What is Article 367 of Indian Constitution – Defination & Meaning

Article 367: Interpretation (1) Unless the context otherwise requires, the General Clauses Act, 1897, shall, subject to any adaptations and modifications that
📅 Part XIX – Miscellaneous
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Article Number

367

part

Part XIX – Miscellaneous

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Bare Acts Text

Article 367: Interpretation

  • (1) Unless the context otherwise requires, the General Clauses Act, 1897, shall, subject to any adaptations and modifications that may be made therein under article 372, apply 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 to Acts or laws of, or made by, the Legislature of a State, shall be construed as including a reference to an Ordinance made by the President or, to an Ordinance made by a 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.
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Full Definition & Explanation

Article 367 of the Indian Constitution deals with how certain terms and phrases should be interpreted within the Constitution itself. It states that the General Clauses Act of 1897 will guide interpretations unless there is a specific context that changes this. This Act provides definitions and rules about how laws are to be understood and applied, which is key for legal clarity. This means that anyone interpreting laws under the Constitution, including judges, lawyers, and lawmakers, will use these guidelines to ensure consistency and uniformity in understanding legal texts. The article also clarifies that references to laws made by Parliament or State Legislatures should include any ordinances issued by the President or Governors. An ordinance is a temporary law enacted when Parliament is not in session. This inclusion ensures that all laws, whether passed through the usual legislative process or through an ordinance, are treated the same way under the Constitution. This helps maintain a unified approach in the legal system, especially during times when immediate action is required, such as in emergencies. Lastly, Article 367 defines a ‘foreign State’ as any state outside India, but it allows the President to declare a state as not foreign for specific purposes. This adaptability can be useful in diplomatic or legal contexts where flexibility is necessary. By providing these definitions and interpretations, Article 367 plays a key role in ensuring that the Constitution can be applied effectively in various situations, affecting how laws are understood and enforced in India.

Historical Context

It states that the General Clauses Act of 1897 will guide interpretations unless there is a specific context that changes this. This Act provides definitions and rules about how laws are to be understood and applied, which is key for legal clarity. This means that anyone interpreting laws under the Constitution, including judges, lawyers, and lawmakers, will use these guidelines to ensure consistency and uniformity in understanding legal texts. The article also clarifies that references to laws made by Parliament or State Legislatures should include any ordinances issued by the President or Governors.

Key Features

– Article 367 uses the General Clauses Act for interpreting the Constitution.
– It includes ordinances within the scope of laws made by Parliament.
– The term ‘foreign State’ refers to any state outside India.
– The President can redefine a foreign State through an order.
– It ensures consistency in legal interpretations across the Constitution.

Importance & Impact

– Article 367 provides clarity in interpreting constitutional provisions
– It ensures that all forms of legislation are treated uniformly.
– The article allows for quick legislative action through ordinances
– It helps legal professionals understand the scope of laws better.
– The Presidential power to redefine foreign states impacts international law.

Sample UPSC Question

Which of the following statements about Article 367 of the Indian Constitution is correct? A) It applies only to laws made by the Parliament. B) It includes ordinances within the definition of laws. C) It defines ‘foreign State’ solely as adjacent countries. D) It was amended to include new legal interpretations after 2000.? Analyze these options carefully in light of the constitutional distribution of legislative and executive powers.

Answer

The correct answer is B. Article 367 includes ordinances made by the President or Governors within its definition of laws, ensuring they are interpreted similarly to legislative acts. Article 367 of the Indian Constitution deals with how certain terms and phrases should be interpreted within the Constitution itself.

Key Takeaways

✓ Article 367 uses the General Clauses Act for interpretations.
✓ It includes ordinances in the definition of laws.
✓ The article defines ‘foreign State’ as states outside India.
✓ Presidential orders can redefine foreign states as needed.
✓ It provides clarity and consistency in legal language.

FAQs

Article 367 of the Indian Constitution deals with how certain terms and phrases should be interpreted within the Constitution itself. It states that the General Clauses Act of 1897 will guide interpretations unless there is a specific context that changes this. This Act provides definitions and rules about how laws are to be understood and applied, which is key for legal clarity.

An ordinance is a temporary law enacted when Parliament is not in session. This inclusion ensures that all laws, whether passed through the usual legislative process or through an ordinance, are treated the same way under the Constitution. This helps maintain a unified approach in the legal system, especially during times when immediate action is required, such as in emergencies.

Lastly, Article 367 defines a ‘foreign State’ as any state outside India, but it allows the President to declare a state as not foreign for specific purposes. This adaptability can be useful in diplomatic or legal contexts where flexibility is necessary. By providing these definitions and interpretations, Article 367 plays a key role in ensuring that the Constitution can be applied effectively in various situations, affecting how laws are understood and enforced in India.

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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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