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Report No. 60

1.29. Debates in the Constituent Assembly.-

It may be stated that the concluding words in Article 367-"as it applies for the interpretation of an Act of the Legislature of the Dominion of India",-were added in the Constituent Assembly, by an amendment moved by Dr. Ambedkar, who thus explained their utility1:

"The point is this, that the General Clauses Act applies to Acts, Regulations and Ordinances. It is, therefore, necessary to say to which class of these laws this will apply. That is the reason why the amendment is proposed."

Shri T.T. Krishnamachari made the position clear:

"what we want is that only those particular portions which refer to Acts should apply, so far as this particular clause is concerned."

The concluding words of Article 367 do not, therefore, mean that the General Clauses Act should be preserved for all times in its pre-1950 form. The Act can be revised or modified; but the unmodified Act will continue to govern the interpretation of the Constitution.

1. Constituent Assembly Debates, Vol. IX, Pt. III, pp. 1641-1642, discussion relating to Article 303(2).

General Clauses Act, 1897 Back

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