Article 366 of the Costitution of India with Case law
๐ฎ๐ณ Article 366 of the Constitution of India
Topic: Definitions
(Found in Part XIX โ Miscellaneous)
๐น Overview:
Article 366 provides statutory definitions of key terms used across the Constitution of India. It acts like a glossary or dictionary that helps interpret constitutional provisions consistently.
It currently includes more than 30 clauses, defining various words like Government of India, Union Territory, Ruler, Scheduled Castes, Scheduled Tribes, Services, Official language, and more.
๐งพ Some Important Clauses of Article 366:
| Clause | Term Defined | Meaning / Explanation |
|---|---|---|
| 366(1) | "Agricultural income" | As defined for income-tax purposes |
| 366(2) | "Article" | Refers to an Article of the Constitution |
| 366(10) | "Existing law" | Law in force before commencement of Constitution |
| 366(15) | "Indian State" | Any princely state before independence |
| 366(17) | "Judge" | Means judge of a High Court or Supreme Court |
| 366(22) | "Ruler" | Recognised former head of a princely state |
| 366(24) | "Scheduled Castes" | As defined in Article 341 |
| 366(25) | "Scheduled Tribes" | As defined in Article 342 |
| 366(26) | "Scheduled Areas" | As defined in the Fifth Schedule |
| 366(30) | "Union territory" | As defined under Part VIII of the Constitution |
| 366(35) | "Public Service Commission" | As defined in Article 315 |
โ๏ธ Important Case Laws Referencing Article 366:
๐น 1. Madhav Rao Scindia v. Union of India, AIR 1971 SC 530
Issue: Derecognition of rulers and abolition of privy purses.
Relevant Clause: 366(22) โ โRulerโ
Held: The term "ruler" has specific constitutional meaning, and derecognition impacts constitutional rights; presidential recognition cannot be arbitrarily withdrawn.
๐น 2. State of Rajasthan v. Union of India, AIR 1977 SC 1361
Discussed the meaning of "State" and "Government" as per definitions under Article 366.
Affirmed that Article 366 helps interpret federal relations and powers in context of the Constitution.
๐น 3. Indra Sawhney v. Union of India, AIR 1993 SC 477
Referenced Scheduled Castes and Tribes as per Article 366(24) and (25).
Court stated that only the President (under Articles 341 and 342) can declare a group as SC/ST โ not the courts or legislature.
๐น 4. T. Vatheeswaran v. State of Tamil Nadu, AIR 1983 SC 361
Clause interpreted: Article 366(17) โ โJudgeโ
Emphasized that the term includes judges of both High Court and Supreme Court, relevant for service and retirement-related matters.
๐งญ Purpose and Legal Significance:
Ensures uniform interpretation of commonly used terms.
Acts as an interpretative tool in constitutional adjudication.
Some definitions (like "Ruler", "Scheduled Castes") have had significant historical and legal consequences.
โ Key Takeaways:
| Feature | Description |
|---|---|
| Article | 366 |
| Type | Interpretative / Definitional Article |
| Applies to | Entire Constitution |
| Legal Status | Binding definitions used across constitutional provisions |
| Number of Clauses | Over 30 (may be updated via constitutional amendments) |
| Court Interpretation | Courts frequently refer to these for constitutional clarity |
๐ Conclusion:
Article 366 is crucial for understanding legal language used in the Constitution. Many landmark decisions have depended on these definitions to interpret constitutional validity and intent.

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