Article 147 of CoI : Article 147: Interpretation

Explanation using Example

Imagine a situation where a state government in India has passed a law that seems to contradict the provisions laid out in the Government of India Act, 1935. A citizen, believing that this new state law infringes upon their rights granted under the 1935 Act, decides to challenge the law in the Supreme Court. When presenting the case, the court refers to Article 147 of the Constitution of India to consider the substantial question of law regarding the interpretation of the Government of India Act, 1935. The court then examines the consistency of the state law with the historical legislative context provided by the 1935 Act, despite the fact that the Act is a pre-constitutional legislation.