Which of the following laws have been repealed by the Constitution of India? 1.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.

1. The Commencement and Enforcement of the Constitution (basic)

Welcome to your first step in understanding the birth of the Indian Republic! When we talk about the Constitution coming into life, we have to distinguish between two significant dates: November 26, 1949 (the date of adoption) and January 26, 1950 (the date of commencement). While the Constitution was finalized and signed on the former, the bulk of it was held back to be launched on the latter to commemorate the 20th anniversary of Purna Swaraj (Complete Independence) declared in 1930 D. D. Basu, Introduction to the Constitution of India, The Historical Background, p.12.

However, the transition wasn't an "all-or-nothing" event. Certain "emergency" provisions were activated immediately on November 26, 1949, to ensure the country could actually function until the official launch. These included provisions regarding Citizenship, Elections, and the Provisional Parliament. As the coach, I like to think of this as a "soft launch" for the essential machinery of the state D. D. Basu, Introduction to the Constitution of India, The Making of the Constitution, p.20.

Date	Significance	Key Provisions Enforced
Nov 26, 1949	Adoption / Passing	Citizenship, Elections, Provisional Parliament, Temporary & Transitional provisions.
Jan 26, 1950	Commencement	The remaining bulk of the Constitution.

Finally, we must look at how the Constitution cleared the legal deck. Under Article 395, the Constitution explicitly repealed the Indian Independence Act, 1947 and the Government of India Act, 1935. This was crucial because India was no longer a dominion of the British Crown; it was now a sovereign Republic. Interestingly, while these major colonial acts were scrapped, the Abolition of Privy Council Jurisdiction Act, 1949 was specifically continued, ensuring our legal system transitioned smoothly without losing its judicial continuity M. Laxmikanth, Indian Polity, Making of the Constitution, p.16.

Sources: Introduction to the Constitution of India, The Historical Background, p.12; Introduction to the Constitution of India, The Making of the Constitution, p.20; Indian Polity, Making of the Constitution, p.16

2. Major Constitutional Predecessors (1935 & 1947 Acts) (basic)

Concept: Major Constitutional Predecessors (1935 & 1947 Acts)

3. Article 13: Pre-constitutional vs Post-constitutional Laws (intermediate)

To understand how India transitioned from a British colony to a sovereign republic, we must look at how the Constitution handled existing laws. Article 13 acts as the 'gatekeeper' of the Constitution, ensuring that no law—past or future—violates our Fundamental Rights. It draws a clear line between laws that existed before January 26, 1950 (Pre-constitutional) and those enacted after (Post-constitutional). While Article 13(1) states that all pre-constitutional laws inconsistent with Fundamental Rights become void to the extent of that inconsistency, it doesn't mean these laws are physically deleted from the statute books immediately. Instead, they are governed by the Doctrine of Eclipse Indian Polity, M. Laxmikanth, Chapter 27, p.650. This doctrine suggests that the law isn't dead; it is simply 'overshadowed' by the Fundamental Right. If the Constitution is later amended to remove that right, the 'eclipse' is lifted, and the law becomes active again.

For laws made after the Constitution came into force, Article 13(2) prohibits the State from making any law that takes away or abridges Fundamental Rights. If the State does so, the law is void from its inception. However, the courts usually apply the Doctrine of Severability Indian Polity, M. Laxmikanth, Chapter 27, p.647. This means if only a specific section of a law is unconstitutional, the court will only strike down that 'bad' part, leaving the rest of the law intact, provided the remaining portion can stand on its own. This prevents the unnecessary invalidation of entire legislative acts due to a single flawed clause.

Finally, we must distinguish between laws that are 'void' due to inconsistency and laws that were 'repealed' to clear the deck for the new republic. Under Article 395, the Constitution explicitly repealed the Indian Independence Act of 1947 and the Government of India Act of 1935 Indian Polity, M. Laxmikanth, Chapter 2, p.16. This was a symbolic and legal 'clean break' from British parliamentary authority, ensuring that the Constitution of India became the sole ultimate source of law in the country.

