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Article367
The Constitution of India

Interpretation

In force From 26 Jan 1950 As on 15 Oct 2026

Ministry Law and Justice Enacted 26 Nov 1949 In force 26 Jan 1950

Article 367 of the Constitution of India deals with interpretation. Unless the context otherwise requires, the General Clauses Act, 1897, shall, subject to any adaptations and modifications that may be made therein under article 372, apply for the interpretation of this Constitution as it applies for the interpretation of an Act of the Legislature of the Dominion of The Constitution came into force on 26 Jan 1950.

(1) Unless the context otherwise requires, the General Clauses Act, 1897, shall, subject to any adaptations and modifications that may be made therein under article 372, apply for the interpretation of this Constitution as it applies for the interpretation of an Act of the Legislature of the Dominion of India.

(2) Any reference in this Constitution to Acts or laws of, or made by, Parliament, or to Acts or laws of, or made by, the Legislature of a State , shall be construed as including a reference to an Ordinance made by the President or, to an Ordinance made by a Governor , as the case may be.

(3) For the purposes of this Constitution “foreign State” means any State other than India:

Provided that, subject to the provisions of any law made by Parliament, the President may by order declare any State not to be a foreign State for such purposes as may be specified in the order. [(4) * * * *]

PART XX AMENDMENT OF THE CONSTITUTION

Article 367, The Constitution of India.

Related judgements & precedents

These are some judgments that construed this article, and hold precedence value. They hold authority on how to read, interpret and use this article.

  1. Securities & Exchange Board of India vs Ajay Agarwal

    Supreme Court of India 25 Feb 2010 Binding (SC) - as a Supreme Court judgment on interpretation of SEBI Act and con Reportable

    Court's Decision & Legal Precedent

    Procedural provisions of law, including Section 11-B and Section 11(4)(b) of the SEBI Act, can be applied retrospectively to alleged misconduct occurring prior to the enactment of such amendments, because: (1) procedural laws apply to all actions, pending and future, and no person has a vested right in any course of procedure; (2) such application does not violate Article 20(1) of the Constitution as the respondent has not been charged with an 'offence' or subjected to a 'penalty' in the criminal law sense, but has merely been restrained from certain activities by an administrative order; (3) even if viewed as operating prospectively, the actual exercise of power by the SEBI Chairman on 31 March 2004 was lawful as the amendments were then in force; and (4) the respondent's receipt of adequate notice through the show cause notice invoking Section 11-B and fair hearing opportunity negates any procedural unfairness.

    On this article: Application of General Clauses Act, 1897 for interpretation of the Constitution

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Article 367

What have the courts held on Article 367 of the Constitution of India?

Securities & Exchange Board of India vs Ajay Agarwal (25 Feb 2010) is the leading judgment on this article among those set out below: Application of General Clauses Act, 1897 for interpretation of the Constitution.

How do I find court cases under Article 367 of the Constitution of India?

In judgments and charge sheets this article is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Article 367, Art. 367, article 367 of the Constitution of India. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this article is set out on this page, beginning with Securities & Exchange Board of India vs Ajay Agarwal (25 Feb 2010).

When did Article 367 of the Constitution of India come into force?

Article 367 of the Constitution of India, cited as Article 367, came into force on 26 Jan 1950, having been enacted on 26 Nov 1949. It is in force as at the date shown on this page.

Other articles of the Constitution

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from The Constitution of India in English 2026, the consolidated text published by India Code (item 544213ec-4072-44b2-a6fc-69fb84df2001). English only: the official translations are not reproduced here. This page is not a substitute for legal advice.