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Interpretation of Statutes

Principles of Constitutional Interpretation

A constitution is not an ordinary statute. It frames government, distributes power and guarantees rights, and it is meant to endure for generations. Courts therefore interpret it more broadly than an Act of Parliament, read its parts together, and allow its general words to meet changing conditions, while keeping to its text and structure. This note sets out the principles of constitutional interpretation, the aids peculiar to the Constitution, and the role of precedent under Article 141. The specific constitutional doctrines follow in Topics 27 to 36.

1. Core Principles

How the Constitution is read

Figure 1: How the Constitution is read

  • Broad and liberal. In In re C.P. and Berar Sales of Motor Spirit Act (1939) Gwyer CJ held that a constitution should not be construed in a narrow and pedantic sense; a broad and liberal spirit should inspire those who interpret it.
  • A living document. In Edwards v Attorney General of Canada (1930) the Privy Council described a constitution as a living tree capable of growth within its natural limits; Indian courts treat the Constitution as an organic document read to meet changing needs.
  • Expansive reading of rights. In Maneka Gandhi v Union of India (1978) the Court read Articles 14, 19 and 21 together, requiring procedure under Article 21 to be fair, just and reasonable.
  • Transformative purpose. In Navtej Singh Johar v Union of India (2018) the Court described the Constitution as transformative, read to advance dignity and equality.

2. Reading the Constitution as a Whole

  • Harmony of Parts III and IV. In Minerva Mills v Union of India (1980) the Court held that the Constitution rests on the balance between fundamental rights and directive principles; neither is to be sacrificed for the other.
  • Harmonious construction. Apparently conflicting provisions are reconciled, as with Articles 25(2)(b) and 26(b) in Venkataramana Devaru (Topic 7)
  • Basic structure. Interpretation of amendments is governed by the basic structure limit (Topic 36)

3. Aids Peculiar to the Constitution

Constitutional aids and rules

Figure 2: Constitutional aids and rules

  • The Preamble. In In re Berubari Union (1960) the Court said the Preamble was not part of the Constitution; in Kesavananda Bharati (1973) it held that it is part of the Constitution and a key to its objects (Topic 12)
  • Constituent Assembly debates. Now regularly consulted to understand the framers' intent, as in S.R. Chaudhuri v State of Punjab (2001), though they cannot override the text (Topic 13)
  • Article 367. The General Clauses Act 1897 applies to the interpretation of the Constitution as it applies to a Central Act (Topic 37)
  • Articles 348 and 394A. The English text of the Constitution and of Acts is authoritative under Article 348; Article 394A provides for an authoritative Hindi translation.

4. Precedent: Article 141 and Per Incuriam

  • Article 141. The law declared by the Supreme Court is binding on all courts in India.
  • Per incuriam. A decision given in ignorance of a binding statute or precedent is per incuriam and does not bind; in State of UP v Synthetics and Chemicals (1991) the Court also held that a point not argued or considered, decided sub silentio, is not binding as precedent.
  • Larger Benches. A Bench is bound by a decision of a larger Bench; a coordinate Bench that disagrees refers the question to a larger Bench.

⚠ Exam trap

Do not cite Berubari (1960) for the Preamble without adding Kesavananda (1973), which held the Preamble to be part of the Constitution. State the core principles with authority: broad and liberal construction (C.P. and Berar 1939), the living tree (Edwards 1930), harmony of Parts III and IV (Minerva Mills 1980), and Article 367 applying the General Clauses Act to the Constitution.

5. Frequently Asked Questions

How is constitutional interpretation different from statutory interpretation?

A constitution is meant to endure and to frame the whole system of government, so it is interpreted in a broad and liberal spirit rather than a narrow and pedantic one, as stated in In re C.P. and Berar Sales of Motor Spirit Act (1939). It is treated as a living document whose general words can meet new conditions, and its parts, especially fundamental rights and directive principles, are read together.

Is the Preamble part of the Constitution?

Yes. In In re Berubari Union (1960) the Supreme Court said it was not, but in Kesavananda Bharati (1973) it held that the Preamble is part of the Constitution and a guide to its interpretation. It may be used to resolve ambiguity and to understand the objects of the Constitution.

Does the General Clauses Act apply to the Constitution?

Yes. Article 367(1) provides that, unless the context otherwise requires, the General Clauses Act 1897 applies to the interpretation of the Constitution as it applies to the interpretation of an Act of the Legislature of the Dominion of India, subject to adaptations made under Article 372.

6. Related Topics

  • Topic 27: Doctrine of Pith and Substance. The first of the constitutional doctrines.
  • Topic 36: Basic Structure Doctrine. The limit on constitutional amendment.