The Indian Independence Act, 1947, and the Government of India Act, 1935, together with all enactments amending or supplementing the latter Act, but not including the Abolition of Privy Council Jurisdiction Act, 1949, are hereby repealed.
Draft Article 315, Draft Constitution of India 1948
315. The Indian Independence Act, 1947, and the Government of India Act, 1935, including the India (Central Government and Legislature) Act, 1946, and all other enactments amending or supplementing the Government of India Act, 1935, shall cease to have effect.
Draft Article 315 (Article 395 of the Constitution of India 1950) was discussed in the Constituent Assembly on 17 October 1949. It declared that the Indian Independence Act (“IIA”) 1947 and the Government of India (“GOI”) Act 1935 which preceded the Constitution would no longer be operational in the country.
A Drafting Committee Member introduced an amendment emphasising that only those provisions of the Indian Independence Act 1947 that are inconsistent with the new Constitution would no longer be applicable in the country. Some Members felt this addition created confusion. They wanted it to be clear that the day the new Constitution is enacted, the IIA and the GOI Act would stand withdrawn.
One Member further reasoned that it was against the dignity of the Constitution to continue any British legislation and the Constitution should be the sole legal authority. Another Drafting Committee Member agreed that there was no need to mention that provisions of the IIA would be retained. He clarified that the new Constitution was an independent body with its own free will and hence, it must be clearly stated that all other preceding legislations will cease to have an effect once the new Constitution is enacted. Accordingly, the addition brought by the first Drafting Committee Member was deleted.
Another Member opposed Draft Article 315 on the grounds that this provision did not repeal or withdraw the IIA, but merely sought an adaptation or modification of it if it was inconsistent with the new Constitution. Since Draft Article 307 already provided for continuance in force or adapton of existing laws, he did not see the need for Draft Article 315.
The Draft Article as amended was adopted as part of the Constitution on 17 October 1949.