Article 437 of the Costitution of India with Case law
⚖️ Article 437 of the Constitution of India – Explanation & Case Law
❌ Short Answer:
There is no Article 437 in the Constitution of India.
📘 Explanation:
The original Constitution had 395 Articles, and even after all Constitutional Amendments, no Article 437 exists as of now. Hence, Article 437 is not a valid or active article in the Indian Constitution.
🔄 Possible Misunderstanding:
You might be referring to one of the following:
| Possible Confusion | Likely Intended Article |
|---|---|
| Elections-related | Article 324–329 |
| Governor powers | Article 153–162 |
| High Court/Supreme Court | Articles 124–147 |
| Bail provision (CrPC) | Section 437 of CrPC, not Constitution |
📜 If You Meant Section 437 of CrPC (Code of Criminal Procedure):
🔹 Section 437 CrPC – Bail in non-bailable offences by Magistrates
Allows a Magistrate to grant bail in non-bailable offences except:
When the offence is punishable with death or life imprisonment,
And if the person is previously convicted of a similar offence.
⚖️ Important Case Laws under Section 437 CrPC:
Rizwan Akhtar v. State of U.P., (2022)
Reiterated the importance of judicial discretion in granting bail under Section 437.
Gudikanti Narasimhulu v. Public Prosecutor, AIR 1978 SC 429
Landmark case on the philosophy of bail, emphasizing liberty over incarceration when possible.
P. Chidambaram v. Directorate of Enforcement, (2019)
Bail in economic offences, highlighting restrictions under Section 437 read with 439 CrPC.
✅ Summary:
| You Asked For | Reality |
|---|---|
| Article 437 (Constitution) | ❌ Does not exist |
| Section 437 CrPC (Bail) | ✅ Grants Magistrate power to give bail in non-bailable cases with restrictions |
RELATED Blog
0 comments