In this blog, we are going to learn about Article 367 of the Indian Constitution. We are going to learn what this article says and in which part of the Constitution it is drafted. What contribution does this article give to India? Learning this article is very important for all the Indian people and especially for the students who are preparing for UPSC, as the question about this article might be asked. So read this blog till the end and learn everything about this article.
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Article 367 Of The Indian Constitution
Article 367 of the Indian Constitution is under the 19th part and it is titled as Interpretation. This article says:
(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 2, shall be construed as including a reference to an Ordinance made by the President or, to an Ordinance made by a Governor 3, as the case may be.
(3) For 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.
Also read: Who Removed Article 370 Of The Indian Constitution And Why?
Controversy about Article 367 Of The Indian Constitution
A well-known person who is a senior advocate, Kapil Sibal argued that Constitutional Order 272 creating the new clause to Article 367 of the Indian Constitution, created a Constitutional myth and acted on it.
An explanation of Article 370 of the Indian Constitution claimed that the government of state means the person for the time being recognized by the President of India on the recommendation of the Legislative Assembly of the State as the Governor of J & K, and acting on the advice of Council of Ministers of the State for the time being in office.
So with the amendment of Article 367, the government is not acting under the advice of the council of ministers was to be officially construed as the Governor of Jammu & Kashmir and the official term of the government of the State was to be construed as the Governor of Jammu & Kashmir on the advice given by the Council of Ministers.
On the other hand, Kapil Sibal also argued that Article 367 is an interpretative clause and not a clause to substitute definitions and to substitute a whole definition of the Constituent Assembly in the Legislative Assembly is completely outside the power of Article 367 of the Indian Constitution.
After that, Senior Advocate Gopal Subramaniam argued concerning whether an article in interpretation, Article 367 of the Indian Constitution should be used to amend the Constitution of India.
