INTERPRETATION OF THE CONSTITUTION :
The constitution is an organic instrument. It is the fundamental law. The general rule
adopted for construing a written constitution is the same as for construing any other statute. The
constitution should be interpreted so as to give effect to all its parts.
There are basically three types of interpretation of the constitution.
1. Historical interpretation
Ambiguities and uncertainties while interpreting the constitutional provisions can be
clarified by referring to earlier interpretative decisions.
2. Contemporary interpretation
The constitution must be interpreted in the light of the present scenario. The situation
and circumstances prevalent today must be considered.
3. Harmonious Construction
The Supreme Court held in Re Kerala Education Bill that in deciding the fundamental
rights, the court must consider the directive principles and adopt the principle of harmonious
construction so two possibilities are given effect as much as possible by striking a balance.
In Bhatia International v Bulk Trading SA, it was held that if more than one interpretation
is possible for a stature, then the court has to choose the interpretation which depicts the
intention of the legislature.
(i) Interpretation of the preamble of the Constitution :
The preamble cannot override the provisions of the constitution. In Re Berubari, the
Supreme Court held that the Preamble was not a part of the constitution and therefore it could
not be regarded as a source of any substantive power. In Keshvananda Bharthi’s case, the
Supreme Court rejected the above view and held the preamble to be a part of the constitution.
The constitution must be read in the light of the preamble. The preamble could be used for the
amendment power of the parliament under Art. 368 but basic elements cannot be amended.
(ii) General rules of interpretation of the constitution
1. It the words are clear and unambiguous, they must be given full effect.
2. The constitution must be read as a whole.
3. Principles of Harmonious construction must be applied.
4. The constitution must be interpreted in a broad and liberal sense.
5. The court has to infer the sprit of the constitution from the language.
6. Internal and External aids may be used while interpreting.
7. The Constitution prevails over other statutes.
The constitution is an organic instrument. It is the fundamental law. The general rule
adopted for construing a written constitution is the same as for construing any other statute. The
constitution should be interpreted so as to give effect to all its parts.
There are basically three types of interpretation of the constitution.
1. Historical interpretation
Ambiguities and uncertainties while interpreting the constitutional provisions can be
clarified by referring to earlier interpretative decisions.
2. Contemporary interpretation
The constitution must be interpreted in the light of the present scenario. The situation
and circumstances prevalent today must be considered.
3. Harmonious Construction
The Supreme Court held in Re Kerala Education Bill that in deciding the fundamental
rights, the court must consider the directive principles and adopt the principle of harmonious
construction so two possibilities are given effect as much as possible by striking a balance.
In Bhatia International v Bulk Trading SA, it was held that if more than one interpretation
is possible for a stature, then the court has to choose the interpretation which depicts the
intention of the legislature.
(i) Interpretation of the preamble of the Constitution :
The preamble cannot override the provisions of the constitution. In Re Berubari, the
Supreme Court held that the Preamble was not a part of the constitution and therefore it could
not be regarded as a source of any substantive power. In Keshvananda Bharthi’s case, the
Supreme Court rejected the above view and held the preamble to be a part of the constitution.
The constitution must be read in the light of the preamble. The preamble could be used for the
amendment power of the parliament under Art. 368 but basic elements cannot be amended.
(ii) General rules of interpretation of the constitution
1. It the words are clear and unambiguous, they must be given full effect.
2. The constitution must be read as a whole.
3. Principles of Harmonious construction must be applied.
4. The constitution must be interpreted in a broad and liberal sense.
5. The court has to infer the sprit of the constitution from the language.
6. Internal and External aids may be used while interpreting.
7. The Constitution prevails over other statutes.
