Part V: The Union
The Union Judiciary
Article 147: Interpretation
--- Original Article ---
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.
Explanations
Article 147 of the Constitution of India provides a specific guideline for the interpretation of the Constitution. This article is particularly significant in resolving legal disputes that involve the understanding of constitutional provisions and historic legal frameworks that existed prior to the Indian Constitution.
Key Provisions:
- Interpretation of substantial questions of law includes those concerning the Government of India Act, 1935, and the Indian Independence Act, 1947.
- Enactments amending or supplementing these acts, as well as Orders in Council, are also covered.
Real-Life Examples
- Cases interpreting federalism and the division of powers have referred to the Government of India Act, 1935, to clarify ambiguities in the Constitution.
- Disputes regarding pre-1947 tax laws have relied on interpretations grounded in the Indian Independence Act, 1947.
Historical Significance
Article 147 acknowledges the legal continuity from the pre-independence era, bridging India's colonial legal framework with its post-independence legal system. The inclusion of the Government of India Act, 1935, reflects its foundational role in shaping India's constitutional development.
Debates and Amendments
In the Constituent Assembly, Dr. Bakshi Tek Chand proposed Article 147 (then Article 122-A) to ensure continuity in adjudicating cases linked to pre-independence legal frameworks. This proposal addressed concerns that omitting references to older statutes might create legal uncertainties.
Shri T.T. Krishnamachari emphasized its practical implications, ensuring that legal actions taken under older laws could still be contested under the new Constitution.
Dr. B.R. Ambedkar supported the provision, stating that rights and obligations accrued under older laws must remain enforceable to avoid legal voids in the transition to the new constitutional framework. He cited examples of provincial tax laws that continued to affect governance and required constitutional clarity.
Shri K. Santhanam raised concerns, arguing that embedding references to older laws in the Constitution might complicate its interpretation. However, proponents emphasized that such measures were necessary for a seamless legal transition.
The Assembly adopted the provision after robust debates, ensuring Article 147 would serve as a bridge between the colonial legal framework and independent India's constitutional order.
Frequently Asked Questions (FAQs)
Article 147 ensures continuity by including references to earlier statutes like the Government of India Act, 1935, and the Indian Independence Act, 1947, in interpreting constitutional questions.
It allows the Supreme Court and High Courts to consider substantial legal questions arising from laws such as the Government of India Act, 1935, ensuring their relevance in resolving disputes.
Yes, it explicitly includes enactments amending or supplementing earlier statutes, ensuring comprehensive legal continuity.
References
- Government of India Act, 1935
- Indian Independence Act, 1947
- Constituent Assembly Debates
- Supreme Court Judgments interpreting Article 147