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The Principle Of Constitutional Interpretation

As a fundamental notion in constitutional law, the principle of constitutional interpretation governs the standards that judges must employ when deciphering the text of a constitution. Constitutional interpretation is the process of determining the meaning and extent of constitutional provisions by evaluating the text of the constitution and the historical, social, and political environment in which it was established.

The interpretation of individual rights and freedoms and the distribution of power between different departments of government can be profoundly affected by the many approaches to constitutional interpretation, such as originalism, textualism, purposivism, and living constitutionalism. For countries with written constitutions, where the interpretation of constitutional provisions can have far-reaching effects on government structure and function, familiarity with the ideas and methodologies of constitutional interpretation is of paramount importance.

Hence, those who study, teach, or practice constitutional law who want to understand how the constitution affects a country's legal and political system must have a firm grasp of the ideas and procedures of constitutional interpretation.

Background And Context
The Indian Constitution is a crucial component of India's democracy, serving as the supreme law of the land. Adopted on January 26, 1950, the Constitution has been amended several times since its inception. It contains fundamental principles that govern the country, including citizens' rights and duties, government structure, and power distribution between the central and state governments.

One of the essential aspects of the Constitution is its interpretive nature, as it is a living document that requires interpretation and application to contemporary situations. The judiciary, particularly the Supreme Court, is responsible for interpreting the Constitution.

The Supreme Court has the power of judicial review, allowing it to determine the constitutionality of laws and executive actions. The principle of constitutional interpretation is critical in understanding the judiciary's role in interpreting the Constitution. The Constitution requires an approach to interpretation that takes into account its text, context, and purpose.

The Indian judiciary has used various approaches to constitutional interpretation, including textualism, structuralism, purposive interpretation, and evolutionary interpretation. These approaches have been used by the courts to determine the extent and scope of fundamental rights guaranteed under the Constitution and to adjudicate on constitutional controversies. The interpretation of the Constitution is an ongoing topic of discussion among scholars, lawyers, and policymakers.

This research paper aims to examine the principle of constitutional interpretation in the Indian context, with a focus on the historical evolution of constitutional interpretation, the different approaches to interpretation, the factors influencing constitutional interpretation, and case studies of landmark judgments that have shaped constitutional interpretation in India. The research paper seeks to contribute to the understanding of the principles of constitutional interpretation and their application in the Indian context.

Purpose And Objective
The principle of constitutional interpretation is aimed at guiding judges in interpreting and applying constitutional provisions to specific cases. The primary objective is to ensure that the Constitution is interpreted in a manner that respects its text, history, and underlying principles while also considering the changing needs and circumstances of society. Some of the crucial goals of the principle of constitutional interpretation are:
  1. Ensuring that the text of the Constitution is given effect: Judges must interpret the Constitution's text in a way that reflects its meaning and purpose. They should consider the words' plain meaning and the context and history surrounding their adoption.
  2. Protecting individual rights and liberties: The Constitution is meant to protect individual rights and liberties, and judges should interpret its provisions in a way that advances this goal. This may entail interpreting broadly-worded provisions in a way that safeguards fundamental rights or restricting the scope of government power to ensure that individual freedoms are not infringed.
  3. Upholding the rule of law: The Constitution is the supreme law of the land, and judges should interpret it in a manner that upholds the rule of law. This requires ensuring that government actions are subject to legal restrictions and that the law is administered impartially and consistently.
  4. Adapting to changing circumstances: The Constitution was designed to be a flexible document that could respond to evolving social and political circumstances. Judges must interpret its provisions in a way that takes into account new developments and changing needs in society while still adhering to its underlying principles.

Methodology Statement Of Problems
The principle of constitutional interpretation refers to the methods and principles applied to interpret the provisions of a constitution. The problem with this approach is that there is often debate among courts, scholars, and citizens over how to interpret individual constitutional provisions, particularly when those provisions are unclear or open to various interpretations.

