Part XXII of the Indian Constitution

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

• Articles: 393 to 395
• Purpose: This part marks the formal conclusion of the Constitution. It includes the short title, the date of commencement, declaration of the authoritative Hindi text, and the repeal of prior enactments.

Article 393 – Short Title

Text:

“This Constitution may be called the Constitution of India.”

Explanation:

• Declares that the official name of the document is the “Constitution of India.”
• It is the formal title used in all legal and official references.

Article 394: Commencement

Text (abridged):

“This article and Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the remaining provisions shall come into force on the 26th day of January, 1950…”

Explanation:

• The Constitution was adopted on 26 November 1949, but it came into full force on 26 January 1950 celebrated as Republic Day.
• However, a few articles came into effect immediately on 26 November 1949, mainly those needed for:
  • Citizenship (Articles 5–9)
  • Election Commission (Art. 324)
  • Definitions (Art. 366–367)
  • Temporary provisions for governance and transition
  • President and Parliament structure setup

This phased implementation allowed time to organize elections, prepare institutions, and ensure a smooth constitutional transition.

Article 394A: Authoritative text in Hindi language of the Constitution

Inserted by: 58th Constitutional Amendment Act, 1987

Text (simplified):

“The President shall cause to be published under his authority the translation of this Constitution in Hindi, which shall be deemed to be authoritative.”

Explanation:

• Empowers the President of India to publish the official Hindi version of the Constitution.
• This Hindi text has equal legal standing as the English version.
• Aimed at promoting linguistic accessibility, especially for Hindi-speaking regions.

Article 395: Repeals

Text:

“The Indian Independence Act, 1947 and the Government of India Act, 1935, together with all enactments amending or supplementing the latter Act, are hereby repealed.”

Explanation:

• Formally ends British legal supremacy over India.
• Repeals:
  • Government of India Act, 1935 – the prior governing document
  • Indian Independence Act, 1947 – British statute that granted India independence
• Signifies the complete constitutional sovereignty of the Republic of India.

JUDGMENTS RELATED TO PART XXII

Although Part XXII is largely procedural and declaratory, the following points highlight where courts have dealt with related issues:

Keshavan Madhava Menon v. State of Bombay (1951)

• Dealt with Article 372 (continuation of pre-Constitution laws), connected to Article 395 (repeals).
• Held: Pre-Constitution laws remain valid if not inconsistent with the Constitution.
• Reinforced the concept of “doctrine of eclipse” – unconstitutional provisions become dormant, not void.

State of Uttar Pradesh v. Raj Narain (1975)

• Cited provisions of commencement and interpretation clauses (Articles 394 and 367) in the broader context of constitutional authority and presidential powers.

AMENDMENTS RELATED TO PART XXII

Summary Table