Article 366 of the Costitution of India with Case law

๐Ÿ‡ฎ๐Ÿ‡ณ Article 366 of the Constitution of India

Topic: Definitions
(Found in Part XIX โ€“ Miscellaneous)

๐Ÿ”น 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.

๐Ÿงพ Some Important Clauses of Article 366:

ClauseTerm DefinedMeaning / 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

โš–๏ธ Important Case Laws Referencing Article 366:

๐Ÿ”น 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€“ โ€œRulerโ€

Held: The term "ruler" has specific constitutional meaning, and derecognition impacts constitutional rights; presidential recognition cannot be arbitrarily withdrawn.

๐Ÿ”น 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.

๐Ÿ”น 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.

๐Ÿ”น 4. T. Vatheeswaran v. State of Tamil Nadu, AIR 1983 SC 361

Clause interpreted: Article 366(17) โ€“ โ€œJudgeโ€

Emphasized that the term includes judges of both High Court and Supreme Court, relevant for service and retirement-related matters.

๐Ÿงญ 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.

โœ… Key Takeaways:

FeatureDescription
Article366
TypeInterpretative / Definitional Article
Applies toEntire Constitution
Legal StatusBinding definitions used across constitutional provisions
Number of ClausesOver 30 (may be updated via constitutional amendments)
Court InterpretationCourts frequently refer to these for constitutional clarity

๐Ÿ”š 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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