This dispute can lead to conflicting or contradictory judgements by different courts or departments of government, producing confusion and doubt about the meaning of the constitution. However, some may claim that the principles of constitutional interpretation are themselves subject to interpretation and may be influenced by the personal ideas and biases of the interpreters.

Furthermore, there may be tensions between the notion of constitutional interpretation and other principles or ideals, such as democracy, individual rights, or the rule of law.

For example, certain interpretations of the constitution may prioritize the preservation of individual rights over democratic decision-making, while others may value democratic decision-making over individual rights. The challenge with the principle of constitutional interpretation is how to ensure that constitutional provisions are consistently and accurately read in a way that is loyal to the original meaning and purpose of the constitution while also taking changing social, political, and legal conditions into account.

Literature Review
"The preamble in constitutional interpretation" by Liav Orgad1

LiavOrgad's study examines the Preamble's constitutional interpretation and applicability. The Preamble introduces a constitution's principles and ideas, the article begins. The Preamble can interpret and implement constitutional clauses, according to Orgad. The paper then explores how courts have interpreted the Preamble.

The textual approach treats the Preamble as part of the constitutional text and utilizes its language to interpret other provisions; the historical approach studies the Preamble's drafting history and context to determine its meaning and significance; and the normative approach uses the Preamble's ideals and principles to interpret and apply specific constitutional laws. Orgad then presents many Preamble-based constitutional interpretations from different countries. The Israeli Supreme Court utilized the Preamble to interpret the right to dignity in the Israeli Basic Law: Human Dignity and Liberty, while the Indian Supreme Court interpreted "socialist" in the Indian Constitution.  "Constitutional Interpretation" by Chintan Chandrachud2

Chintan Chandrachud's "Constitutional Interpretation" provides global constitutional interpretation principles. The book covers constitutional interpretation's history and philosophy, specific interpretative principles and techniques, and international case studies. Constitutional interpretation is first examined by Chandrachud. He addresses precedent, comparative law, and constitutional interpretation in heterogeneous societies. Chandrachud illustrates these principles and methods using worldwide case studies in the book's third section. These cases cover free expression, privacy, and presidential power. The US, India, South Africa, and Britain interpret the constitution in the case studies.

"Democracy- Its Influence upon the Process of Constitutional Interpretation" by Dennis Davis3
Dennis Davis writes "Democracy - Its Influence upon the Process of Constitutional Interpretation." The essay begins with a brief history of constitutional democracy and the necessity of judicial review in protecting individual rights and limiting government. Democracy influences constitutional interpretation, Davis says. Democracy legitimizes constitutional judgements, but when it conflicts with individual rights or the rule of law, it can also contradict constitutional interpretation.

Davis examines how democracy affects constitutional interpretation in different countries. In South Africa, the constitutional court must balance minority rights like LGBT rights with democratic will. He examines how democracy has influenced US constitutional freedoms of expression and vote. Davis thinks democracy can shape constitutional interpretation. Democracy legitimizes constitutional judgements but threatens individual liberty and law. Davis advocates a comprehensive and balanced constitutional interpretation that balances democratic goals and individual liberties. 

Bipul Kumar
Bipul Kumar's "Principle of Harmonious Construction: An Indian Judicial Perspective" addresses Indian constitutional law's harmonious construction assumption. Harmonious construction means interpreting laws to prevent conflict and inconsistency. Kumar then discusses how the Indian judiciary has employed harmonious construction in constitutional law in many important instances.

Given the Indian Constitution's complexity and need to balance competing interests and principles, the idea is crucial. Kumar highlights harmonious construction's tendency to infringe individual rights. It's risky, but it can assist read the Constitution's provisions in line with its goals. Kumar's paper summarizes Indian constitutional law's harmonious construction principle. The well-researched study discusses the principle's pros, cons, and applications. Hence, constitutional law professionals, practitioners, and students can learn Indian constitutional interpretation.

