Commencement of the Constitution (26 January 1950)
Indian Polity › Historical Background · Topic 1.15
The major part of the Constitution of India came into force on 26 January 1950, the date of its commencement, celebrated as Republic Day. A few provisions came into force on 26 November 1949. The Indian Independence Act of 1947 and the Government of India Act of 1935 were repealed.
7 min read · UPSC Prelims · Polity · Making of the Constitution
At a Glance
- What it is The dates on which the Constitution of India came into force
- Some provisions 26 November 1949, the day of adoption
- The rest of the Constitution 26 January 1950, the “date of its commencement”, celebrated as Republic Day
- Why 26 January It was Purna Swaraj Day in 1930
- Repealed The Indian Independence Act of 1947 and the Government of India Act of 1935
- Articles on commencement Articles 393 to 395, with Article 394A on the Hindi text
- Exam link UPSC Prelims, Polity: Making of the Constitution
Where Does It Fit?
The Constitution was adopted on 26 November 1949. It then had to come into force. This topic explains which provisions began on which date, why 26 January was chosen, and what the Constitution repealed.
Which Provisions Came Into Force on 26 November 1949?
Some provisions of the Constitution came into force on 26 November 1949 itself. They are the provisions on citizenship, elections, the provisional parliament, temporary and transitional provisions, and the short title, contained in Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393.
When Did the Rest of the Constitution Come Into Force?
The remaining provisions, which are the major part of the Constitution, came into force on 26 January 1950. The Constitution itself calls this day the “date of its commencement”, and it is celebrated as the Republic Day.
Why Was 26 January Chosen?
26 January was chosen as the date of commencement because of its historical importance. It was on this day in 1930 that Purna Swaraj Day was celebrated, following the resolution of the Lahore Session of the Indian National Congress in December 1929.
Timeline
- December 1929 The Lahore Session of the Congress passes the resolution on Purna Swaraj
- 26 January 1930 Purna Swaraj Day is celebrated
- 26 November 1949 The Constitution is adopted; some provisions come into force
- 24 January 1950 The final session of the Constituent Assembly
- 26 January 1950 The rest of the Constitution comes into force
- 1951-52 The first general elections
- May 1952 The first elected Parliament, with two Houses, comes into being
What Did the Constitution Repeal?
With the commencement of the Constitution, the Indian Independence Act of 1947 and the Government of India Act of 1935, with all the enactments amending or supplementing the latter Act, were repealed. The Abolition of Privy Council Jurisdiction Act (1949) was, however, continued.
Which Articles Deal With Commencement?
| Article | Subject matter |
|---|---|
| 393 | Short title |
| 394 | Commencement |
| 394A | Authoritative text in the Hindi language |
| 395 | Repeals |
What Is Article 394-A on the Hindi Text?
Originally, the Constitution made no provision for an authoritative text in Hindi. The 58th Constitutional Amendment Act of 1987 inserted a new Article 394-A in the last part of the Constitution, Part XXII. It provides that:
- The President shall cause to be published, under his authority, a Hindi translation of the Constitution, with the changes needed to bring it into line with the language, style and terms of the authoritative Hindi texts of Central Acts, and a Hindi translation of every amendment made in English.
- The published translation shall be construed to have the same meaning as the original English text. If any difficulty arises, the President shall have the Hindi text revised suitably.
- The published translation shall be deemed to be, for all purposes, the authoritative text in Hindi.
What Happened to the Constituent Assembly?
On 24 January 1950, the Constituent Assembly held its final session. At that session it adopted the national anthem and the national song, and it elected Dr. Rajendra Prasad as the first President of India. It did not end there. It continued as the provisional parliament of India from 26 January 1950, until the new Parliament was formed after the first general elections of 1951-52. The Provisional Parliament ceased to exist on 17 April 1952, and the first elected Parliament, with two Houses, came into being in May 1952.
Why Is This Topic Important?
- Two dates: The Constitution began in part on 26 November 1949 and in the main on 26 January 1950.
- The chosen date: 26 January was chosen because Purna Swaraj Day was celebrated on that date in 1930.
- Repeals: The Constitution repealed the Indian Independence Act of 1947 and the Government of India Act of 1935.
- A bridge: The Constituent Assembly served as the provisional parliament until the first elected Parliament came into being.
How Do the Two Dates Compare?
| Point | 26 November 1949 | 26 January 1950 |
|---|---|---|
| What happened | The Constitution was adopted; some provisions came into force | The remaining provisions, the major part, came into force |
| Provisions | Citizenship, elections, provisional parliament, temporary and transitional provisions, short title (Articles 5 to 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393) | All the rest |
| How it is known | Constitution Day (Samvidhan Divas) | The date of commencement; Republic Day |
| Historical link | The date in the Preamble | Purna Swaraj Day of 1930 |
What Came Next?
The Constitution began to operate from 26 January 1950, and the Constituent Assembly worked as the provisional parliament until the first elected Parliament met in 1952. The next topic looks at where the Constitution’s provisions came from.
Key People and Terms
- Date of commencement 26 January 1950, as the Constitution itself calls it
- Republic Day The celebration of 26 January
- Purna Swaraj Day 26 January 1930, celebrated after the Lahore Session resolution of December 1929
- Provisional parliament The Constituent Assembly acting as Parliament from 26 January 1950 till the elections of 1951-52
- Abolition of Privy Council Jurisdiction Act (1949) The Act that was continued after the Constitution began
- Article 394-A Inserted by the 58th Amendment Act of 1987; the authoritative Hindi text
Exam Corner
Points to Remember
- Some provisions began on 26 November 1949: Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393.
