Relevancy Of Constituent Assembly Debates For Interpretation Of The Constitution

Relevancy Of Constituent Assembly Debates For Interpretation Of The Constitution

1 year, 3 months ago

Relevancy Of Constituent Assembly Debates For Interpretation Of The Constitution

Live Law

Constituent Assembly debates are frequently cited before courts to canvas a particular interpretation of the Constitution. Individual speeches do not reflect the intention of the Constituent Assembly as a whole Interpreting the Constitution by reference to the speeches of individual members of the Constituent Assembly is not factual or practical exercise. Secondly, relying on individual speeches of Constituent Assembly members to interpret the Constitution is to permit the dead to control the living. Courts will be persuaded to ignore the text of the Constitution and decide based on the intention of individual members of the Constituent Assembly. The rule in using Constituent Assembly debates as an external aid to interpretation of the Constitution is ignore what the members spoke and focus on what the members collectively did.

India Assembly Constitution Interpretation Members Parliament Individual Speeches Debates Intention Constituent Assembly Constituent Individual Members Constituent Assembly Debates Individual Speeches relevancy members vs individual interpretation constituent speeches intention assembly debates constitution

Discover Related

CM Chandrababu Naidu exhorts NDA legislators to rise up to expectations of people

1 month, 1 week ago

CM Chandrababu Naidu exhorts NDA legislators to rise up to expectations of people

New Indian Express

VIJAYAWADA: Asserting that learning is a continuous process, Chief Minister N Chandrababu Naidu suggested that legislators be aware of the budget session of the State Assembly, and go through the allocation of funds to different sectors. Addressing the MLAs and MLCs at a training session conducted in the Assembly committee hall on Tuesday, he urged them to study the policies …

Assembly Mla Naidu Cm Chandrababu Nda Legislators

Spirit of Constitution guides the Republic

1 year ago

Spirit of Constitution guides the Republic

Hindustan Times

The Constitution of India was adopted by the Constituent Assembly on November 26, 1949. The people of India can also take pride in working this Constitution through fair and rough weather in the last seven decades without compromising the foundational principles of the Republic embodied in the Constitution document. Although these rules of parliamentary procedure were applied by the Buddha …

India Constitution Political State Citizens Parliament Our Constitution

India needs a Uniform Civil Code

1 year, 5 months ago

India needs a Uniform Civil Code

The Hindu

India, being a diverse nation, is home to many religions, each with its distinct personal laws governing marriage, divorce, adoption, inheritance and succession. In fact, one could assert that the legality of UCC is rooted in the Constitution of India, Constituent Assembly debates and also Supreme Court of India judgments. He said: “The point however, is this, whether we are …

India Personal Social Supreme Court Constitution Court Rights

Dr.Ambedkar And The Constitution [Full Text Of Speech By Justice B R Gavai]

1 year, 7 months ago

Dr.Ambedkar And The Constitution [Full Text Of Speech By Justice B R Gavai]

Live Law

Guest of Honour Shri Siddharth Dave, learned Senior Counsel, all the Senior Counsel present here, Mr. Nachiketa Joshi, General Secretary, Supreme Court Unit, Adhivakta Parishad, all the office-bearers of the Adhivakta Parishad, office-bearers of the Supreme Court Bar Association, office-bearers of the SCAORA, the Learned Senior Advocates as well as all the practicing lawyers, present here from the Supreme Court. …

India Justice Assembly Constitution High Courts Rights States

A podcast explores why Constituent Assembly debates remain relevant

1 year, 10 months ago

A podcast explores why Constituent Assembly debates remain relevant

Live Mint

It's common these days to drop behind-the-scenes footage of how a project – a film, a song – came to be, showing people the process of making it, the effort involved, the struggles and the issues. This unique podcast explores the debates that the Constituent Assembly engaged in, the differing opinions, and the values they passionately discussed. The six episodes …

India Assembly Constitution Podcast Debates Remain Relevant Constituent Assembly

[Facebook vs Delhi Assembly] Assembly's Function Not Confined To Legislation; Can Have Inquisitorial Role : Supreme Court

3 years, 5 months ago

[Facebook vs Delhi Assembly] Assembly's Function Not Confined To Legislation; Can Have Inquisitorial Role : Supreme Court

Live Law

"The inquisitorial role of the committee in the functioning of House is of great significance, and as recognized, the investigation of a complicated social problem prior to legislation often rests frequently on such legislative committees" Acknowledging that it was not in dispute that Committee proceedings could not be equated to proceedings before the Court of Law, the Apex Court stated …

Assembly Court House Committee Role Legislative Committees

Parliamentary Speeches And Interpretation Of The Constitution: The Maratha Reservations Judgment

3 years, 6 months ago

Parliamentary Speeches And Interpretation Of The Constitution: The Maratha Reservations Judgment

Live Law

A Constitution Bench of the Supreme Court recently interpreted the Constitutional amendments introduced by the Constitution Act in the Maratha reservations case. The majority as well as the dissenting judgments referred to Parliamentary debates and ministerial statements made on the floor of Parliament during the passage of the Constitutional Amendment Bill. In contrast to parliamentary debates, amendments to a Constitutional …

Constitution Constitutional Interpretation Courts Maratha Amendment Parliament