Repeal of the Indian Independence Act and Government of India Act 1935
Official heading: “Repeals”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part XXII, Article 395, printed page 252
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1. In One Sentence
Repeals the Indian Independence Act 1947 and the Government of India Act 1935, while preserving the Abolition of Privy Council Jurisdiction Act 1949.
2. What It Means in Everyday Language
Article 395 is the final, climactic article of the Constitution of India, formally severing the legal umbilical cord with British imperial sovereignty.
It explicitly repeals the Indian Independence Act, 1947 (the British statute that partitioned British India and created the Dominion) and the Government of India Act, 1935 (the colonial constitution).
By repealing these British enactments, the Constitution established that its sovereign legal authority derives not from the British Crown or Westminster Parliament, but solely from the sovereign will of the people of India as proclaimed in the Preamble: "We, the People of India... adopt, enact and give to ourselves this Constitution."
Critically, the article contains a vital exception: "but not including the Abolition of Privy Council Jurisdiction Act, 1949". This ensured that the abolition of appeals to the British Privy Council remained intact, cementing the Supreme Court of India as the ultimate court of the land.
3. Practical Illustrative Example
A constitutional scholar examines the source of legal validity of the Indian Republic.
4. Important Limits, Qualifications & Exceptions
Article 395 asserts complete constitutional autochthony and sovereign independence.
- Repeal of colonial charters: Formally repealed the Indian Independence Act 1947 and Government of India Act 1935.
- Sovereignty autochthony: Establishes that Indian sovereignty is rooted exclusively in "We, the People", not British crown grants.
- Preservation of Privy Council abolition: Explicitly saved the Abolition of Privy Council Jurisdiction Act, 1949 to secure supreme judicial independence.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part XXII, Article 395, 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.