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Enforcement of the Indian Constitution

Enforcement of the Indian Constitution

Key Dates & Provisions

  1. November 26, 1949:
    • Partial Enforcement: Specific parts of the Constitution took effect immediately:
      • Citizenship rules (Articles 5–9).
      • Election procedures (Article 324).
      • Provisional Parliament setup (Articles 379, 380).
      • Transitional provisions (Articles 366, 367, 391–393).
    • Significance: The Constituent Assembly adopted the Constitution on this day.
  2. January 26, 1950:
    • Full Enforcement: The entire Constitution came into force.
    • Celebrated as Republic Day: Marks India’s transition to a sovereign republic.

Why January 26?

  • Historical Connection:
    • On January 26, 1930, the Indian National Congress declared Purna Swaraj (Complete Independence) during the Lahore Session.
    • Chosen to honor the struggle for freedom and symbolize India’s break from colonial rule.

Legal Changes

  • Repealed Laws:
    • The Government of India Act (1935) and Indian Independence Act (1947) were replaced.
  • Exception: The Abolition of Privy Council Jurisdiction Act (1949) continued to handle pending legal appeals.

Key Terms Simplified

  • Provisional Parliament: A temporary legislature that functioned until India’s first elections in 1952.
  • Transitional Provisions: Temporary rules to smoothly transition from British laws to the new Constitution.

Takeaway:

  • November 26, 1949: Constitution adopted.
  • January 26, 1950: Constitution fully enforced, marking India’s rebirth as a republic.
  • Republic Day honors both the Constitution and the 1930 Purna Swaraj declaration.

🌟 Fun Fact: The Constitution replaced over 90% of colonial-era laws, creating a new legal framework for independent India!

 

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