Part V - The Union • Article

Article 147 Simplified: Interpretation

Article 147 is a technical interpretation rule. It clarifies that references in the Constitution to a 'substantial question of law' also include legal questions about the interpretation of pre-independence laws, such as the Government of India Act, 1935 and the Indian Independence Act, 1947.

Official Text

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. C HAPTER V.—C OMPTROLLER AND A UDITOR -G ENERAL OF I NDIA

Simple Meaning

Explain Like Ten

This rule says that if the Supreme Court is studying a big question about the Constitution, they can also look at older pre-1950 laws (like the Government of India Act, 1935) and treat those questions with the same high importance.

Student Mode

A specific interpretation clause clarifying that references to any 'substantial question of law as to the interpretation of this Constitution' in Chapter IV of Part V (The Union Judiciary) and Chapter V of Part VI (High Courts) include questions regarding the interpretation of the Government of India Act, 1935, and the Indian Independence Act, 1947.

Example

If a modern land dispute depends on how a clause in the colonial-era Government of India Act of 1935 is interpreted, the Supreme Court can treat it as a constitutional question under Article 147.

Key Takeaway

Constitutional interpretation in the Supreme Court extends to interpreting key pre-1950 British-era statutes.

FAQs

What laws are covered under the interpretation scope of Article 147?

It covers the Government of India Act, 1935 (including amending/supplementing acts), any Order in Council made thereunder, and the Indian Independence Act, 1947.

Why is Article 147 necessary?

Since many constitutional provisions and administrative structures were adapted directly from the Government of India Act, 1935, Article 147 ensures the Supreme Court can interpret these historical roots with constitutional authority.

Quiz

Under Article 147, references to constitutional interpretation include the interpretation of which historical Act?

Answer: The Government of India Act 1935

Article 147 covers interpretation of pre-constitutional laws for which parts of the judiciary?

Answer: The Supreme Court and High Courts