Article 447 of the Costitution of India with Case law
🔹 Article 447 of the Constitution of India – Interpretation Clause (Transitional Provisions)
📘 Text of Article 447
“In this Constitution, unless the context otherwise requires, the General Clauses Act, 1897, shall apply for the interpretation of this Constitution as it applies for the interpretation of an Act of the Legislature of the Dominion of India.”
🧾 Explanation of Article 447
Article 447 is an interpretation clause that directs how certain terms and provisions in the Constitution should be understood. It applies the rules and definitions of the General Clauses Act, 1897, to the Constitution of India.
| Aspect | Explanation |
|---|---|
| Purpose | To provide a uniform and standard approach for interpreting the Constitution. |
| Scope | Applies to the whole Constitution, unless a term is specially defined within the Constitution. |
| Effect | Terms like "person", "public", "property", "month", "writing", etc., shall be interpreted using the General Clauses Act, 1897. |
⚖️ General Clauses Act, 1897 – Role in Interpretation
The General Clauses Act, 1897, is a statutory interpretation law that defines common legal terms used across various Indian laws.
Some key definitions from the Act include:
"Person" – includes any company or association or body of individuals.
"Month" – means a calendar month.
"Writing" – includes printing, lithography, etc.
"Immovable Property" – includes land, benefits arising out of land, and things attached to the earth.
These definitions help prevent ambiguity in legal and constitutional interpretation.
⚖️ Relevant Case Law Referencing Article 447 or General Clauses Act
While Article 447 itself is rarely litigated, courts often use the General Clauses Act for constitutional interpretation because of this article. Here are some relevant cases:
🔹 State of Rajasthan v. Noor Mohammad, AIR 1972 SC 518
Issue: Interpretation of the term “immovable property”.
Held: Court relied on the General Clauses Act for definitions — permitted by Article 447.
🔹 Navinchandra Mafatlal v. CIT, AIR 1955 SC 58
Held: Interpreted “income” broadly using both constitutional interpretation and statutory definitions, reaffirming that external aids like the General Clauses Act are legitimate for interpreting constitutional language.
🔹 Keshavan Madhava Menon v. State of Bombay, AIR 1951 SC 128
Context: Whether a repealed law can have retrospective effect.
Relevance: The Court referenced Section 6 of the General Clauses Act, allowed by Article 447, to hold that repealed laws may still apply to past events.
✅ Conclusion
Article 447 is an important technical provision ensuring that the General Clauses Act, 1897, applies to the interpretation of the Constitution wherever appropriate. It ensures clarity and consistency in legal definitions across Indian constitutional and statutory law.
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