Actual Article
Article 147: Interpretation
In this Chapter, unless the context otherwise requires, the expression “the law declared by the Supreme Court” includes any judgment, decree, or order of the Supreme Court in the exercise of its jurisdiction, and the expression “the Supreme Court” shall be construed as including also the Federal Court of India or any other Court in the territory of India before the commencement of this Constitution in so far as any such judgment, decree, or order of such Court was at the commencement of this Constitution, the law in force in the territory of India.
UPSC Notes for Article 147
Explanation:
- Definition of “Law Declared”:
- The phrase “the law declared by the Supreme Court” includes any judgment, decree, or order issued by the Supreme Court in exercising its jurisdiction.
- This ensures that all types of judicial pronouncements by the Supreme Court are considered binding and authoritative.
- Inclusion of Pre-Constitution Courts:
- The term “the Supreme Court” also encompasses the Federal Court of India and any other court that existed in the territory of India before the commencement of the Constitution.
- This means that judgments, decrees, or orders of these courts, if they were in force at the time of the Constitution’s commencement, are considered part of the law declared by the Supreme Court.
Key Points:
- Comprehensive Jurisprudence: Ensures that all judicial pronouncements by the Supreme Court are considered authoritative, promoting legal certainty and consistency.
- Historical Continuity: Recognizes the continuity of legal principles and precedents from pre-Constitution courts, integrating them into the modern judicial framework.
- Broad Interpretation: Provides a broad interpretation of the term “the Supreme Court” to include historical courts, ensuring that their decisions remain relevant and binding.
Important Cases and Commissions Related to Article 147
Cases:
- Kesavananda Bharati vs. State of Kerala (1973): Emphasized the significance of Supreme Court judgments in shaping constitutional interpretation.
- L. Chandra Kumar vs. Union of India (1997): Highlighted the binding nature of Supreme Court judgments on all courts in India.
Commissions:
- Law Commission of India: Various reports have emphasized the importance of clear and consistent judicial interpretation, supported by the binding nature of Supreme Court judgments.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Recommended measures to enhance the clarity and applicability of Supreme Court judgments as binding precedents.
Previous Year Prelims Questions Related to Article 147
- (UPSC Prelims 2016) The expression “the law declared by the Supreme Court” under Article 147 includes:
- A. Only judgments
- B. Judgments, decrees, or orders
- C. Only decrees
- D. Only orders Correct Answer: B. Judgments, decrees, or orders
- (UPSC Prelims 2019) Which of the following courts are included in the expression “the Supreme Court” as per Article 147?
- A. Only the Supreme Court of India
- B. The Supreme Court of India and the Federal Court of India
- C. The Supreme Court of India, the Federal Court of India, and any other pre-Constitution courts
- D. Only pre-Constitution courts Correct Answer: C. The Supreme Court of India, the Federal Court of India, and any other pre-Constitution courts
Previous Year Mains Questions Related to Article 147
- Mains 2016: “Discuss the significance of Article 147 in the interpretation of the law declared by the Supreme Court. How does this article ensure the continuity and authority of judicial precedents in India?”
- Mains 2019: “Analyze the role of Article 147 in integrating the judgments of pre-Constitution courts into the modern judicial framework. How does this provision enhance legal consistency and stability?”
Additional Insights:
- Legal Continuity: Article 147 ensures the continuity of legal principles by integrating the judgments of pre-Constitution courts into the current legal framework.
- Authority of Supreme Court: Reinforces the authority of the Supreme Court by recognizing all its judicial pronouncements as binding, promoting consistency in legal interpretation.
- Historical Integration: Acknowledges the historical context of India’s legal system, ensuring that pre-Constitution judicial decisions continue to influence contemporary legal practices.
Understanding Article 147 is crucial for UPSC aspirants as it outlines the interpretation of the law declared by the Supreme Court, ensuring the continuity and authority of judicial precedents. This knowledge is essential for both preliminary and main examinations, offering insights into the mechanisms that support the effective administration of justice and the integration of historical legal principles in India.