 |
| What is Article 367 of Indian constitution |
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| (4) | Inserted by the 35th Amendment Act, 1974 (now repealed) — related to Sikkim’s special status before it became a full State in 1975.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) |
Follow Us