Research Question/Objective
What are the different principles of constitutional interpretation, and how do they affect the judicial interpretation of constitutional provisions?

Constitutional Interpretation

Definition of Constitutional Interpretation:

  • Constitutional interpretation refers to the process through which courts interpret and apply the provisions of a constitution to specific legal issues or situations. It entails evaluating the text, structure, history, and underlying principles of a constitution to determine its interpretation and scope, and to drive the formation of legal doctrine and precedents. Constitutional interpretation is an important component of constitutional law, as it helps to establish the limits of government power, preserve individual rights and liberties, and uphold the rule of law.
  • The term "constitutional interpretation" refers to the practice in India of ascertaining the meaning of and applying the rules of the Constitution of India to particular cases. Adopted in 1950, the Constitution of India stands as the country's highest law and establishes the parameters within which the Indian government operates. Several courts in India, including the country's highest court, the Supreme Court, have reached different conclusions about the meaning of the Indian Constitution over time. The process of interpretation requires a close reading of the Constitution and its application to individual circumstances.
  • India's constitution can be interpreted in a number of ways, including textualism, originalism, and purposive interpretation. Textualism adheres to the literal interpretation of the Constitution, while originalism looks to the original intentions of the document's authors. On the other hand, a "purposeful reading" of the Constitution would involve analyzing it in terms of its original intentions and the historical, social, economic, and political climate in which it was drafted. The Indian judiciary, which has come to realize the necessity to modify the Constitution in light of evolving social and economic situations, tends to prefer this strategy.
  • In India, the Constitution is not only interpreted by the judiciary but also by the administration and the legislature. Judiciary, however, is often regarded as the most authoritative source on constitutional interpretation, and its rulings are obligatory on the executive, legislative, and judicial institutions. As a whole, constitutional interpretation in India is a continuing process that requires striking a balance between divergent interests and ideals and adjusting the Constitution to reflect the country's evolving political, economic, and social landscape.

Three main schools of thought can be identified when discussing constitutional interpretation:

  • Historical interpretation: When interpreting constitutional provisions, it can be helpful to look back at previous interpretations to help clear up any ambiguities or uncertainties.
  • Contemporary interpretation: The Constitution should be understood in the context of the contemporary moment. It's important to take into account the current condition and circumstances.
  • Harmonious Construction: Where two provisions in legislation are in such disagreement with each other that both of them cannot stand together, it is possible that they should be so read that effect can be given to both. Because it is not a viable option to embrace a construction that renders both of them ineffective and useless. In Re Kerala Education Bill5 , the Supreme Court ruled that while deciding cases involving basic rights, the court must take into account the directive principles and follow the concept of harmonious construction in order to give effect to both conceivable outcomes. The Supreme Court's decision in Qureshi v. State of Bihar6 upheld the government's obligation to carry out the guiding principles while emphasizing the need to do so in a way that respects citizens' basic liberties. If a statute can be interpreted in more than one way, as was the case in Bhatia International v. Bulk trade SA7 , the court must pick the interpretation that best reflects the intention of the legislature.

Interpretation of the preamble of the Constitution:

  • The preamble cannot be used to disregard the actual text of the constitution. The Supreme Court's ruling in Re Berubari8 made it clear that the Preamble is not a component of the Constitution and, thus, has no legal or binding force. In Keshavananda Bharathi9 , the Supreme Court ruled against this reading and held that the preamble is an integral part of the constitution. The Constitution, including its preamble, must be read in its entirety. Article 368 gives Parliament the right to amend the Constitution, which it may do by amending the preamble but not the body. With the 42nd Amendment, the phrases "Secularism, Socialism, and Integrity" were added to the preamble.

