Actual Article
Article 367: Interpretation
(1) Unless the context otherwise requires, the General Clauses Act, 1897, applies for the interpretation of this Constitution as it applies for the interpretation of an Act of the Legislature of the Dominion of India.
(2) Any reference in this Constitution to Acts or laws of, or made by, Parliament or the Legislature of a State shall be construed as including a reference to an Ordinance made by the President or the Governor, as the case may be.
(3) For the purposes of this Constitution “foreign State” means any State other than India:
Provided that, subject to the provisions of any law made by Parliament, the President may by order declare any State not to be a foreign State for such purposes as may be specified in the order.
(4) For the purposes of clause (1) of Article 5, any person who has, before the commencement of this Constitution, been ordinarily resident in the territory of India for not less than five years shall be deemed to have been ordinarily resident in the territory of India on the date of such commencement.
UPSC Notes for Article 367
Explanation:
- Application of General Clauses Act: Article 367(1) states that the General Clauses Act, 1897, which provides rules for the interpretation of statutes, also applies to the interpretation of the Constitution.
- Ordinances Included: Article 367(2) clarifies that references to Acts or laws made by Parliament or State Legislatures include Ordinances made by the President or Governors.
- Definition of Foreign State: Article 367(3) defines “foreign State” as any State other than India, but allows the President to declare any State not to be a foreign State for specified purposes.
- Ordinary Residence: Article 367(4) specifies that for the purpose of determining citizenship under Article 5, a person who has been ordinarily resident in India for five years before the Constitution’s commencement is considered ordinarily resident on the commencement date.
Key Points:
- Interpretation Rules: Provides a framework for interpreting the Constitution using the General Clauses Act, ensuring consistency in legal interpretation.
- Inclusion of Ordinances: Ensures that Ordinances are treated as equivalent to Acts for the purposes of constitutional references, maintaining the validity of executive actions.
- Flexibility in Foreign State Definition: Allows the President to adjust the definition of foreign States for specific purposes, providing flexibility in international relations.
- Citizenship Clarification: Provides clarity on the status of individuals for citizenship purposes at the commencement of the Constitution.
Important Cases and Commissions Related to Article 367
Cases:
- Re Berubari Union Case (1960): The Supreme Court interpreted Article 367 in the context of defining “foreign State” and the power of the President to declare certain areas not to be foreign States for specific purposes.
- Madan Singh vs. State of Rajasthan (1978): Addressed the interpretation of certain constitutional provisions using the rules provided under Article 367.
Commissions:
- Law Commission of India: Reviews and provides recommendations on the interpretation of statutes and constitutional provisions, ensuring they align with current legal and social contexts.
Important Reports Related to Article 367:
- Law Commission Reports: Various reports have discussed the application of the General Clauses Act to the interpretation of constitutional provisions, emphasizing clarity and consistency in legal interpretation.
Previous Year Prelims Questions Related to Article 367
- (UPSC Prelims 2016) What does Article 367 of the Indian Constitution provide for?
A. The amendment of the Constitution
B. The interpretation of the Constitution
C. The election of the President
D. The powers of the Governor Correct Answer: B. The interpretation of the Constitution - (UPSC Prelims 2018) According to Article 367, how is the term “foreign State” defined?
A. Any State other than India
B. Any State within India
C. Any State declared as such by the Supreme Court
D. Any territory specified by Parliament Correct Answer: A. Any State other than India
Previous Year Mains Questions Related to Article 367
- Mains 2016: “Discuss the significance of Article 367 in the interpretation of the Indian Constitution. How does the application of the General Clauses Act, 1897, ensure consistency in constitutional interpretation?”
- Mains 2019: “Evaluate the role of Article 367 in clarifying the definition of ‘foreign State’ and its implications for India’s international relations. How does this provision provide flexibility in diplomatic matters?”
Additional Insights:
- Legal Interpretation Framework: Article 367 provides a structured framework for interpreting the Constitution, ensuring that legal principles are consistently applied.
- Executive Powers: Recognizes the role of executive actions, such as Ordinances, in the constitutional framework, ensuring their validity and equivalence to legislative Acts.
- International Relations Flexibility: The ability of the President to declare certain States not to be foreign States for specific purposes allows for adaptable and pragmatic international relations.
- Historical Context for Citizenship: Clarifies the criteria for ordinary residence for citizenship purposes at the time of the Constitution’s commencement, addressing historical residency issues.
Understanding Article 367 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for interpreting the Constitution, highlighting the balance between legal consistency and flexibility. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring the accurate application and interpretation of the Indian Constitution.