AI Overview...
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Article 367 - Interpretation Clause - Article 367 provides the framework for interpreting the Constitution and its provisions, serving as an interpretative aid rather than a legislative power. It clarifies definitions and the scope of constitutional terms. Several sources emphasize that Article 367 is an interpretation clause and cannot be used to amend the Constitution or alter its fundamental provisions. For instance, Source IN RE: ARTICLE 370 OF THE CONSTITUTION VS . - Supreme Court states that Article 367 is an interpretation clause and cannot be used to characterise or amend provisions like Article 370. Similarly, Source Karnataka Bank Ltd. VS State of A. P. - Supreme Court notes that Article 367 is related to the interpretation of constitutional provisions and does not confer legislative powers.
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Relationship with Amendments and Other Articles - The sources clarify that Article 367 does not empower the Parliament to amend the Constitution directly. Instead, amendments require specific procedures outlined elsewhere, such as Article 368. Source IN RE: ARTICLE 370 OF THE CONSTITUTION VS . - Supreme Court highlights that attempts to amend or interpret provisions like Article 370 through Article 367 are ultra vires. Source Mohd. Maqbool Damnoo VS State Of J & K - Supreme Court emphasizes that Article 370(1)(b)(d) cannot be used to amend Article 370, reinforcing that Article 367's scope is interpretative, not legislative.
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Legal and Judicial Interpretations - Courts have interpreted Article 367 as a tool for understanding the Constitution, not altering it. For example, Source Mohd. Maqbool Damnoo VS The State of Jammu and Kashmir and The Attorney-General for India (By notice. ) - Madras discusses how explanations in Article 370 serve as definitions, and Article 367 aids in interpreting such provisions. Source Central Coalfields Limited VS State Of Bihar - Patna states that the High Court's role is to interpret the Constitution and statutes, including Article 367, without altering their content.
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Implications for Constitutional Amendments - The consensus across sources is that constitutional amendments must follow explicit procedures, and Article 367 does not grant authority to amend. Source NARESH CHANDRA BOSE VS SACHINDRA NATH DEB - Calcutta explains that laws in force before independence are preserved under Article 372 and that amendments require adherence to constitutional procedures, not interpretation under Article 367.
Analysis and Conclusion -
Article 367 of the Indian Constitution functions solely as an interpretation clause that assists in understanding and clarifying the Constitution's provisions. It does not possess legislative or amending powers. Attempts to use Article 367 to amend or modify provisions like Article 370 or to enact changes beyond its interpretative scope are unconstitutional. The proper process for constitutional amendments involves specific procedures outlined in Article 368, ensuring the separation of interpretation and legislative authority. This distinction preserves the integrity of constitutional law and prevents arbitrary amendments through interpretative clauses.
References:
- IN RE: ARTICLE 370 OF THE CONSTITUTION VS . - Supreme Court, Karnataka Bank Ltd. VS State of A. P. - Supreme Court, Mohd. Maqbool Damnoo VS State Of J & K - Supreme Court, NARESH CHANDRA BOSE VS SACHINDRA NATH DEB - Calcutta, Mohd. Maqbool Damnoo VS The State of Jammu and Kashmir and The Attorney-General for India (By notice. ) - Madras, S. Latha VS Government of Tamil Nadu, rep. by its Principal Secretary, Chennai - Madras, Central Coalfields Limited VS State Of Bihar - Patna
Search Results for "Indian Constitution Article 367 Explanation"
2023 8 Supreme 526 • India - Supreme Court
D. Y. CHANDRACHUD, B. R. GAVAI, SURYA KANT, SANJAY KISHAN KAUL, SANJIV KHANNA
Article 370(1)(d) cannot be used to amend Article 370 and Article 367 which is an interpretation clause, cannot be used to character ... of a provision – Paragraph 2 of C.O. 272, which amends Article 367(4) is ultra vires Article 370 – However, President had power ... (A) Constitution of India – Article 370 (Now Abrogated by Constitutional Order (CO) ....