General rules of interpretation of the Constitution:

  • The words must be given full effect if they are clear and unambiguous.
  • The Constitution must be read in its entirety.
  • Harmonic construction principles should be used.
  • The Constitution must be interpreted liberally.
  • The court must determine the intent of the constitution by looking beyond its literal words.
  • When interpreting, it's acceptable to use both internal and external help.
  • All other laws are subordinate to the Constitution.

Predominance Of Union List
If an item appears on both the Union List and the Concurrent List, the Union List takes precedence. If there is a difference between the Concurrent List and State List, the former will take precedence. It takes an overwhelming disparity between Union and State list items before Article 246 (I) of federal supremacy can be invoked.

The words "notwithstanding anything in clauses (2) and (3)" at the end of Article 246 (l) and "subject to clauses (l) and (2)" at the beginning of Clause 3 of Article 246 (l) expressly guarantee the Union List's pre-eminence over the State List and the Concurrent List, and the State List's pre-eminence over the Concurrent List. So, if there is any duplication between the Union List and the State List, the Union List takes precedence.

It is important to note that Article 246 merely outlines the jurisdictional boundaries of both Parliament and the State Legislatures. Legislative authority with respect to items on List II is not conferred upon Parliament as a whole. It lacks the authority to impose its will on any aspect of lawmaking. With respect to an entry of the concurrent list that has been legislated upon by the parliament, Article 256 applies only if the State law is in pith and substance at law.

The provisions related to principles of constitutional interpretation can be found throughout the Constitution, but some of the key provisions include: Article 39: This article lays down the Directive Principles of State Policy which are guidelines for the government to follow in order to establish a just and welfare state. These principles are not legally enforceable by courts but are fundamental in the governance of the country and should be kept in mind while interpreting the Constitution.

Article 13:
This article lies down that the state shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void. This provision is used to strike a balance between the state's power and the individual's rights and freedoms.

Article 368:
This article lays down the procedure for amending the Constitution. This provision is used to establish the principle of Basic Structure, which holds that certain basic features of the Constitution are so fundamental that they cannot be amended.

Article 32:
This article lays down that the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed. This provision is used to establish the principle of Progressive Realization, which holds that the state has an obligation to progressively realize the socio-economic rights guaranteed under the Constitution.

The Preamble lays down the basic principles and objectives of the Constitution. This provision is used to establish the principle of Harmonious Construction, which holds that the Constitution should be read as a whole and each provision should be interpreted in light of the other provisions. It's important to note that the principles of constitutional interpretation are not explicitly stated in the Constitution, but have developed over time through judicial interpretation and decisions.

Various Principles Of Constitutional Interpretation

Doctrine Of Harmonious Construction

When two provisions in legislation are in such disagreement with one other that both of them cannot stand together, it is possible that they should be read in such a way that effect can be given to both. And that it's not a good idea to go with a construction that nullifies both of them unless there's no other option.

The Supreme Court declared in Re Kerala Education Bill that the court must take into account the directive principles and implement the notion of harmonic construction when deciding fundamental rights, so that two possibilities are given effect to the maximum extent possible by striking a balance.

While the state must implement the guiding principles, it must do so without violating the rights of its residents, the Supreme Court declared in Qureshi v. State of Bihar. If there is more than one way to read a statute, the court must pick the one that best reflects the intention of the legislator, as was the case in Bhatia International v. Bulk trade SA.

Doctrine Of Pith And Substance
Substance refers to the most significant or central aspect of something, whereas pith refers to its authentic nature. The primary goal of this concept is to identify the particular area of law (or "head of authority") under which a specific piece of legislation is to be categorized (as per the seventh schedule). In their respective spheres of authority, both the Federal and state legislatures are supreme. They must not invade the territory of the other player.

If a legislation made by one branch of government infringes on the jurisdiction of another, the Court will apply the Pith and Substance doctrine to decide which body of government has the authority to make the law at issue. In State of Bombay v. F. N. Balsara10, it was argued that the State's prohibition on the sale and possession of alcoholic beverages infringed upon the import and export of alcoholic beverages beyond custom frontiers, which was the purview of the Central government.

