Part XII: Miscellaneous Provisions

Article 367: Interpretation

Original Article:

(1) Unless the context otherwise requires, the General Clauses Act, 1897, shall, subject to any adaptations and modifications that may be made therein under article 372, apply for the interpretation of this Constitution as it applies for the interpretation of an Act of the Legislature of the Dominion of India.

(2) Any reference in this Constitution to Acts or laws of, or made by, Parliament, or to Acts or laws of, or made by, the Legislature of a State, shall be construed as including a reference to an Ordinance made by the President or, to an Ordinance made by a Governor, as the case may be.

(3) For the purposes of this Constitution, “foreign State” means any State other than India: Provided that, subject to the provisions of any law made by Parliament, the President may by order declare any State not to be a foreign State for such purposes as may be specified in the order.

Explanations:

Article 367 of the Indian Constitution serves as a procedural guide for interpreting constitutional provisions. By referencing the General Clauses Act, 1897, it ensures consistency and clarity in understanding the Constitution’s language, while also adapting legal interpretations to meet evolving legislative needs.

Clause-by-Clause Explanation:

Clause (1): Application of the General Clauses Act

This clause integrates the definitions and rules of interpretation from the General Clauses Act, 1897, providing a uniform framework for understanding constitutional terms.

Clause (2): Inclusion of Ordinances

This clause expands the interpretation of laws to include ordinances issued by the President or Governors, ensuring that temporary legislative measures are treated equivalently to formal Acts within constitutional contexts.

Clause (3): Definition of “Foreign State”

Defines a “foreign State” as any state outside India but grants the President authority to designate specific states as non-foreign for particular purposes, subject to parliamentary law.

Historical Context and Amendments:

The application of the General Clauses Act through Article 367 reflects the continuity of legal principles from colonial to post-independence India. Amendments to this article, such as the extension to Jammu and Kashmir through the Constitution (Application to Jammu and Kashmir) Order, 2019, highlight its evolving relevance.

Real-Life Example:

During the enactment of the Goods and Services Tax (GST), Article 367’s interpretative guidance ensured consistency in applying constitutional provisions related to taxation, particularly through the incorporation of definitions from the General Clauses Act.

References:

The Constitution of India, Article 367; General Clauses Act, 1897; Constitution (Application to Jammu and Kashmir) Order, 2019; and legal commentaries on constitutional interpretation.