Assignment- INTERPRETATION OF STATUTES

TOPIC- CRITICAL ANALYSIS: MEANING AND PRINCIPLES OF CONSTRUCTION

OF CONSTITUION

Contents
INTRODUCTION ................................................................................................................................................... 1-6
CONTEXT OF THE STUDY ...................................................................................................................................
STATEMENT OF PROBLEMS ...............................................................................................................................
RESEARCH-QUESTION.........................................................................................................................................
HYPOTHESIS ..........................................................................................................................................................
OBJECTIVE OF THE RESEARCH .........................................................................................................................
RESEARCH METHODOLOGY ..............................................................................................................................
Literature Review: .....................................................................................................................................................
LARGER PERSPECTIVE: THE MEANING OF PRINCIPLES OF INTERPRETATION AND
CONSTRUCTION OF CONSTITUTION . ............................................................................................................... 7
WHICH LIST SHALL PREVAIL? “UNION, STATE OR CONCURRENT LIST” ................................................ 7
MEANING OF THE DOCTRINE OF HARMONIOUS CONSTRUCTION ........................................................... 8
ANALYSIS:THE DOCTRINE OF PITH AND SUBSTANCE ................................................................................. 9
OVERVIEW: THE DOCTRINE OF COLOURABLE LEGISLATION ................................................................. 10
RULE OF THE DOCTRINE OF REPUGNANCY.................................................................................................. 11
ELABORATION OF DOCTRINE OF ECLIPSE .................................................................................................... 12
ANALYSIS: DOCTRINE OF SEVEREABILITY .................................................................................................. 12
MEANING AND PURPOSE: THE DOCTRINE OF SEVERABILITY ................................................................ 13
OVERVIEW: DOCTRINE OF IMPLIED POWERS .............................................................................................. 14
PRINCIPLE OF INCIDENTAL OR ANCILLARY POWERS ............................................................................... 14
THEORY OF DOCTRINE OF TERRITORIAL NEXUS ....................................................................................... 15
CONCLUSION ......................................................................................................................................................... 16
BIBLIOGRAPHY ..................................................................................................................................................... 17
 INTRODUCTION

The constitution is a foundational document and the fundamental law of a country. The general
rule for interpreting a written constitution is the same as for interpreting any other law.
In democratic nations, the judiciary holds a position of great importance. Courts play a vital role
in explaining the provisions of the constitution and act as the ultimate interpreter, protector, and
defender of the constitution's supremacy. The judiciary has a crucial responsibility in interpreting
and upholding the human rights enshrined in the constitution. Therefore, it is essential to consider
the approach that the judiciary should adopt in constitutional interpretation. The judiciary needs
to employ a pragmatic and purposive approach to interpret various rights outlined in the
constitution. Interpreting the constitution is a creative function that should align with the
underlying constitutional philosophy. A democratic society is guided by values such as individual
liberty, human dignity, the rule of law, and constitutionalism, and it is the duty of the judiciary to
interpret the constitution and laws in a way that promotes and instills these values, which are
essential for the thriving of democracy. The predominant approach to interpretation followed by
the Indian Judiciary stems from the traditional theory that judges do not create law but rather
declare it, known as positivism.1

a. CONTEXT OF THE STUDY

The interpretation of statutes plays a crucial role in the legal system, ensuring that laws are
applied and understood correctly. Within the realm of statutory interpretation, the construction of
a constitution holds immense significance, as it serves as the fundamental law of a nation and
establishes the framework for governance, rights, and responsibilities. The construction of the
constitution refers to the process of understanding and giving meaning to its provisions and
principles. In a democratic society, the constitution acts as a guiding document that safeguards
individual liberties, upholds the rule of law, and sets the parameters for governmental powers.
However, constitutional provisions can be subject to diverse interpretations, leading to debates
and differing perspectives on their intent and scope. It is within this context that the study of the
construction of the constitution becomes vital. This assignment focuses specifically on the
construction of the constitution, with an emphasis on the interpretation of its provisions. By
examining relevant case law, scholarly works, and legal principles, this study aims to delve into
the methods and approaches used by courts and legal scholars in interpreting constitutional
provisions.

