Article 394 of the Costitution of India with Case law
Article 394 of the Constitution of India deals with the commencement of the Constitution.
📘 Article 394 – Commencement
"This Article, and Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 372, 373, 374, 375, 376, 377, 378 and 388 shall come into force at once, and the remaining provisions of this Constitution shall come into force on the 26th day of January, 1950, which day is referred to in this Constitution as the commencement of this Constitution."
✅ Explanation:
Immediate Effect: The article lists certain provisions that came into force immediately after the Constitution was adopted on 26th November 1949.
General Commencement Date: The rest of the Constitution came into force on 26th January 1950, celebrated as Republic Day.
📜 Provisions That Came into Force Immediately:
Some important ones among them:
Article 5–9: Citizenship
Article 60: Oath of the President
Article 324: Election Commission
Article 372: Continuance of existing laws
Article 366 & 367: Definitions and interpretation
Article 388: Provisional powers of the President
🧑⚖️ Case Law Related to Article 394:
Though Article 394 is procedural in nature and doesn't usually form the central point in judicial decisions, it is frequently cited in constitutional law discourse to demarcate:
The two-stage commencement of the Constitution.
The transition from British dominion to a sovereign republic.
⚖️ Relevant Observations:
Kesavananda Bharati v. State of Kerala (1973)
The Supreme Court made reference to the commencement provisions in interpreting the intent and enforceability of certain constitutional parts.
Union of India v. Gajanan Maharahtra University (AIR 1993 SC 2178)
Cited Article 394 to assert that provisions prior to 26th January 1950 (like those relating to citizenship) had legal effect from 26th Nov 1949.
🗓️ Significance of 26th January:
This date was symbolically chosen as it was the date in 1930 when the Indian National Congress had declared Purna Swaraj (Complete Independence).
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