Article 393 of the Costitution of India with Case law
Article 393 of the Constitution of India is the concluding Article of the Constitution and serves a formal purpose. Here's a detailed explanation along with relevant case law:
🔹 Article 393 – Short Title
"This Constitution may be called the Constitution of India."
🔍 Explanation:
This article simply gives a name to the entire document: “The Constitution of India”.
It does not lay down any substantive provisions, nor does it have direct legal effects on the governance or functioning of the Indian state.
It is part of the Constitution but not enforceable in courts, since it acts as a formal declaratory provision.
✅ Key Features:
Short Title Clause – A common practice in legislation to refer to the Act or document officially.
Legal Reference – In legal documents, judgments, statutes, and reports, this formal title is used.
Though symbolic, it reflects the sovereign nature of the Indian people in giving themselves the Constitution.
⚖️ Relevant Case Law:
Since Article 393 is purely formal, no major case law directly interprets or challenges it. However, courts have referred to it in passing when emphasizing:
The authority and sovereignty of the Constitution.
The idea that all laws and governance flow from the Constitution of India.
Example of Reference:
Kesavananda Bharati v. State of Kerala (1973)
The Supreme Court, in discussing the basic structure doctrine, emphasized that the Constitution is a living document given by the people of India to themselves. Though Article 393 was not interpreted directly, it served to reinforce the solemn title and purpose of the Constitution.
📝 Summary:
Article 393 is a formal declaration of the name of the Constitution: "The Constitution of India".
It is not justiciable.
No direct case law, but it is cited symbolically in foundational constitutional discussions.
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