What is Article 367 of Indian constitution

www.hinsoli.com July 11, 2025

Article 367 of the Indian Constitution

Title: Interpretation

🔷 Explanation of Article 367:

Article 367 provides rules for interpreting the Constitution. It acts like a mini “Interpretation Act” for the Constitution itself, guiding courts and lawmakers on how to understand words, references, and phrases used in the Constitution.

✅ Key Clauses in Article 367:

Clause	Interpretation Rule
(1)	Refers to the General Clauses Act, 1897 for interpreting terms not defined in the Constitution. That Act will apply as if the Constitution were a Central Act.
(2)	Allows the President to make adaptations or modifications to constitutional references to accommodate Jammu and Kashmir’s integration (historical clause).
(3)	Adds that the President's orders made under this Article must be laid before Parliament.
(4)	Inserted by the 35th Amendment Act, 1974 (now repealed) — related to Sikkim’s special status before it became a full State in 1975.

🧾 Note: Article 367 has been used historically for adapting the Constitution during transitional phases, especially for Jammu & Kashmir and Sikkim.

🛠️ Purpose of Article 367:

Function	Details
📘 Legal Interpretation	Applies standard rules from the General Clauses Act, 1897 for constitutional interpretation
⚖️ Judicial Guidance	Helps courts interpret terms that aren’t clearly defined
⚙️ Transitional Utility	Previously used to make special presidential orders for certain regions like Jammu & Kashmir
🔍 Linguistic Clarity	Applies legal definitions and meanings to ambiguous or undefined terms

📌 Example:

If a term like “law” or “district” isn't defined in the Constitution, courts can refer to the General Clauses Act (which defines such terms) using Article 367.

📝 Summary Table:

Aspect	Details
Type	Interpretative provision
Purpose	To apply rules of interpretation to the Constitution
Refers To	General Clauses Act, 1897
Used For	Undefined terms, special adaptations, transitional arrangements
Still in Use?	✅ Yes, especially Clause (1) for legal interpretation
Special Orders	Allowed in cases like Jammu & Kashmir (before Article 370 was abrogated)

Here is a summary chart of Articles 366 and 367 of the Indian Constitution — both of which deal with definitions and interpretation used throughout the Constitution:

🇮🇳 Articles 366 & 367 – Summary Chart

Article	Title	Key Purpose / Provision	Current Relevance
366	🧾 Definitions
Provides official meanings of important terms like:
🔹 State
🔹 Union Territory
🔹 Scheduled Castes & Tribes
🔹 Ruler
🔹 Service
🔹 Part, Article, Clause, etc.
Used for clarity and consistency across the Constitution.	✅ Widely used — essential for interpreting the Constitution accurately.
367	⚖️ Interpretation
Lays down rules for interpreting the Constitution.
🔹 Applies the General Clauses Act, 1897 for undefined terms.
🔹 Presidential powers to issue adaptation orders during transition (e.g., for Jammu & Kashmir or Sikkim pre-1975).
🔹 Orders under this Article must be laid before Parliament.	✅ Still relevant for legal interpretation; historical clauses used during special state integrations.

📝 Key Differences:

Aspect	Article 366	Article 367
Function	Defines terms used in the Constitution	Explains how to interpret those terms and provisions
Type	Glossary / Dictionary	Interpretation / Legal tool
Linked Laws	Linked with Articles like 341, 342, 352, etc.	Applies General Clauses Act, 1897
Examples	“Scheduled Tribes”, “Ruler”, “State”	“Act”, “Rule”, “District” (when undefined)