- The rest began on 26 January 1950, the date of commencement and Republic Day.
- 26 January was chosen for Purna Swaraj Day, 1930, after the Lahore Session of December 1929.
- Repealed: the Indian Independence Act, 1947 and the Government of India Act, 1935, with its amendments.
- Continued: the Abolition of Privy Council Jurisdiction Act (1949).
- Articles 393 to 395: short title, commencement and repeals; 394A, the Hindi text, was added by the 58th Amendment, 1987.
- The Assembly became the provisional parliament from 26 January 1950.
Do Not Confuse With
- Constitution Day and Republic Day: 26 November marks adoption. 26 January marks commencement.
- Adoption and commencement: Articles 5 to 9, 60, 324 and others began on the day of adoption. The rest began later.
- Final session and provisional parliament: the Assembly’s last session was on 24 January 1950. Its work as the provisional parliament began on 26 January 1950.
Memory Hook
Two dates: 26 November 1949 for a few provisions, 26 January 1950 for the rest, chosen for Purna Swaraj Day.
Mains Angle
The commencement of the Constitution is a short topic, but it carries a clear historical point. Use these ideas to add depth.
- A chosen date: 26 January was selected for its historical importance, because Purna Swaraj Day was celebrated on that date in 1930, after the resolution of the Lahore Session of the Congress.
- Two stages of commencement: The provisions on citizenship, elections, the provisional parliament, temporary and transitional matters and the short title came into force on the day of adoption, 26 November 1949. The major part came into force on 26 January 1950.
- Repeals: The Constitution repealed the Indian Independence Act of 1947 and the Government of India Act of 1935, and the Abolition of Privy Council Jurisdiction Act (1949) was continued.
- A continuing Assembly: The Constituent Assembly did not end on 26 January 1950, and it served as the provisional parliament until the first elected Parliament came into being in 1952.
- The Hindi text: The Constitution originally made no provision for an authoritative Hindi text. Article 394-A, added in 1987, supplied one.
A Question You May Face
An original practice question, not a past paper question.
“Why was 26 January chosen as the date of commencement of the Constitution, and what changed on that day?”
How to Answer
- Introduction: The Constitution was adopted on 26 November 1949, and some provisions came into force that day.
- Why 26 January: It was Purna Swaraj Day in 1930, following the Lahore Session resolution of December 1929.
- What changed: The major part of the Constitution came into force. The Indian Independence Act of 1947 and the Government of India Act of 1935 were repealed. The Assembly became the provisional parliament.
- Conclusion: The day is celebrated as Republic Day.
GS Relevance
Frequently Asked Questions
When did the Constitution of India come into force?
Most of the Constitution came into force on 26 January 1950, which the Constitution calls the date of its commencement and which is celebrated as Republic Day. Some provisions came into force earlier, on 26 November 1949, the day of adoption.
Which provisions came into force on 26 November 1949?
Provisions on citizenship, elections, the provisional parliament, temporary and transitional provisions and the short title came into force on 26 November 1949. They are in Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393.
Why was 26 January chosen as the date of commencement?
It was chosen because of its historical importance. On 26 January 1930, Purna Swaraj Day was celebrated, following the resolution of the Lahore Session of the Indian National Congress in December 1929. The day is celebrated as Republic Day.
Which Acts did the Constitution repeal?
With the commencement of the Constitution, the Indian Independence Act of 1947 and the Government of India Act of 1935, with all enactments amending or supplementing the latter, were repealed. The Abolition of Privy Council Jurisdiction Act of 1949 was continued.
What do Articles 393, 394, 394A and 395 deal with?
Article 393 deals with the short title, Article 394 with commencement, Article 394A with the authoritative text of the Constitution in the Hindi language, and Article 395 with repeals. Article 394A was inserted by the 58th Amendment Act of 1987.
What is Article 394-A?
Article 394-A, inserted by the 58th Constitutional Amendment Act of 1987, requires the President to publish a Hindi translation of the Constitution and of every amendment. The published translation is deemed the authoritative text in Hindi and has the same meaning as the English text.
What happened to the Constituent Assembly on 24 January 1950?
On 24 January 1950, the Constituent Assembly held its final session. It adopted the national anthem and the national song and elected Dr. Rajendra Prasad as the first President of India. It then continued as the provisional parliament from 26 January 1950.
Until when did the provisional parliament continue?
The Constituent Assembly continued as the provisional parliament of India from 26 January 1950 until the new Parliament was formed after the first general elections of 1951-52. The Provisional Parliament ceased to exist on 17 April 1952, and the first elected Parliament began in May 1952.
PYQ Practice — Statement Analysis
1 The major part of the Constitution of India came into force on 26 January 1950.
This day is called the date of its commencement in the Constitution, and is celebrated as Republic Day.
2 All provisions of the Constitution came into force on 26 January 1950.
Some provisions, such as those in Articles 5 to 9, 60 and 324, came into force on 26 November 1949.
3 26 January was chosen as the date of commencement because Purna Swaraj Day was celebrated on that day in 1930.
This followed the resolution of the Lahore Session of the Congress in December 1929. The day is celebrated as Republic Day.
4 The Government of India Act of 1935 continued to be in force after the commencement of the Constitution.
It was repealed, together with the Indian Independence Act of 1947. Only the Abolition of Privy Council Jurisdiction Act of 1949 was continued.
5 Article 394-A, on the authoritative Hindi text of the Constitution, was inserted by the 58th Amendment Act of 1987.
It was inserted in Part XXII of the Constitution.
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