1
Meaning of positivism, available at:
https://www.oxfordlearnersdictionaries.com/definition/english/positivism#:~:text=%2F%CB%88p%C9%91%
CB%90z%C9%99t%C9%AAv%C9%AAz%C9%99m%2F,proved%2C%20rather%20than%20on%20ideas
(last visited on 23 may 2023)
b. STATEMENT OF PROBLEMS

The construction of the constitution is a complex and multifaceted process that requires an in-
depth analysis and interpretation of its provisions. While the interpretation of statutes, in general,
has been extensively studied and explored, there exists a significant gap in our understanding of
the specific challenges and methodologies involved in the interpretation of constitutional
provisions. This lack of clarity hinders the consistent and coherent application of constitutional
law, which is essential for upholding the principles of justice, fairness, and democratic
governance. The problem at hand is the absence of comprehensive research that explores the
nuances of constitutional interpretation and the various approaches utilized by courts and legal
scholars in determining the meaning and scope of constitutional provisions. Additionally, there is
a lack of consensus on the appropriate balance between the original intent of the framers and the
evolving societal context when interpreting the constitution. This gap in knowledge inhibits the
development of a unified and systematic approach to constitutional interpretation, leading to
potential inconsistencies and controversies in legal decision-making.
This research endeavor will contribute to the existing body of knowledge on constitutional
interpretation, providing valuable insights for legal practitioners, scholars, and policy makers.

c. RESEARCH-QUESTION

What are the key challenges and approaches in the interpretation of constitutional provisions, and
how can a balanced and coherent framework for constitutional construction be developed to
reconcile the original intent of the framers with the evolving needs and values of society?

d. HYPOTHESIS

Given the complexities of interpreting constitutional provisions, it is hypothesized that a balanced

and coherent framework for constitutional construction can be developed to reconcile the original
intent of the framers with the evolving needs and values of society. This framework will involve
incorporating both the original intent of the framers and the dynamic interpretation of
constitutional provisions in light of changing societal contexts.

e. OBJECTIVE OF THE RESEARCH

Explore the different approaches utilized by courts and legal scholars in interpreting
constitutional provisions, including originalism, textualism, purposivism, and living
constitutionalism.
f. RESEARCH METHODOLOGY

This study will employ a combination of qualitative and quantitative research methods to achieve
its objectives. By utilizing the mixed-method research approach, the study aims to provide a
comprehensive and nuanced understanding of the challenges and methodologies involved in the
interpretation of constitutional provisions and contribute to the development of a robust
framework for constitutional construction.

g. Literature Review:

A comprehensive review of relevant literature, including scholarly articles, books, case law, and
legal opinions, will be conducted to establish a theoretical foundation and understand the existing
discourse on constitutional interpretation and construction.

1. LARGER PERSPECTIVE: THE MEANING OF PRINCIPLES OF

INTERPRETATION AND CONSTRUCTION OF CONSTITUTION .

The powers of Centre and States are divided. They cannot make laws outside their allotted
subjects. It is true that a scientific division is not possible and questions constantly arise whether
a particular subject falls in the sphere of one or the other government. This duty in a federal
constitution is vested in the Supreme Court of India. The Supreme Court has evolved the
following principles of interpretation in order to determine the respective power of the Union and
the States under the three Lists.2

2. WHICH LIST SHALL PREVAIL? “UNION, STATE OR CONCURRENT

LIST”

In case of overlapping between the Union and the Concurrent List, it is again the Union List
which will prevail.3 In case of conflict between the Concurrent List and State List, it is the
Concurrent List that shall prevail.4 The principle of federal supremacy in Article 246 (1)5 cannot

2
Avtar Singh and Harpreet Kaur, Introduction to Interpretation of Statues 64 (Lexis Nexis, Gurgaon, India,
2021).
3
Ibid.
4
Supra Note 2.
 beresorted unless there is an irreconcilable conflict between the entries in Union and State list.
Art. 246 (l) “notwithstanding anything in clauses (2) and (3)” and the opening words of clause
(3) "subject to clauses (l) and (2)” expressly secure the predominance of the Union List over the
State List and the Concurrent List and that of the Concurrent List over the State List.6

