Part XIX - Miscellaneous • Article

Article 367 Simplified: Interpretation

Article 367 is an Interpretation clause detailing how certain terms should be understood in the Constitution (clause 4 reference was omitted and updated by constitutional amendments).

Official Text

(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. [(4) * * * *]. The words "or Rajpramukh" omitted by s. 29 and Sch.,ibid. (w.e.f. 1-11-1956). 4. Seethe Constitution (Declaration as to Foreign States) Order, 1950 (C.O. 2). 5. Added by the Constitution (Application to Jammu and Kashmir) Order, 2019 (C.O. 272) (w.e.f. 5-8-2019), for the text of this C.O., seeAppendix II. AMENDMENT OF THE CONSTITUTION

Simple Meaning

Article 367 is an Interpretation clause detailing how certain terms should be understood in the Constitution (clause 4 reference was omitted and updated by constitutional amendments).

Explain Like Ten

This rule tells judges how to read and understand the Constitution's words. It says they should use the normal rules of law (General Clauses Act) and that reference to 'laws' also includes temporary orders called Ordinances.

Student Mode

The interpretation clause. Clause (1) applies the General Clauses Act, 1897, for interpreting the Constitution, subject to necessary adaptations. Clause (2) clarifies that any reference to Acts/laws made by Parliament or a State Legislature includes a reference to Ordinances made by the President or Governors. Clause (3) defines a 'foreign State' as any State other than India, subject to Presidential notifications (such as the Declaration as to Foreign States Order, 1950, which declared Commonwealth countries as non-foreign).

Example

Article 367 is an Interpretation clause — it says the General Clauses Act, 1897 applies to interpreting the Constitution, unless the context requires otherwise. For example, when Article 370 referred to "Government of the State," Article 367(4) defined what that meant. In 2019, a Presidential Order controversially used Article 367 to redefine "Constituent Assembly of J&K" as "Legislative Assembly of J&K," enabling the revocation of Article 370 — a legally contested interpretation.

Key Takeaway

Article 367 is historical, not an active rule; remember it as an amended provision on interpretation.

FAQs

What is the significance of the General Clauses Act, 1897, in Article 367?

The General Clauses Act provides standardized rules for statutory construction, definitions of basic legal terms, and gender/number interpretations. Article 367(1) ensures that the same established judicial rules of interpretation apply to the Constitution.

Are executive Ordinances treated as equivalent to legislative Acts under Article 367?

Yes. Clause (2) explicitly states that references to laws passed by Parliament or State Assemblies include Ordinances promulgated by the President or Governors during recess, ensuring constitutional parity of temporary laws.

Quiz

Which Act is designated by Article 367(1) as the baseline for interpreting the Constitution?

Answer: The General Clauses Act, 1897

Under Article 367(3), a 'foreign State' is defined as:

Answer: Any State other than India