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Article 147

Interpretation of Constitutional References

Official heading: “Interpretation”

Check this article against the official editionAwaiting human legal review
Source edition
The Constitution of India (as on 1 May 2026)
Source locator
Part V, Article 147, printed page 68
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1. In One Sentence

Article 147 clarifies that references in the Constitution to a substantial question of law as to the interpretation of this Constitution include interpretation of the Government of India Act, 1935 and Indian Independence Act, 1947.

2. What It Means in Everyday Language

Article 147 is an interpretative clause ensuring legal continuity across historical constitutional documents.

In Chapter IV (The Union Judiciary) and Chapter V of Part VI (The High Courts), references to a 'substantial question of law as to the interpretation of this Constitution' shall be construed as including references to any substantial question of law as to the interpretation of:

(a) the Government of India Act, 1935 (including any enactment amending or supplementing that Act);

(b) any Order in Council or order made thereunder; or

(c) the Indian Independence Act, 1947, or of any order made thereunder.

This ensures that legal disputes rooted in pre-independence constitutional instruments, historical federal boundaries, and early statutory rights can be authoritatively interpreted by the Supreme Court as constitutional questions.

3. Practical Illustrative Example

Everyday Scenario:

A dispute regarding ancestral water rights or railway easements requires interpreting an Order in Council issued under the Government of India Act, 1935.

Core takeaway: Under Article 147, the legal interpretation of that 1935 instrument qualifies as a 'substantial question of law as to the interpretation of the Constitution', enabling appeals to the Supreme Court under Article 132.
Illustrative Notice: Article 147 is an interpretive expansion clause; it does not revive repealed pre-independence laws contrary to the Constitution.

4. Important Limits, Qualifications & Exceptions

Article 147 provides historical depth to the appellate jurisdiction of the Supreme Court.

  • Expands 'constitutional interpretation' to cover 1935 and 1947 founding statutes.
  • Applies across Chapter IV (Supreme Court) and Part VI Chapter V (High Courts).
  • Ensures seamless legal continuity across the pre- and post-independence legal orders.

5. Operative Constitutional Text

In this Chapter and in Chapter V of Part VI, references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references to any substantial question of law as to the interpretation of the Government of India Act, 1935 (including any enactment amending or supplementing that Act), or of any Order in Council or order made thereunder, or of the Indian Independence Act, 1947, or of any order made thereunder.
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 147, printed page 68 • Human source-link check pending

    Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

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