When the constitution-making was done in the earlier stages, no attention was paid on the interpretational provisions. Neither the drafting committee of 1948 had any special provisions or the draft constitution of constitutional adviser. In article 147 has any specific provisions regarding the interpretation of the constitution.
Article 147
During the discussions of the constituent assembly in 1949, Dr. Tek Chand moved an amendment. Along with this, he introduced a new draft in the article 122A with regards to the interpretation of the constitution as given below
‘In this chapter, there have been references made regarding the substantial questions of law and the interpretation of the constitution. Also, this should be constructed as references are included in any substantial questions of law regarding the interpretation by the government of India.’ After the discussion, the motion was accepted by the constituent assembly. Thus, the new article 122A was also added in the constitution.
After nearly four months in October 1949, the interpretational provision was again introduced into the discussion. It stated that in article 122A, after the figures and words, chapter 5 of part 4 of the constitution has to be inserted.
This amendment that was moved by Krishnamachari was adopted. Thus, it was drafted in article 122A as amended and added into the constitution. Also, after this, the draft constitution was further revised by the drafting committee. So, the article was renumbered to 147 from article 122A of the constitution in its current form.
More details on Article 147
The marginal heading of article 147 is being considered somewhat misleading. Furthermore, the article does not lay down any rules, principles, or guidelines for the interpretation of the constitution with respect to the Supreme court or otherwise.
The limited purpose that article 147 serves is to clarify the reference regarding any substantial question of law. It covers the interpretation of the constitution along with that of the government of India act, 1935.
There are also Indian independence act of 1947 and many order that were made thereafter. However, article 395 has repealed the Indian independence act 1947 and the government of India act 1935.
The interpretation of article 147 in chapter 4 and 5 states about any substantial question of law. Also, the interpretation of constitution shall is built including the references for any substantial question of law. This is also as per the interpretation of the government of India act, 1935.
Also, it includes any supplementing that act or enactment of the amendment thereafter. Any order in the council or any order made after that, or the Indian independence act of 1947 or any order made under chapter 5 are under the comptroller and auditor general of India.
The marginal heading of article 147 is somewhat considered as misleading. Also, the article does not lay down any rules, principles, or guidelines regarding the interpretation of the constitution by the supreme court. However, article 395 has repealed the Indian Independence act 1947 and the government of India act 1935.
Practice Questions
Q. What is the source of a single order of concept in India?
A. Government of India act of 1919
B. Government of India act of 1935 0
C. Pitts India act of 1773
D. None of the above
Answer:Â B. Government of India act of 1935
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