3. MEANING OF THE DOCTRINE OF HARMONIOUS CONSTRUCTION

It is a cardinal rule of construction that when there are in a statute two provisions which are in
such conflict with each other, that both of them cannot stand together, they should possibly be so
interpreted that effect can be given to both.7 And that a construction which renders either of them
in operative and useless should not be adopted except in the last resort.

4. ANALYSIS:THE DOCTRINE OF PITH AND SUBSTANCE

Pith refers to the true nature or essence of something, while substance denotes the most important
or essential part.8 The primary objective of the doctrine is to determine the specific category or
domain, known as the head of power or field, under which a particular legislation falls, as
outlined in the seventh schedule.9
Both the Union and State Legislatures hold supremacy within their respective fields and must
refrain from encroaching upon or trespassing into the domain reserved for the other.10In cases
where a law enacted by one legislature infringes upon the jurisdiction assigned to the other, the
Court applies the Pith and Substance doctrine to resolve the issue and determine whether the
legislature in question possessed the authority to enact the law.11
In State of Bombay v. F. N. Balsara12, The validity of the Bombay Prohibition Act, which

5
The constitution of India
6
Ibid.
7
Ishani Acharya and Rahul Das, “The Doctrine of Harmonious Construction in the Interpretation and
Construction of Statutes” 4 International Journal of Law and Legal Jurisprudence 6 (2018)

8
Explained the Pith and Substance Doctrine, INDIA, available at: https://lexforti.com/legal-news/doctrine-of-
pith-and-substance/ ( last visited on 25 May 2023)
9
Doctrine of Pith and Substance(Patna Law College), India, available at:
https://patnalawcollege.ac.in/econtent/E-Content%202%20for%201st%20sem.pdf ( last visited on 25 May
2023)
10
Ibid.
11
Ibid.
12
1951 AIR 318, 1951 SCR 682
 prohibited the sale and possession of liquors within the State, was questioned based on the
argument that it indirectly interfered with the import and export of liquors across the customs
frontier, a matter falling under the jurisdiction of the central government. It was contended that
the prohibition, purchase, use, possession, and sale of liquor would impact its import. However,
the Court upheld the validity of the Act, reasoning that its primary purpose and essence pertained
to matters within the State List rather than the Union List, despite the Act incidentally
encroaching upon the legislative powers of the central government.
In Ishwari Khetal Sugar Mills v. State of U. P13., the validity of the U.P. Sugar Undertakings
(Acquisition) Act of 1971 was challenged on the basis that the State Legislature lacked the
authority to enact the law as it fell under the legislative power of the Parliament according to
Entry 52 of List I. It was argued that due to the declaration made by the Parliament under Entry
52 of List I, bringing the sugar industry under its control, the industry no longer fell under Entry
24 of List II, thereby divesting the State Legislature of any legislative power to enact laws
pertaining to the sugar industry. As the impugned legislation dealt with industrial undertakings in
the sugar industry, which was a subject under the central government's jurisdiction, it was
claimed that the legislation was void. However, the Court dismissed these arguments and
determined that there was no conflict between the State Act and the Central Act under the
Industries Act of 1951. The power of acquisition or requisition of property stated in Entry 42 of
List III is an independent power, and the impugned Act, being primarily concerned with the
acquisition of scheduled undertakings, could be attributed to Entry 42. Furthermore, the control
over the sugar industry had been assumed by the Central Government. Therefore, the power of
the State Legislature to legislate was based on Entry 42, and its control had been taken over by
the Central Government.14

5. OVERVIEW: THE DOCTRINE OF COLOURABLE LEGISLATION

The doctrine of colourability is the idea that when the legislature wants to do something that it
cannot do within the constraints of the constitution, it colours the law with a substitute purpose
which will still allow it to accomplish its original goal.15

