Which among the following Acts were repealed by Article 395 of the Con

Which among the following Acts were repealed by Article 395 of the Constitution of India?

The Government of India Act, 1935
The Indian Independence Act, 1947
The Abolition of Privy Council Jurisdiction Act, 1949
The Government of India Act, 1919

Select the correct answer using the code given below.

[amp_mcq option1=”1 and 2 only” option2=”1 and 3 only” option3=”1, 2 and 3 only” option4=”1, 2, 3 and 4″ correct=”option1″]

This question was previously asked in

UPSC CDS-2 – 2016

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Article 395 of the Constitution of India expressly repealed the following Acts:
1. The Indian Independence Act, 1947.
2. The Government of India Act, 1935, and all enactments amending or supplementing it.
The Abolition of Privy Council Jurisdiction Act, 1949 was an enactment supplementing the Government of India Act, 1935 (in matters related to appeals to the Privy Council), and was therefore also repealed by Article 395.
The Government of India Act, 1919 was largely repealed and replaced by the Government of India Act, 1935, and was therefore not directly repealed by Article 395.

Article 395 of the Constitution repealed the key legislative instruments that governed India prior to the adoption of the Constitution, specifically the 1947 Independence Act and the 1935 Government of India Act.

The purpose of Article 395 was to transition from the pre-constitutional legal framework to the new constitutional order. By repealing these acts, the Constitution established itself as the supreme law of the land. The Abolition of Privy Council Jurisdiction Act, 1949 was enacted by the Constituent Assembly itself functioning as the provisional parliament, establishing the Supreme Court of India as the final court of appeal, replacing the Privy Council. This Act was also deemed necessary to be repealed by the Constitution.

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