Feature	Pre-Constitutional Laws	Post-Constitutional Laws
Timeline	Enacted before Jan 26, 1950	Enacted on or after Jan 26, 1950
Primary Doctrine	Doctrine of Eclipse	Doctrine of Severability
Status of 'Void'	Becomes dormant/eclipsed	Void ab initio (from the beginning)

Sources: Indian Polity, M. Laxmikanth, Chapter 27: Important Doctrines of Constitutional Interpretation, p.650; Indian Polity, M. Laxmikanth, Chapter 27: Important Doctrines of Constitutional Interpretation, p.647; Indian Polity, M. Laxmikanth, Chapter 2: Making of the Constitution, p.16

4. Evolution of the Judiciary: From Privy Council to Supreme Court (intermediate)

To understand the birth of the Indian Judiciary, we must look at how the transition of power happened in the courtroom. Before 1950, the Federal Court of India (established under the Government of India Act, 1935) was not the highest court in the land. That honor belonged to the Privy Council based in London, which served as the ultimate court of appeal for the British Empire. This meant that even after a case was decided in India, a final appeal could be sent thousands of miles away to Britain.

The dawn of the Constitution on January 26, 1950, marked a total break from this colonial hierarchy. Under Article 395, the Indian Independence Act of 1947 and the Government of India Act of 1935 were officially repealed. However, there was a specific exception made to ensure legal continuity: the Abolition of Privy Council Jurisdiction Act (1949) was not repealed; it was continued to finalize the transfer of authority to our own institutions Laxmikanth, M. Indian Polity, Making of the Constitution, p.16. Thus, the Supreme Court of India was born, replacing both the colonial Federal Court and the British Privy Council to become the highest court of appeal in the country Laxmikanth, M. Indian Polity, Supreme Court, p.285.

As a Federal Court, the Supreme Court was designed to be the final arbiter of disputes within the Indian Union. It was granted exclusive original jurisdiction over disputes between the Centre and States or between the States themselves D. D. Basu, Introduction to the Constitution of India, THE SUPREME COURT, p.346. The term "exclusive" is vital: it means no other court in India can hear these specific federal disputes; they must start directly at the Supreme Court Laxmikanth, M. Indian Polity, Supreme Court, p.290.

Feature	Pre-1950 System	Post-1950 System
Highest Appeal	Privy Council (London)	Supreme Court (New Delhi)
Federal Disputes	Federal Court of India	Supreme Court (Exclusive Original Jurisdiction)
Sovereignty	Subordinate to British Crown	Independent Constitutional Body

Sources: Laxmikanth, M. Indian Polity, Making of the Constitution, p.16; Laxmikanth, M. Indian Polity, Supreme Court, p.285; D. D. Basu, Introduction to the Constitution of India, THE SUPREME COURT, p.346; Laxmikanth, M. Indian Polity, Supreme Court, p.290

5. Preventive Detention and Article 22 (intermediate)

Article 22 of the Indian Constitution is a unique provision that provides safeguards against arrest and detention. To understand it, we must distinguish between two types of detention: Punitive Detention, which occurs after a trial and conviction for an offense, and Preventive Detention, which is detention without trial based on the suspicion that the person might commit an act prejudicial to the state. Interestingly, India is one of the few democratic countries where the Constitution itself authorizes preventive detention during peacetime Indian Polity, Fundamental Rights, p.92.

Article 22 is divided into two parts. The first part deals with ordinary criminal law (punitive). It grants three major rights: the right to be informed of the grounds of arrest, the right to consult and be defended by a legal practitioner, and the requirement to be produced before a magistrate within 24 hours Introduction to the Constitution of India, FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES, p.134. However, these protections are not available to "enemy aliens" or persons arrested under a preventive detention law Indian Polity, Fundamental Rights, p.92.

The second part of Article 22 provides specific, albeit limited, safeguards for those held under preventive detention. A person cannot be detained for more than three months unless an Advisory Board (consisting of persons qualified to be High Court judges) finds sufficient cause for extended detention. It is important to note that while the 44th Amendment Act of 1978 sought to reduce this period to two months, this specific change has not yet been brought into force by the government; thus, the original three-month limit still applies Indian Polity, Fundamental Rights, p.92.

Legislative power regarding preventive detention is shared between the Parliament and State Legislatures, as shown in the table below:

Authority	Exclusive/Concurrent Grounds
Parliament	Defense, Foreign Affairs, and the Security of India.
Both Parliament & States	Security of a State, maintenance of public order, or maintenance of supplies and services essential to the community.

Shortly after the Constitution's commencement, the Parliament enacted the Preventive Detention Act, 1950. This was a temporary law that regulated how such detentions were handled until it finally expired in 1969 Introduction to the Constitution of India, FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES, p.136.

Sources: Indian Polity, Fundamental Rights, p.92; Introduction to the Constitution of India, FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES, p.134; Introduction to the Constitution of India, FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES, p.136

6. Article 372: Continuity of Existing Laws (exam-level)

Imagine the scenario on January 26, 1950: India officially becomes a Republic. If every single law passed during the British era had suddenly vanished that morning, the country would have descended into legal chaos. There would be no Indian Penal Code to punish crimes, no Contract Act to enforce business deals, and no Civil Procedure Code for the courts to function. To prevent this legal vacuum, the framers included Article 372, often called the 'Continuity Clause.'

