Article 147 In English | Article 147 Of Indian Constitution In English | What Is Article 147

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Article 147 Of Indian Constitution In English

Article 147 – Interpretation.
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 CHAPTER V COMPTROLLER AND AUDITOR GENERAL OF INDIA.

indian constitution part 5 articles

Article 147 In English

147 Article – Explanation.
References in this Chapter and in Chapter V of Part VI to any important question of law as to the interpretation of this Constitution shall include references to any important question of law as to the Interpretation of the Government of India Act, 1935. any Act, amending or supplementing that Act), or any order of the Council or order made thereunder, or Chapter V of the Indian Independence Act, 1947, or any order made thereunder by the Comptroller and Auditor General of India.

Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.

What Is Article 147 Of Indian Constitution?

Article 147 Debate Summary

Article 122A of the draft was debated on 6 June 1949 and 16 October 1949. It stipulates that references to important questions of law relating to the ‘interpretation of this Constitution’ should be considered to include matters relating to the interpretation of the Government of India Act, 1935. Indian Independence Act, 1947. The member who moved argued that if the scope of the expression ‘as an interpretation of this Constitution’ had not been expanded, the pending matters which included the interpretation of the Acts of 1935 and 1947, could no longer be heard on appeal.

The existing law allowed cases to be heard in the Privy Council to be automatically transferred to the Supreme Court after the Constitution came into force. However, pending cases involving similar issues in High Courts can be heard only on appeal by the Federal Court, which will cease to exist after the Constitution comes into force.

This amendment received the support of the Chairman of the Drafting Committee. One member argued that the Acts of 1935 and 1947 would expire on the date the Constitution came into force, and that it was unfair to compel the courts to interpret dead Constitutions. A member of the drafting committee replied that the proposed draft article would not affect the validity of the new constitution.

Citing instances where the legitimacy of the functions performed by the Mughal courts arose years after the lapse, he argued that such a provision protects the interests of persons involved in disputes arising under the old constitutions. The draft Article 122A was accepted by the Assembly and adopted on 6 June 1949. Subsequently, the draft Article was amended to make matters referred to the High Courts for appeal. This amendment was adopted on 16 October 1949.

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