Published on: 24 July 2023 at 14:25 IST
Court: Supreme Court
Citation: Kesavananda Bharati v. State of Kerala (1973)
Honourable Supreme Court of India has held that Constituent Assembly debates can be used by the Hon’ble Courts for the purpose of interpreting the intention of the law. It is held that for understanding the law it is important to understand the logical flow of the legislators mind to understand the history of a provision under the Constitution and the various steps leading up to and accompanying its enactment.
1598. If the debates in the Constituent Assembly can be looked into to understand the legislative history of a provision of the Constitution including its derivation, that is, the various steps leading up to and attending its enactment, to ascertain the intention of the makers of the Constitution, it is difficult to see why the debates are inadmissible to throw light on the purpose and general intent of the provision. After all, legislative history only tends to reveal the legislative purpose in enacting the provision and thereby sheds light upon legislative intent. It would be drawing an invisible distinction if resort to debates is permitted simply to show the legislative history and the same is not allowed to show the legislative intent………..
Drafted By Abhijit Mishra
