 2: Making of the Constitution > ENFORCEMENT OF THE CONSTITUTION > p. 16
  3. [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > It) Tlte Ordinance-making PQwer. > p. 219
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