82
vote
which
carried
the
Bill.
Nor
is
it
reasonable to assume that the minds of all
those legislator were in accord” or, as it
more tersely pot in an American case-‘those
who did not speak may not have agreed with
those who did; and those who spoke might
differ
from
each
other”.
(Trav-Cochin
V.
Bombay Co. Ltd., 1952(SCR) 1112).
Accordingly,
in
Kesavananda,
it
was
observed
that it is not necessary to refer to judgments which
have relied upon speeches made in the Constituent
Assembly
they
without
were
Constitution.
considering
admissible
In
that
for
case
the
question
whether
interpreting
Sikri,
CJ.
the
Hedge,
Mukherjea and Chandrachud,JJ. held that speeches were
not admissible extrinsic aids to the interpretation
of the constitution. Keeping the above principles on
the genesis of the constitutional law, let us look at
the findings of the High Court Division.
The High Court Division upon analysing the views
taken in the Exparte Sidebotham, (1880) 14 Ch. W.
458; Tariq Transport Company V. Sargotha Bhera Bus