Actual Article
Article 366: Definitions
In this Constitution, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—
(1) “agricultural income” means agricultural income as defined for the purposes of the enactments relating to Indian income-tax;
(2) “an Anglo-Indian” means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only;
(3) “article” means an article of this Constitution;
(4) “borrow” includes the raising of money by the grant of annuities, and “loan” shall be construed accordingly;
(5) “clause” means a clause of the article in which the expression occurs;
(6) “corporation tax” means any tax on income, so far as that tax is payable by companies and is a tax in the case of which the following conditions are fulfilled:—
- (a) that it is not chargeable in respect of agricultural income;
- (b) that no deduction in respect of the tax paid by companies is, by any enactment which may apply to the tax, authorized to be made from dividends payable by the companies to individuals;
- (c) that no provision exists for taking the tax so paid into account in computing for the purposes of Indian income-tax the total income of individuals receiving such dividends, or in computing the Indian income-tax payable by, or refundable to, such individuals;
(7) “corresponding Province”, “corresponding Indian State” or “corresponding State” means in relation to the State of Jharkhand, the State of Chhattisgarh or the State of Uttaranchal, the State of Bihar, the State of Madhya Pradesh or the State of Uttar Pradesh, respectively;
(8) “debt” includes any liability in respect of any obligation to repay capital sums by way of annuities, and “debt charges” shall be construed accordingly;
(9) “estate duty” means a duty to be assessed on, or by reference to, the principal value ascertained in accordance with such rules as may be prescribed by or under laws made by Parliament or the Legislature of a State relating to estate duty;
(10) “existing law” means any law, ordinance, order, bye-law, rule or regulation passed or made before the commencement of this Constitution by any Legislature, authority or person having power to make such a law, ordinance, order, bye-law, rule or regulation;
(11) “Federal Court” means the Federal Court constituted under the Government of India Act, 1935;
(12) “goods” includes all materials, commodities, and articles;
(13) “guarantee” includes any obligation undertaken before the commencement of this Constitution to make payments in the event of the profits of an undertaking falling short of a specified amount;
(14) “High Court” means any court which is deemed for the purposes of this Constitution to be a High Court for any State and includes— - (a) any Court in the territory of India constituted or reconstituted under this Constitution as a High Court, and
- (b) any other Court in the territory of India which may be declared by Parliament by law to be a High Court for all or any of the purposes of this Constitution;
(15) “Indian State” means any territory which the Government of the Dominion of India recognized as such a State;
(16) “Part” means a Part of this Constitution;
(17) “pension” means a pension, whether contributory or not, of any kind whatsoever payable to or in respect of any person, and includes retired pay so payable; a gratuity so payable; and any sum or sums so payable by way of the return, with or without interest thereon or any other addition thereto, of subscriptions to a provident fund;
(18) “President” means the President of India;
(19) “Proclamation of Emergency” means a Proclamation of Emergency issued under clause (1) of Article 352;
(20) “property” includes both moveable and immoveable property;
(21) “public notification” means a notification in the Gazette of India, or, as the case may be, in the Official Gazette of a State;
(22) “railway” does not include— - (a) a tramway wholly within a municipal area, or
- (b) any other line of communication wholly situate in one State and declared by Parliament by law not to be a railway;
(23) “rate” means a tax levied by a local authority or body for the purpose of the Act under which such authority or body is constituted;
(24) “recognised stock exchange” means a stock exchange which is for the time being recognised by any law in force in India;
(25) “regulation” means a regulation made by the President under Article 240;
(26) “Ruler” means the Prince, Chief or other person who, at any time before the commencement of the Constitution (Twenty-sixth Amendment) Act, 1971, was recognized by the President as the Ruler of an Indian State or any person who, at any time before such commencement, was recognized by the President as the successor of such Ruler;
(27) “Schedule” means a Schedule to this Constitution;
(28) “scheduled areas” means the scheduled areas referred to in clause (1) of Article 244;
(29) “Scheduled Castes” means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under Article 341 to be Scheduled Castes for the purposes of this Constitution;
(30) “Scheduled Tribes” means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this Constitution;
(31) “securities” includes stock;
(32) “sub-clause” means a sub-clause of the clause in which the expression occurs;
(33) “Supreme Court” means the Supreme Court of India constituted by this Constitution;
(34) “taxation” includes the imposition of any tax or impost, whether general or local or special, and “tax” shall be construed accordingly;
(35) “Union” means the Union of India;
(36) “Union territory” means any Union territory specified in the First Schedule and includes any other territory comprised within the territory of India but not specified in that Schedule;
(37) “vested” or “vest” in relation to property, includes any interest in or right to property creating a proprietary right in respect thereof;
(38) “State” means a State specified in the First Schedule.
UPSC Notes for Article 366
Explanation:
- Definitions: Article 366 provides definitions for various terms used throughout the Constitution. These definitions ensure clarity and uniformity in interpretation.
- Key Terms: Includes definitions for terms like “agricultural income,” “Anglo-Indian,” “High Court,” “property,” “public notification,” “Scheduled Castes,” and “Scheduled Tribes,” among others.
Key Points:
- Clarity and Consistency: Ensures that terms used in the Constitution are clearly defined, promoting consistency in legal interpretation and application.
- Comprehensive List: Provides a comprehensive list of definitions for various terms, covering a wide range of aspects related to governance, taxation, property, and more.
Important Cases and Commissions Related to Article 366
Cases:
- Various Judicial Interpretations: Courts have referred to Article 366 to interpret specific terms and provisions in the Constitution, ensuring that their application aligns with the defined meanings.
Commissions:
- Law Commissions: Have reviewed and recommended updates to the definitions in Article 366 to ensure they remain relevant and accurate.
Important Reports Related to Article 366:
- Law Commission Reports: Discuss the implications of specific definitions and recommend changes to align with contemporary legal and social contexts.
Previous Year Prelims Questions Related to Article 366
- (UPSC Prelims 2016) Which article of the Indian Constitution provides definitions for various terms used throughout the Constitution?
A. Article 352
B. Article 356
C. Article 360
D. Article 366 Correct Answer: D. Article 366 - (UPSC Prelims 2018) According to Article 366, what does the term “Scheduled Tribes” refer to?
A. Tribes listed by the President
B. Tribes deemed under Article 342 to be Scheduled Tribes
C. Tribes specified in the First Schedule
D. Tribes notified by the Governor Correct Answer: B. Tribes deemed under Article 342 to be Scheduled Tribes
Previous Year Mains Questions Related to Article 366
- Mains 2016: “Discuss the significance of Article 366 in providing definitions for terms used in the Indian Constitution. How do these definitions ensure clarity and consistency in legal interpretation?”
- Mains 2019: “Evaluate the role of Article 366 in the interpretation of constitutional provisions. How do these definitions impact the application of the Constitution in governance and law?”
Additional Insights:
- Legal Interpretation: Article 366 plays a crucial role in legal interpretation, ensuring that the terms used in the Constitution are understood uniformly across various legal contexts.
- Updates and Relevance: The definitions provided in Article 366 need to be periodically reviewed and updated to reflect changes in society, law, and governance.
- Foundation for Governance: These definitions form the foundation for the application and enforcement of constitutional provisions, impacting various aspects of governance and law.
Understanding Article 366 is crucial for UPSC aspirants as it provides insights into the definitions of key terms used in the Constitution, highlighting the importance of clarity and consistency in legal interpretation. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring the accurate application of the Indian Constitution.