Are Constituent Assembly Debates privileged talk?
Querist :
Anonymous
(Querist) 14 November 2010
This query is : Resolved
Are Constituent Assembly Debates privileged talk or they are admissible as evidence in competent court for the purpose of interpreting the Constitution? I am referring to the following Constituent Assembly Debates: http://parliamentofindia.nic.in/ls/debates/debates.htm
Querist :
Anonymous
(Querist) 14 November 2010
Thank you. If possible, any citations available.
aman kumar
(Expert) 15 November 2010
agree with soni
R.Ramachandran
(Expert) 15 November 2010
Dear Anonymous,
The question posed by you relates to the 'Principles of Statutory Interpretation'.
The aspect touched by you falls under the realm of 'external aids to construction of a statutory provision'.
According to the traditional English view ' the intent of parliament which passed the act' is not to be gathered from the parliamentary history of the Statute.
The language of a minister in proposing in Parliament a measure which eventually becomes law, is inadmissible, and the same rules applies to the reports of the debates and to the resolutions passed by either House of Parliament. This is called 'exclusionary rule'.
In India, though the Supreme Court initially adopted the rule of exclusion of parliamentary history as was being adopted traditionally by English Courts, but subsequently on many occasions used this aid in solving many questions of construction.
The court has now come to the view that legislative history within certain limits may be consulted by courts in resolving ambiguities. But still the courts make distinction between use of a material for finding themischief dealt with by the Act and its use for finding the meaning of the Act.
While the litigant may surely rely upon such parliamentary history for propounding his view on the meaning of a particular provision in the Statute, ultimately it is for the courts to either take that external help or not in interpreting the language of a statute.
[Please go through Principles of Statutory Interpretation' by Justice G.P.Singh, for better understanding.]
Querist :
Anonymous
(Querist) 16 November 2010
Thank you experts, especially Mr. R. Ramachandran for his professional, to the point, excellent and exemplary replies as always!
Querist :
Anonymous
(Querist) 16 November 2010
Yes, his replies as always very complete and concise.
