Article 367 of CoI : Article 367: Interpretation.

Explanation using Example

Example 1:

Scenario: A new law is passed by the Parliament of India, and there is a need to interpret certain terms used in the law.

Application of Article 367(1): The General Clauses Act, 1897, will be used to interpret the terms in the new law. For instance, if the term "person" is used in the new law, the General Clauses Act defines "person" to include any company or association or body of individuals, whether incorporated or not. This definition will be applied unless the context of the new law requires a different interpretation.

Example 2:

Scenario: The President of India issues an Ordinance during a parliamentary recess to address an urgent matter.

Application of Article 367(2): The Ordinance issued by the President will be treated as if it were an Act of Parliament for the purposes of interpretation under the Constitution. For example, if the Ordinance includes provisions about taxation, those provisions will be interpreted in the same manner as if they were part of a regular Act passed by Parliament.

Example 3:

Scenario: A legal dispute arises involving a contract with a foreign company, and there is a need to determine whether the foreign company is from a "foreign State."

Application of Article 367(3): By default, any state other than India is considered a "foreign State." However, if the President has issued an order declaring that the foreign company’s state is not to be considered a foreign state for specific purposes, that order will be taken into account. For instance, if the President has declared that a particular country is not a foreign state for trade purposes, the company from that country will not be treated as a foreign entity in trade-related legal matters.

Example 4:

Scenario: A Governor of a State issues an Ordinance to address a local emergency.

Application of Article 367(2): The Ordinance issued by the Governor will be treated as if it were an Act of the State Legislature for the purposes of interpretation under the Constitution. For example, if the Ordinance includes provisions about public health measures, those provisions will be interpreted in the same manner as if they were part of a regular Act passed by the State Legislature.