Article 147 of the Costitution of India with Case law
🔹 Article 147 of the Constitution of India
Title: Interpretation
🔸 Text of Article 147
In this Chapter, references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references to the interpretation of:
(a) the provisions of the Government of India Act, 1935, having the force of law by virtue of Article 372, and
(b) any order in Council or order made thereunder, or
(c) any order made under the Indian Independence Act, 1947,
or any law made under that Act.
🔸 Explanation of Article 147
Article 147 is placed in Chapter IV (The Union Judiciary) of Part V of the Constitution.
It is a clarificatory provision.
It ensures that when the Constitution mentions a "substantial question of law as to the interpretation of the Constitution" (such as in Article 132), it also includes the interpretation of:
Laws that continued in force from the British period, especially:
Government of India Act, 1935
Orders made under the Indian Independence Act, 1947
Orders in Council or statutory instruments issued under British rule
This article was important for the transition from colonial legal structure to constitutional governance in independent India.
🔸 Relevance
Ensures continuity of legal interpretation by treating provisions from pre-constitutional laws as part of constitutional interpretation in relevant appeals (especially under Articles 132, 133, and 134).
Helps courts interpret laws that still draw their authority from Article 372 (continuation of existing laws).
🔸 Important Case Laws involving Article 147
🧑⚖️ State of Gujarat v. Vora Fiddali Badruddin Mithibarwala, AIR 1964 SC 1043
Held: Interpretation of laws made under the Indian Independence Act, 1947, can be treated as constitutional interpretation under Article 132, read with Article 147.
🧑⚖️ Ujagar Prints v. Union of India, (1989) 3 SCC 488
Though primarily about excise law, the court emphasized the importance of interpreting constitutional provisions in light of pre-constitutional laws, where Article 147’s scope was indirectly relevant.
🧑⚖️ State of Bombay v. United Motors (India) Ltd., AIR 1953 SC 252
Interpretation of provisions continued from the Government of India Act, 1935, was involved.
The Court recognized that such interpretation could be treated as a constitutional question under Article 147.
🔸 Summary Table
| Aspect | Details |
|---|---|
| Purpose | To widen the scope of "constitutional interpretation" |
| Includes interpretation of | Govt. of India Act 1935, Indian Independence Act 1947, Orders in Council |
| Applies to | Appeals under Article 132 and similar provisions |
| Effect | Brings pre-Constitution legal instruments under constitutional scrutiny |
🔸 Conclusion
Article 147 ensures that the transition from colonial laws to constitutional laws does not lead to legal gaps in judicial interpretation. It helps the Supreme Court maintain a consistent line of constitutional reasoning, even when dealing with laws enacted before the Constitution came into effect.
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