It was argued that the import of alcohol would be affected by its ban, acquisition, use, possession, and sale. Even though the Act inadvertently encroached over the Union Powers of Law, the Court decided that the Act was constitutional since its essence and purpose lay within the State List and not under the Union List. In the case of Profulla Kumar Mukerjee v. Bank of Khulna 11, the Privy Council applied this principle.

Since money lending is a matter reserved to individual states, the Privy Council declared that the Bengal Money- lenders' Act was unconstitutional. Promissory notes are a Central subject, and the challengers to the Act maintained that it was beyond the competence of the Bengal Legislature to limit the amount and rate of interest recovered by a money lender on any loan.

Principle Of Colourable Legislation
When a lawmaker wishes to do something that isn't allowed by the Constitution, the "doctrine of colourability" holds that he or she will find a way to "colour" the law with another purpose that will allow him or her to achieve the original goal.

What can't be done straight up can't be done through backdoor tactics, as the adage goes. The rule addresses the issue of whether or not a given body of legislators has the authority to adopt a particular statute. The question of whether someone is acting honestly or dishonestly is irrelevant while discussing Colourable Laws. There are two types of statutory violations: those that are obvious to the naked eye, and those that are more subtle.

It's also used to refer to Constitutional scams. In India, "the idea of colourable legislation" simply means that the government has less leeway to pass arbitrary laws. While the legislature is acting outside its authority, this comes into play. So, the idea applies whenever a law attempts to accomplish in a roundabout way what it cannot do directly. The topic of whether or not a law can be passed indirectly if it is outside the scope of legislative authority is moot.

This principle is most often used to Article 246 of our Constitution, which sets up the boundaries between the powers of the Parliament and those of the State Legislative Assembly by dividing the topics up into List I for the Union, List II for the States, and List III for both. This principle applies when a legislature that does not have the authority to legislate on a certain subject nevertheless does so indirectly. The fate of the challenged legislation is decided by applying this principle.

The only time a law has been struck down due to ambiguous intent is in State of Bihar v. Kameshwar singh12. This case involved a challenge to the validity of the Bihar Land Reforms Act of 1950 on the grounds that, despite its outward appearance, the law did not in fact establish any principles for determining compensation, and instead sought, in a roundabout way, to prevent the petitioner from receiving any compensation.

Principle Of Eclipse
According to the Doctrine of Eclipse, it is not invalid for a statute to be in conflict with Basic Rights. Not quite extinct, but fundamental rights have mostly overtaken it. By amending the Constitution to remove the conflicting fundamental right, the eclipse can be lifted and the entire statute can be upheld. When the Constitution takes effect in India, any and all preexisting legislation that are in conflict with its provisions will be null and void.

At the time of the Constitution's implementation, any pre-existing legislation that is in conflict with its provisions is null and void. But, the rule of law does not perish. Any legal issue that arose before the Constitution took effect will still be governed by the pre-Constitutional legislation. To the extent that a given law falls inside the FR's umbrella, it will be superseded. State of Bombay in the matter of Keshavan Madhava Menon13, The relevant statute in this instance before the Constitution's entry into force.

This is because, under article 13(1)20, the statute was nullified "to the extent of such contradiction" since it imposed restrictions on the exercise of the right given to residents of India by article 19(1)(g) that could not be explained as reasonable under paragraph (6) as it then stood. According to the court, the legislation was nullified not "in toto," "for all purposes," "for all times," or "for all persons," but simply "to the extent of such incompatibility," i.e., to the extent it became inconsistent with the provisions of Part III, which established the fundamental rights on the citizens.

Because of this, pre-Constitutional legislation that violate basic rights can be upheld under the Doctrine of Eclipse, which holds that such laws are not invalid from the start but are unenforceable to the extent that they are inconsistent with fundamental rights. If the Constitution is amended in such a way that the existing legislation is no longer inconsistent with or in contradiction with the fundamental rights, then the Eclipse is lifted and the law in question once again takes effect.

