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 historical context can help the Court decide whether the new law's restrictions on speech are reasonable and constitutional.

Example 3:

Scenario: A state government enacts a law that appears to conflict with a central law on the same subject.

Application: The conflict is brought before the Supreme Court to determine which law should prevail. A substantial question of law arises regarding the interpretation of the distribution of legislative powers between the Union and the States under the Seventh Schedule of the Constitution.

Relevance to Article 147: Article 147 allows the Supreme Court to consider the Government of India Act, 1935, which also dealt with the distribution of powers between the central and provincial governments. By examining how similar conflicts were resolved under the 1935 Act, the Court can better interpret the current constitutional provisions and resolve the dispute.

Example 4:

Scenario: A citizen files a petition challenging the validity of an executive order issued by the President of India, claiming it exceeds the President's constitutional powers.

Application: The case reaches the Supreme Court, where a substantial question of law arises about the interpretation of the President's emergency powers under Article 352 of the Constitution.

Relevance to Article 147: According to Article 147, the Supreme Court can look at the Government of India Act, 1935, and the Indian Independence Act, 1947, to understand the historical context and limitations of executive powers. This helps the Court determine whether the President's order is within the constitutional framework.

Example 5:

Scenario: A legal dispute involves the interpretation of the term "public order" in the context of preventive detention laws.

Application: The High Court is asked to decide whether a detention order issued under a state law is valid. A substantial question of law arises regarding the interpretation of "public order" under Article 22 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 "public order" was interpreted in the past. This historical perspective can help the Court decide whether the detention order is justified under the Constitution.