In 1949, the British parliament passed an act to address the operation of the law in relation to India, as India was set to become a Republic while remaining a member of the Commonwealth. The act stated that existing laws would continue to have the same effect in India and with persons and things connected to India after it becomes a Republic unless otherwise determined by the governing authority. The Act also extended to laws of the United Kingdom, colonies, protectorates, and United Kingdom trust territories. This act was superseded by the Constitution of India in 1950, which repealed previous enactments related to Indian independence and governance.
An Act to make provision as to the operation of the law in relation to India, and persons and things in any way belonging to or connected with India, in view of India’s becoming a Republic while remaining a member of the Commonwealth.
[16th December 1949]
Whereas on the twenty-sixth day of January, nineteen hundred and fifty, India is to become a Republic while remaining a member of the Commonwealth:
1- Operation of existing law in relation to India in view of India’s becoming a Republic.
(1) On and after the date of India’s becoming a Republic, all existing law, that is to say, all law which, whether being a rule of law or a provision of an Act of Parliament or of any other enactment or instrument whatsoever, is in force on that date or has been passed or made before that date and comes into force thereafter, shall, until provision to the contrary is made by the authority having power to alter that law, have the same operation in relation to India, and to person and things in any way belonging to or connected with India, as it would have had if India had not become a Republic.
(2) This Act extends to law of, or of any part of, the United Kingdom, a colony, a protectorate or a United Kingdom trust territory, and also, but so far only as concerns law which cannot be amended by a law of the legislature thereof, to law of Southern Rhodesia or of any part thereof. The references in this subsection to a colony, to a protectorate and to a United Kingdom trust territory shall be construed as if they were references contained in the British Nationality Act 1948.
Constitution of India 1950
395. 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.