1955 0 Supreme(Cal) 163 • India - Calcutta
SEN GUPTA, GUHA RAY
saved by Clause (1) of Article 372 of the Constitution. ... - Explanations I and III of Article 372 did not apply to the Indian Independence (Legal Proceedings) Order, 1947, as it was not ... - Article 372 (1) of the Constitution preserved all the laws in force in the territory of India before the commencement of the ... 367 of the #H....
2017 0 Supreme(All) 62 • India - Allahabad
B.AMIT STHALEKAR
citizens of India or had acquired Indian citizen-ship—A person who was not an Indian citizen could not take a regular or permanent ... Appointment—Compassionate appointment—Petitioner a citizen of Nepal but marrying an Indian—Petitioner never applied for Indian citizen-ship ... during life time of her husband or thereafter—Not a Indian citizen—Government service strictly restricted to pe....
2008 0 Supreme(SC) 93 • India - Supreme Court
S.H.KAPADIA, B.SUDERSHAN REDDY
276(2) of the Constitution. – Appeals Dismissed ... and also Explanation No. ... I to the First Schedule of the Act acted arbitrarily and irrationally and thereby violated Article 14 of the Constitution of India ... to be ascertained from the provisions of the General Clauses Act inasmuch as Article 367 of the Constitution provides the ... But Article #HL_START....
1969 0 Supreme(Del) 172 • India - Delhi
V.S.DESHPANDE
to the interpretation of the Constitution in view of Article 367(1). 4. ... Union Territories are not "states" for the purpose of Article 312(1) of the Constitution and the preamble to the Act of 1951. 3. ... Whether Union Territories are "states" for the purpose of Article 312(1) of the Constitution and the preamble to the Act of 1951? ... Article #HL....
1971 0 Supreme(Mad) 2 • India - Madras
S.M.SIKRI, J.M.SHELAT, I.D.DUA, H.R.KHANNA, G.K.MITTER
The Explanation in Article 370 of the Constitution is a mere definition inserted for the purpose of the Article in accordance with ... Articles 21 and 22 of the Constitution are excluded by Article 35(c) of the Constitution. 4. ... The Court further held that Articles 21 and 22 of the Constitution were excluded by #H....
2023 0 Supreme(Mad) 1561 • India - Madras
M. S. RAMESH
Final Decision: The impugned order was treated as a 'show cause notice' and the petitioner was granted liberty to render an explanation ... The court also emphasized the violation of the equality clause under Article 14 of the Constitution of India due to improper pay ... the objection based on migration to government service, and highlighted the violation of the equality clause under Article 14 of ... The petitioner is granted liberty to r....
1990 0 Supreme(Pat) 367 • India - Patna
S.B.SINHA, SATYESHWAR ROY
(Para 35, 37, 38, 45, 52, 60 & 73) ... [Under Article 141 of the Constitution ... respect of land-a land revenue within the meaning of Entry 45 or Entry 49 of List II would mean a revenue in respect of land and Explanation ... The power of the High Court is only to interpret the Constitution and statute in such cases and upon interpretation to declare that ... to read the Constitution in a harmonious way.....
2011 0 Supreme(Kar) 254 • India - Karnataka
H.G.RAMESH
Act, 2003 with effect from 1-4-2003 as violative of Article 276(2) read with Article 367(1) of the Constitution of India and Section ... KARNATAKA TAX ON PROFESSIONS, TRADES, CALLINGS & EMPLOYMENT ACT, 1976 - Section 2(h), Explanation - [Huluvadi G. ... 270 and 276(2) of the Constitution from each person cannot exceed Rs.2,500/-. ... ... Article 276 of the Constitution....
1972 0 Supreme(SC) 12 • India - Supreme Court
J. M. SHELAT, S. M. SIKRI, H. R. KHANNA, G. K. MITTER, I. D. DUA
Section 147 of Constitution of Jammu and Kashmir itself lays down that section cannot amend the Indian Constitution. ... THERE IS NO LIMITATION ON AMENDMENT OF CONSTITUTION OF JAMMU AND KASHMIR IMPOSED BY ARTICLE 370(1)(b)(D) ... ... ;-held, limitation if any is to be found in the Constitution of the State itself. ... The main point of dispute between is the position and importanc....
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