Doctrine Of Severability
If a law cannot be made constitutional through a reasonable interpretation, the doctrine of severability allows us to consider whether or not it can be salvaged in part. Any laws in existence in India before to the start of the Constitution shall be void in so far as they are inconsistent with the provisions of the Constitution, as stated in Article 13 of the Indian Constitution. No law may be passed by the state that diminishes or otherwise abridges the Fundamental Rights guaranteed by Article III of the Constitution.

Any legislation that runs counter to the Constitution is null and void. If it is possible to cut out the invalid component, that part will be removed and voided. (Assuming, of course, that the remaining portion would still be functionally complete without the severed one.) There are situations when the Act's lawful and invalid provisions are so intertwined that they cannot be disentangled. In that event, the entire Act would be null and void.

HR Banthia v. Union of India 14:
Certain parts of the Gold Control Act, 1968 were invalidated by the Supreme Court, but the others were upheld because they could be read independently of the parts that were struck down. This case is a good example of the principle of severability in practice.

AK Gopalan v. State of Madras 15:
The Supreme Court ruled that only the objectionable component of the disputed Act will be void and not the full Act, and that every effort should be taken to preserve as much of the Act as practicable in the event of repugnancy to the Constitution. Severability means that the removal of the invalid provision does not alter the essential purpose of the law.

The court ruled that the Preventive Detention Act of 1950 was constitutional with the exception of Section 14, and that the petitioner's incarceration was not in violation of the law since Section 14 could be separated from the remainder of the Act.

Doctrine Of Territorial Nexus
It is crystal clear that "No law adopted by Parliament will be deemed to be invalid on the ground that it would have extra-territorial operation" as per Article 245 (2) of the Constitution of India. This means that the extraterritorial applicability of a law is not a valid argument against it. It is settled law that our nation's courts must implement the law using whatever means they have at their disposal, and that they have no right to challenge the legislative branch's right to pass a law with extraterritorial effects. Legality is not undermined when a law is used in an extraterritorial context.

On the other hand, there may be situations where a relationship with India is still required, such as under taxes laws. The Doctrine of The following situations qualify as "territorial nexus" in legal terms: The question of whether or not a state has extra-territorial operation. A state's authority to legislate on a particular topic depends on whether or not the topic at hand has any connection to the state's territory.

That means that the thing the law applies to doesn't have to be physically present within the state's borders, but rather just needs to have a strong enough link to the state for the law to apply to it. When there is a strong and substantial geographical link between a state and a person, property, object, or transaction, that state may impose taxation on that entity regardless of whether or not it is physically located inside the state's borders.

State Of Bomaby V R.M.D. Chamarbaugwala
The State of Bombay against the RMDC the Respondent did not live in Bombay, but he ran contests with cash prizes through a publication with widespread distribution in the city of Banglore. The competition's essentials-application submission, entry fee payment, etc. all took place in Mumbai. State officials attempted to tax the company responder for operating within its borders.

For the Supreme Court to rule on, it had to determine whether or not the competition's organizer, a respondent located outside of Bombay state, could be lawfully taxed under the Act. According to the court, the respondent was subject to taxation by the Bombay legislature because all of the competitor's typical business activities took place within Bombay.

Tata Iron & Steel Company vs. Bihar State 17: If items are produced, found, or made in Bihar, then the state government will collect sales tax on the transaction regardless of where it takes place (inside or outside the state). In its ruling, the court found that the Act was constitutional because of the existence of an adequate territorial link. The facts and circumstances of each case will determine whether there is sufficient connection between the law and the thing sought to be taxed.

