Article 147 of CoI : Article 147: Interpretation.

Explanation using Example

Example 1:

Scenario: A dispute arises regarding the interpretation of a provision in the Indian Constitution related to the powers of the President of India.

Application: The Supreme Court of India is asked to decide whether the President has the authority to dismiss a state government under Article 356 of the Constitution. During the proceedings, a substantial question of law arises about the interpretation of the term "failure of constitutional machinery" in a state.

Relevance to Article 147: According to Article 147, the Supreme Court can also consider previous laws such as the Government of India Act, 1935, and the Indian Independence Act, 1947, to interpret the term "failure of constitutional machinery." This means the Court can look at how similar terms were interpreted under these older laws to help decide the current case.

Example 2:

Scenario: A legal challenge is brought against a new law passed by the Indian Parliament, claiming it violates the fundamental rights guaranteed by the Constitution.

Application: The High Court is asked to determine whether the new law is unconstitutional. During the case, a substantial question of law arises regarding the interpretation of the term "reasonable restrictions" on the freedom of speech and expression under Article 19 of the Constitution.

Relevance to Article 147: Under Article 147, the High Court can refer to the Government of India Act, 1935, and the Indian Independence Act, 1947, to understand how "reasonable restrictions" were interpreted in the past. This hi...

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