THE USE OF CONSTITUENT ASSEMBLY DEBATES

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO.104 OF 2015

ANOOP BARANWAL … PETITIONER

VERSUS

UNION OF INDIA … RESPONDENT

WITH

WRIT PETITION(CIVIL) NO. 1043 OF 2017

WRIT PETITION(CIVIL) NO.569 OF 2021

AND

WRIT PETITION(CIVIL) NO.998 OF 2022

J U D G M E N T

K.M. JOSEPH, J.

K.THE USE OF CONSTITUENT ASSEMBLY DEBATES

28. In regard to the use of Constituent Assembly debates, the law has not stood still. At any rate, whatever may be the controversy, as regards its employment to discern, the purport of a provision there 50 can be no taboo involved in its use to understand the history of a provision under the Constitution and the various steps leading up to and accompanying its enactment. In this regard, we may refer to the following view expressed in His Holiness Kesavananda Bharati Sripadagalvaru v. State of Kerala and Another10: “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 …” (Emphasis supplied) 29. In fact, in a recent Judgment by Justice Ashok Bhushan, which is partly concurring and partly dissenting, reported in Dr. Jaishri Laxmanrao Patil v. 10 (1973) 4 SCC 225 51 Chief Minister and others11, has approved, after referring to the decisions of this Court on the point, ‘the use of Constituent Assembly debates’.