5th September 2013
Rahul Mehta, we must replace India’s Consititution, but Article 147 is not a backdoor for British imperialism
147. Interpretation In this Chapter and in Chapter V of Part VI references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references to any substantial question of law as to the interpretation of the Government of India Act, 1935 (including any enactment amending or supplementing that Act), or of any Order in Council or order made thereunder, or of the Indian Independence Act, 1947 , or of any order made thereunder
But there is no need to panic. The British are not taking over India. There is no risk to India's sovereignty! I'm re-publishing something useful in this regard which I found on the internet.
All know that the Hon’ble Supreme Court of India is supreme in interpretation of any substantial question of law including the interpretation of Indian Constitution itself. Article 147 of Indian Constitution speaks about such power of interpretation of law and it specifically makes it clear that such interpretation of law by Supreme Court shall include interpretation of the Government of India Act, 1935, Order in Council meaning Privy Council and Indian Independence Act, 1947. Article 395 of Indian Constitution speaks about repeal of the Government of India Act, 1935 and the Indian Independence Act, 1947. But the same Article does not repeal the Abolition of Privy Council Jurisdiction Act, 1949. We, the people of India adopted and enacted our Constitution on 26th November, 1949 although it came into force with effect from 26th January, 1950 from which day we became Republic of India. The question here is why was the Abolition of Privy Council Jurisdiction Act, 1949 not repealed by Indian Constitution and if the said law is not repealed whether His Majesty in Council still continues to rule India. My answer to this question is absolutely NO. The said Act of 1949 abolished the jurisdiction of His Majesty in Council over India and any repeal of said Act of 1949 by Article 395 of Indian Constitution would have restored that jurisdiction over sovereign India. -Adv.B.S.More [Source]
See also Rajiv Dixit elaborating on a similar issue.