Article 367 of the Costitution of India with Case law
Article 367 of the Constitution of India
Title: Interpretation
🧾 Bare Text Summary of Article 367:
Article 367 provides the rules for interpreting the Constitution. It clarifies that the General Clauses Act, 1897—a law containing interpretation guidelines for Indian statutes—shall also apply to the interpretation of the Constitution, unless the context otherwise requires.
🔍 Clause-wise Breakdown:
| Clause | Provision |
|---|---|
| Clause (1) | Unless the context otherwise requires: |
| (a) The General Clauses Act, 1897 shall apply to the interpretation of the Constitution as it applies to Acts of Parliament. | |
| (b) "Government of India" and "Government of any State" shall include the President and the Governor, respectively. | |
| (c) “Indian State” refers to any territory that was recognized as such before the Constitution came into force. | |
| (d) “Article” refers to Articles of the Constitution. | |
| Clause (2) | Added by the Constitution (26th Amendment) Act, 1971 – It abolished the recognition of rulers of Indian States and their privileges. |
| Clause (3) | Defines "Ruler" as per Article 366(22). |
| (Note: this clause was originally inserted to facilitate integration of princely states.) |
🧑⚖️ Important Case Laws on Article 367:
🔹 S.R. Bommai v. Union of India, (1994) 3 SCC 1
Context: Interpretation of "failure of constitutional machinery" under Article 356.
Held:
Article 367 permits reference to the General Clauses Act and standard statutory interpretation principles.
Words must be given meaning based on constitutional structure and objectives.
🔹 Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225
Context: Scope of Parliament’s power to amend the Constitution.
Held:
Article 367 enables application of ordinary rules of statutory interpretation to constitutional provisions.
Interpretation must consider Preamble and structure, not just literal meaning.
🔹 State of Rajasthan v. Union of India, (1977) 3 SCC 592
Held:
Interpretation of Articles involving President’s powers must consider democratic values and constitutional scheme using Article 367(1).
🔹 Shamsher Singh v. State of Punjab, (1974) 2 SCC 831
Held:
The term "President" includes the Council of Ministers, by virtue of Article 367 and the General Clauses Act.
Reinforced that constitutional offices must be interpreted functionally, not just formally.
⚖️ Why Article 367 is Important:
| Use Case | Role of Article 367 |
|---|---|
| Understanding ambiguous terms | Refers to General Clauses Act to decode terms like "may", "shall", "person", "writing" etc. |
| Interpreting the Constitution | Ensures consistent principles of legal interpretation apply across statutes and the Constitution |
| Dealing with repealed references | Allows updating or harmonizing old terms and references |
| Defining terms like “President”, “Governor” | Clarifies these include executive heads, not just symbolic roles |
🧾 About the General Clauses Act, 1897:
This Act contains rules of construction that apply when interpreting Indian laws, including:
"Shall" vs "May"
Plural includes singular, and vice versa
Masculine includes feminine
Powers include incidental powers
Definition of authorities, enactments, notifications, etc.
Article 367 enables these rules to be used within constitutional interpretation too.
✅ Conclusion:
Article 367 acts as the interpretation engine of the Constitution. It:
Provides standard legal tools for understanding constitutional language,
Ensures clarity and consistency in judicial review,
Supports the courts in harmonious construction of provisions.
🔑 Key takeaway: Without Article 367, interpreting constitutional provisions would become disjointed from how statutes are normally interpreted in Indian law.
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