81
Sometimes
the
parliamentary
debates
are
taken
into consideration in interpreting a constitutional
provision. In this regard Patanjali Sastri, CJ. ruled
that speeches made in the Constituent Assembly in
course of draft constitution could be used as aids
for interpreting any article of the constitution. He
observed that:
“… the use made by … Judges below of the
speeches
made
by
the
members
of
the
Constituent Assembly in the course of the
debates
on
the
draft
Constitution
is
unwarranted. That this form of extrinsic aid
to
the
interpretation
admissible
has
been
of
statutes
generally
is
accepted
not
in
England, and the same rule has been observed
in the construction of Indian Statutes. The
reason behind the rule was explained by one
of us in Gopalan that “A speech made in the
course of the debate on a bill could at best
be indicative of the intent of the speaker,
but it could not reflect the inarticulate
mental
process
lying
behind
the
majority