While Article 395 of the Constitution acted as a 'cleansing agent' by specifically repealing the Indian Independence Act of 1947 and the Government of India Act of 1935, Article 372 served as the 'bridge.' It mandates that all laws in force in the territory of India immediately before the commencement of the Constitution shall continue to be in force until they are altered, repealed, or amended by a competent Legislature or other competent authority. This ensures that the transition from a British colony to a sovereign republic remains seamless and stable. Indian Polity, M. Laxmikanth, Making of the Constitution, p.16

However, this continuity is not absolute. These 'existing laws' are subject to the provisions of the new Constitution. For instance, if a pre-constitutional law violated the newly minted Fundamental Rights, it would be held void under Article 13. Furthermore, the Constitution also provided for transitional provisions in specific sectors. For example, under Article 313, all laws applicable to public services before 1950 continued to operate until the new government made its own provisions. Indian Polity, M. Laxmikanth, Public Services, p.550

Sources: Indian Polity, M. Laxmikanth, Making of the Constitution, p.16; Indian Polity, M. Laxmikanth, Public Services, p.550

7. Article 395: The Specific Repealing Provision (exam-level)

When the Constitution of India was finally ready for commencement on January 26, 1950, it faced a unique legal challenge: what should happen to the British laws that were currently governing the country? Until that moment, India was technically a Dominion governed by the Indian Independence Act of 1947 and the Government of India Act of 1935. To establish the new Constitution as the supreme and sole source of authority, the framers included Article 395—the specific repealing provision.

Article 395 performed a "legal housecleaning" by explicitly repealing two foundational documents that had served as India's interim legal scaffolding:

• The Indian Independence Act, 1947: The act that created the two independent dominions of India and Pakistan Rajiv Ahir, A Brief History of Modern India, Chapter: Independence with Partition, p.495.
• The Government of India Act, 1935: This included all subsequent enactments that amended or supplemented it Laxmikanth, M. Indian Polity, Chapter 2, p.16.

However, there was a critical exception. The Abolition of Privy Council Jurisdiction Act (1949) was not repealed. This was intentional, as it ensured that the transfer of judicial authority from the British Privy Council to the Federal Court (and subsequently the Supreme Court of India) remained legally valid and uninterrupted Laxmikanth, M. Indian Polity, Chapter 2, p.16. It is also important for students to distinguish between these historical repeals and later laws like the Preventive Detention Act, 1950. The latter was a post-constitutional law enacted by the Indian Parliament; it was not "repealed" by the Constitution because it didn't even exist when Article 395 was written.

Sources: Laxmikanth, M. Indian Polity, Making of the Constitution, p.16; Rajiv Ahir, A Brief History of Modern India, Independence with Partition, p.495

8. Solving the Original PYQ (exam-level)

Now that you have mastered the timeline of the Making of the Constitution and its Enforcement, this question tests your understanding of the "legal cleaning" process required for a new Republic. Every sovereign legal system must formally replace the old framework to establish its supreme authority. Under Article 395, the Constitution served as the final word that effectively ended the legal authority of the British Crown over India. As discussed in M. Laxmikanth, Indian Polity, this was essential to ensure there was no dual-sovereignty or legal ambiguity once the new document took effect.

To arrive at the correct answer, (A) 1 and 2 only, you must identify which laws were the foundational "blueprints" for British governance. The Government of India Act, 1935 and the Indian Independence Act, 1947 were the very instruments that defined India as a colony and a dominion, respectively. Naturally, they had to be repealed. However, pay close attention to the exceptions: the Abolition of Privy Council Jurisdiction Act, 1949 is a classic UPSC trap. While it sounds like a colonial-era law, it was actually explicitly excluded from the repeal under Article 395 to ensure that the transition of judicial power remained seamless and valid until the Supreme Court of India was fully operational.

Finally, Statement 4 serves as a chronology trap. The Preventive Detention Act, 1950 was a post-constitutional law enacted by the Indian Parliament after January 26, 1950. Logically, the Constitution cannot repeal a law that did not exist at the moment of its commencement. By distinguishing between pre-constitutional foundational acts and post-constitutional ordinary legislation, as clarified in D. D. Basu, Introduction to the Constitution of India, you can eliminate any option containing 4 and focus solely on the two primary pillars of British rule that the Constitution had to dismantle.