Article 367 of Indian Constitution: A Comprehensive Guide

The Article 367 of Indian Constitution is essential to understanding and implementing the document. It acts as a guide to help you understand the references and terminology used in the document. This article explores the meaning, uses, and consequences of Article 367.

Article 367 of Indian Constitution Overview

What is 367(4) Unique About?

The fourth constitutional amendment, which eliminates the pre-existing power granted to the state in Article 370 of the Indian Constitution, 1949, is highly significant to the State of Jammu & Kashmir. It enacts the Constitution, imposing mandatory actions on the state, as in the case of the Union of India, and giving the Hon’ble Supreme Court concurrent authority.

This constitutional amendment grants the President or Governor the power to issue laws and recommendations that affect the relevant territory using a notice to the public.

Before it, the Union of India’s constitution and its provisions did not apply to the State of Jammu & Kashmir; instead, it had its own. The Hon’ble Supreme Court and the Union of India had no jurisdiction to interfere with the State Legislature’s exclusive legislative authority. This constitutional amendment merely overrides the state of Jammu & Kashmir’s pre-existing authority and transfers all concurrent powers to the Union of India, without significantly altering the Indian Constitution.

Article 367 of Indian Constitution

• Notwithstanding any adaptations and modifications made by Article 372 of the Indian Constitution, the General Clauses Act, 1987 shall govern the interpretation and application of the Indian Constitution in regions designated as having special status. All initial provisions made to the “foreign states” will be bound by this.
• The Union of India will have legislative authority in this situation because any act or law about the Parliament or State Legislature will be interpreted by the President’s or the Governor’s ordinance, depending on the circumstances.
• Any state other than India is referred to as a “foreign state,” any legislation passed by the Parliament in this regard gives the President the legislative authority to declare the State “non-foreign” through an order or constitutional amendment. The Honourable Supreme Court will then have the authority to exercise its jurisdiction and hold hearings on any matter concerning the state.

Subject to adaptation and amendment under article 372 of the General Clauses Act, 1897

• This article makes it clear that, unless the circumstances demand otherwise, modifications and revisions to the interpretation of the Constitution may be made under an Act of the Legislature.
• Subject to the adaptations and modifications permitted by Article 372 the General Clauses Act shall apply.
• When interpreting the terms and ideas of the Constitution, the General Clauses Act is adhered to.

Latest Addition to Article 367

• The State of Jammu & Kashmir will be subject to the same laws and obligations under the Indian Constitution as the rest of the Union.
• Any references or recommendations made by the Legislative Assembly or the Council of Ministers of Jammu & Kashmir will be interpreted as those of the Governor of Jammu & Kashmir following the dissolution of the State’s Legislative Assembly.
• All references to the Governor of Jammu & Kashmir, who will act on the advice of his council of ministers, shall be interpreted as legislative authority granted by the Government of Jammu & Kashmir.
• Article 370(3) of the Indian Constitution states that the “Legislative Assembly of the State,” also known as the Parliament, shall be referred to as the “Constituent Assembly” in clause 2 of Article 370. Consequently, there would be a division of powers in laws concerning the original provisions.

Is Article 367(4) alike to Article 35(A)?

• Article 16 – Special provisions for women, children, socially and backward class citizens’ advancement, and SC/STs in the Union of India – clause 3.
• Article 32, Clause 3, states that courts within their local jurisdiction may exercise the Hon. Supreme Court’s power (Any & All).
• Article 33: Amendments to the rights of members of the armed forces, individuals tasked with upholding public order, and employees of bureaucratic, intelligence, counterintelligence, and telecommunications organisations within the Union of India.
• Article 34: Restrictions on rights during the imposition of martial law in the Union of India by public notification.
• imposing penalties within the Union of India.

Conclusion

The interpretation of the language and references in the Indian Constitution is significantly influenced by Article 367 of the document. It guarantees that the provisions of the constitution are applied consistently, especially in areas that have special status. The most recent changes have had a big impact on Jammu & Kashmir because they put the region under the same legal system as the rest of the Union.

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