Article 394

Two-Tier Commencement: November 26, 1949 and January 26, 1950

Official heading: “Commencement”

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Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part XXII, Article 394, printed page 252
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Last human legal review: Not yet reviewed

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1. In One Sentence

Brought sixteen foundational articles into force immediately on 26 November 1949, and the remainder of the Constitution on 26 January 1950.

2. What It Means in Everyday Language

Article 394 establishes the historic two-stage commencement timeline of the Indian Constitution.

Upon adoption on 26 November 1949 (celebrated as Constitution Day / Samvidhan Diwas), sixteen crucial articles took effect immediately: Articles 5, 6, 7, 8, 9 (Citizenship), Article 60 (Oath of the President), Article 324 (Election Commission), Articles 366 and 367 (Definitions and Interpretation), Articles 379, 380, 388, 391, 392 (Provisional governance), and Articles 393 and 394 (Short title and Commencement).

This immediate commencement was essential so that citizenship could be determined, the Election Commission established, and provisional government structures operationalized.

All remaining provisions came into force on the twenty-sixth day of January, 1950 (Republic Day), chosen to honor the 1930 Purna Swaraj (Complete Independence) declaration of the Indian National Congress.

3. Practical Illustrative Example

Everyday Scenario:

A historian explains why India celebrates Constitution Day on 26 November and Republic Day on 26 January.

Core takeaway: Under Article 394, foundational provisions took effect on 26 November 1949, while the full Constitution commenced on 26 January 1950.

Illustrative Notice: January 26, 1950 is officially defined throughout the Constitution as "the commencement of this Constitution".

4. Important Limits, Qualifications & Exceptions

Article 394 establishes the temporal legal birth of the Republic.

Immediate provisions (26 Nov 1949): Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393, and 394.
Full commencement (26 Jan 1950): All other provisions became operational on Republic Day.
Commencement date sentinel: The phrase "commencement of this Constitution" across all articles legally means 26 January 1950.

5. Operative Constitutional Text

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 of this Constitution shall come into force on the twenty-sixth day of January, 1950, which day is referred to in this Constitution as the commencement of this Constitution.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

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Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part XXII, Article 394, printed page 252 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource