Article 401 of the Costitution of India with Case law
Article 401 of the Constitution of India
Title: Interpretation
🧾 Summary of Article 401:
Article 401 deals with interpretation of constitutional provisions concerning Part E states (which originally referred to certain former French and Portuguese territories). It provides that unless the context otherwise requires, expressions used in Part E of the Constitution shall have the same meaning as given in the Government of India Act, 1935, or other applicable laws.
🔍 Key Points:
Applies mainly to Part E of the Constitution (historically related to French and Portuguese colonies in India, such as Pondicherry).
Provides rules on how to interpret terms and expressions in Part E.
Ensures consistency in the legal understanding of those territories during transitional arrangements.
🧑⚖️ Case Law Related to Article 401:
Article 401 is a transitional and interpretative provision and not frequently subject to direct judicial scrutiny. However, the principles of interpretation it supports have been relevant in cases involving the territories formerly governed under Part E.
🔹 Government of Pondicherry v. K.K. Verma, AIR 1967 SC 1167
The Supreme Court referred to Article 401 in understanding the applicability of laws in Pondicherry.
Emphasized transitional interpretation per Article 401 for smooth administration.
🔹 Union of India v. Mahe Municipality, AIR 1971 SC 239
Addressed legal questions concerning administrative powers in former French territories.
Article 401 was cited regarding interpretation of jurisdiction and powers.
✅ Summary:
| Aspect | Explanation |
|---|---|
| Purpose | To provide interpretative guidance for provisions related to Part E territories in the Constitution. |
| Application | Mainly historical and transitional for French and Portuguese Indian territories. |
| Judicial Impact | Supports smooth legal interpretation during integration of these territories into India. |
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