Article 393 of Indian Constitution: Short Title

Article 393 plays an important role under Part XXII of the Constitution. Article 393 of Indian Constitution states “This Constitution may be called the Constitution of India.” At first glance, this appears to be a simple, formal statement only assigning a name to the document. However, Article 393 of Constitution plays an essential role in constitutional law. It serves as the official recognition of India as a sovereign legal framework and affirms the independence and legitimacy of the Indian Constitution. Explore in-depth analysis of other Constitutional Articles.

Article 393 of Indian Constitution

Short Title 

This Constitution may be called the Constitution of India.

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Note: “The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

Article 393 of Indian Constitution does one simple thing that it gives the Constitution its name. But naming a Constitution is not just about terminology. It’s about defining the source of legal power, affirming national sovereignty and creating a foundational reference for governance. This short sentence conveys that India now governs itself through its own supreme law, drafted by its own people and no longer under foreign legal control.

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Article 393 of Indian Constitution Significance

The significance of Article 393 of Indian Constitution under Part XXII goes far beyond its brief wording. It may seem like a simple title clause but it plays a foundational role in defining the nature, legitimacy and sovereignty of the Constitution of India. The following states that how Article 393 of Constitution holds extreme constitutional importance:

• Legal Identity & Sovereignty Article 393 gives the Constitution its own distinct identity. It expressly establishes that this is India’s own Constitution and not one borrowed or imposed. It signifies sovereignty which means that India has the full authority to govern itself through this document.
• Reinforcement of Constitutional Legitimacy Even though Article 393 of Indian Constitution is not frequently cited in court judgments but it supports the idea that the Constitution’s authority comes from the people of India and not from any foreign power. It demonstrates the collective will behind the Preamble and the legitimacy of the Constitution as the supreme law of the land.
• Symbol of Legal Continuity Article 393 of Constitution marks a clean break from colonial laws like the Government of India Act, 1935 (repealed under Article 395) and embodies the beginning of a new legal and political chapter in India’s history.
• Global Recognition By establishing an official name, Article 393 of Indian Constitution ensures that the Constitution of India is recognized internationally as a sovereign and independent legal charter and capable of being referenced in global forums and treaties.

Article 393 of Indian Constitution resonates deeply in constitutional jurisprudence of India. Its role may be implicit but its presence reinforces the authority and identity of the Constitution in several landmark judgements.

Kesavananda Bharati vs State of Kerala (1973)

The Supreme Court in Kesavananda Bharti vs State of Kerala developed the Basic Structure Doctrine and held that the essential features of the Constitution cannot be amended. Article 393 of Indian Constitution was not directly discussed but it underpins the reasoning by bolstering the unique and sovereign identity of the Constitution that must be preserved.

S.R. Bommai v. Union of India (1994)

The case reiterated the supremacy of the Constitution. The reference to the Constitution as defined in Article 393 of Constitution highlights that every aspect of governance must conform to this sovereign document even in times of political crisis.

Maneka Gandhi vs Union of India (1978)

The golden triangle case i.e., Maneka Gandhi vs Union of India expanded the scope of Fundamental Rights. It highlighted that no law or executive action can override the Constitution. The authority for this comes from the document named in Article 393 of Indian Constitution - the supreme law of the land.

Article 393 of Indian Constitution and relationship with other Provisions

Article 393 of Indian Constitution is intricately linked with other constitutional provisions that define national and legal identity of India. Together, these articles form a cohesive structure strengthening sovereignty, democracy and independence.

• Article 1: Article 1 of Indian Constitution states “India, that is Bharat, shall be a Union of States.” Alongside Article 393 of Constitution, creates a complete national identity i.e., naming both the country and its Constitution.
• Preamble: It expresses the ideals and values of the Constitution- sovereignty, democracy, justice. Article 393 of Indian Constitution legitimizes these ideals by giving the document its official form and authority.
• Article 395: Repeals colonial-era laws, reinforcing the new and independent legal order that Article 393 of Constitution inaugurates.

Article 393 of Indian Constitution and Global Comparisons

The practice of giving constitutional documents a formal identity is not unique to India. Many countries use naming and preambular clauses to assert sovereignty, legal continuity and the collective will of the people.

• United States Constitution: Begins with “We the People of the United States...” The title and preamble declare sovereignty and people’s authority.
• South Africa’s Constitution: Similarly, the Constitution of South Africa acknowledges a new democratic beginning post-apartheid. The naming holds symbolic and legal power, just like in India’s Article 393 of Indian Constitution.

Conclusion

Article 393 of Indian Constitution plays an important role in affirming the Constitution’s sovereign and independent identity. By naming the document, it reflects India’s break from colonial rule and reinforces its commitment to democracy, the rule of law, and self-governance. It stands as a lasting symbol of the Constitution’s foundational authority and national identity.