It was noted that there were two factors to think about when determining if there was a strong enough geographical connection:
  1. The bond must be genuine and not fictitious.
  2. The sought-after responsibility must have some relevance to the aforementioned connection.
In conclusion, the principle of constitutional interpretation is an indispensable tool for interpreting and applying the provisions of a constitution. The idea behind this rule is that the Constitution should be interpreted in a way that furthers the values and principles it upholds. Constitutional interpretation is used to guarantee that the document is applied in a manner that is fair, just, and in keeping with democratic ideals and values.

It's also used to make sure the Constitution is interpreted in a way that upholds individual liberties and safeguards people from abusive governmental policies. Courts do this by applying several interpretative methods to figure out what the Constitution actually says, including textual analysis, historical context, and structural analysis. In sum, the idea of constitutional interpretation serves as a crucial guarantee for individual rights and liberties, as well as for democracy and the rule of law.

Suggestion And Finding
An essential part of India's Constitutional Law is the notion of constitutional interpretation. The Indian Supreme Court has used several different methods of interpreting the Constitution, including the literal, purposive, and harmonic approaches. In addition to using the concepts of constitutional morality, basic structure, and judicial activism, the Court has also relied on these principles while reading the Constitution. Socio-political setting, judicial philosophy, and the principles embodied in the Constitution are just few of the factors that have shaped the interpretation of the Constitution.

The results indicate that constitutional interpretation in India is a living and changing process based on a premise of gradual change. The way the courts interpret the Constitution has far reaching consequences for how other laws and policies are interpreted throughout the country. The results also show how critical it is to ensure that constitutional interpretation is grounded in the Constitution's core ideals of justice, liberty, equality, and fraternity.

The influence of political ideology, popular opinion, and the media on constitutional interpretation in India should be done in future studies. The importance of constitutional interpretation in moulding Indian public policy and government should also be explored. The influence of the basic structure doctrine on constitutional interpretation in India could also be one of the importance aspects to look upon.

Primary Sources
  • The Constitution of India, 1950
Secondary Sources
  • Durga Das Basu, Introduction to Constitution of India, (22nd edition Lexis Nexis) 2015
  • Justice G P Singh, Principles of Statutory Interpretation, (Lexis Nexis), 2022
  • Liav Orgad, The Preamble in Constitutional Interpretation (October 3, 2010), 8(4) International Journal of Constitutional Law (I-CON) 714 (2011), (SSRN)
  • Chandrachud, Chintan, Constitutional Interpretation (November 18, 2015). The Oxford Handbook of the Indian Constitution (2016), SSRN
  • Dennis Davis, Democracy � Its Influence upon the Process of Constitutional Interpretation, South African Journal on Human Rights, (1994) 4. Bipul Kumar, Principle of Harmonious Construction: An Indian Judicial Outlook, National Journal of Real Estate, (2022)
Online Source
  • SCC Online
  • Hein Online
  • SSRN
  • Lawctopus
  • Westlaw
  • Tatista
  • Taxmann
  • Taxguru
  1. Kerala Education Bill, 1957, In Re, 1959 SCR 995
  2. Mohd. Hanif Quareshi v. State of Bihar, 1959 SCR 629
  3. Bhatia International v. Bulk Trading S.A., (2002) 4 SCC 105
  4. Berubari Union (I), In Re, (1960) 3 SCR 250
  5. Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225
  6. State of Bombay v. F.N. Balsara, 1951 SCC 860
  7. Profulla Kumar Mukerjee v. Bank of Khulna, (1947) 49 BOMLR 568
  8. M.D. Sir Kameshwar Singh v. State of Bihar, 1951 SCC Online PAT 56
  9. Keshavan Madhava Menon v. State of Bombay, 1951 SCC 16
  10. Harakchand Ratanchand Banthia v. Union of India, (1969) 2 SCC 166
  11. A.K. Gopalan v. State of Madras, 1950 SCC 228
  12. State of Bombay v. R.M.D. Chamarbaugwala, 1957 SCR 874
  13. Tata Iron & Steel Company vs. Bihar State, AIR 1958 SC 482

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