13
AIR 1980 SC 1955
14
Ns Batra, Interpretation of Statutes 98 (Lexis Nexis, Gurgaon, India, 2021).

15
Supra Note 2 at 75
 There is a Maxim which goes as “Quando aliquid prohibetur ex directo, prohibetur et per
obliqum” which means what cannot be done directly cannot also be done indirectly. 16 The
substance of this rule is taken from the above maxim.
The concept of "colourable legislation" pertains to the issue of legislative competence to enact a
law. It does not concern the question of good faith or bad faith. Legislative transgression can be
overt and direct or concealed and indirect. It is also associated with a fraudulent manipulation of
the Constitution.17
In the context of India, the doctrine of colourable legislation signifies a limitation on the
lawmaking authority of the legislature.18It becomes relevant when the legislature, while claiming
to act within its powers, actually exceeds those powers. Therefore, the doctrine is applicable when
legislation attempts to achieve indirectly what it cannot accomplish directly. If the impugned
legislation falls within the legislative competence, there is no need to consider the aspect of
achieving something indirectly that cannot be achieved directly.
In the Indian Constitution, this doctrine is typically applied to Article 246 19, which delineates the
legislative competence of the Parliament and the State Legislative Assemblies by specifying the
different subjects listed in List I for the Union, List II for the States, and List III for both, as
mentioned in the seventh schedule.20
This doctrine comes into play when a legislature lacks the power to legislate on a particular
subject but still manages to do so indirectly. The fate of the impugned legislation is determined by
applying this principle.21

State of Bihar v. Kameshwar singh22, is the only case where a law has been declared invalid on
the ground of colourable legislation. In this case the Bihar Land Reforms Act, 1950, was held
void on the ground that though apparently it purported to lay down principle for determining
compensation yet in reality it did not lay down any such principle and thus indirectly sought to
deprive the petitioner of any compensation.

6. RULE OF THE DOCTRINE OF REPUGNANCY

If any provision of a law enacted by the State Legislature conflicts with a provision of a law
enacted by the Parliament, which has the authority to legislate on the subject matter, or with a
provision of an existing law related to a matter listed in the Concurrent List, then the law enacted
by the Parliament, whether it was passed before or after the law enacted by the State Legislature,

16
Meaning of maxim, available at: https://openjurist.org/law-dictionary/quando-aliquid-prohibetur-ex-
directo-prohibetur-et-per-obliquum (26 may 2023)
17
Mp Tandon, Interpretation of Statutes and Legislation 332 (Allahabad Law Agency, Allahabad, 5th edn.,
2019).
18
Ibid.
19
The Constitution of India
20
Supra Note 17 at 334
21
Ibid.
22
AIR 1952 SC 252
 or the existing law, will take precedence.23 In such cases, the law enacted by the State Legislature
will be considered void to the extent of the inconsistency. Article 254(1)24is applicable only when
there is a contradiction between a Central Law and a State Law concerning a subject mentioned in
the Concurrent List.25
M. Karunanidhi v. Union of India26, Fazal Ali J., reviewed all its earlier decisions and
summarised the test of repugnancy. According to him a repugnancy would arise between the two
statutes in the following situations:
1. It must be shown that there is clear and direct inconsistency between the two enactments
[Central Act and State Act] which is irreconcilable, so that they cannot stand together or operate
in the same field.27
2. There can be no repeal by implication unless the inconsistency appears on the face of the two
statutes.28
3. Where the two statutes occupy a particular field, but there is room or possibility of both the
statutes operating in the same field without coming into collusion with each other, no
repugnancy results.29

4. Where there is no inconsistency but a statute occupying the same field seeks to create distinct
and separate offences, no question of repugnancy arises and both the statutes continue to operate
in the same field.30

7. ELABORATION OF DOCTRINE OF ECLIPSE

The Doctrine of Eclipse states that any law that is in conflict with the Fundamental Rights
guaranteed by the Constitution is not rendered completely invalid. Instead, it remains in existence
but is overshadowed by the fundamental right.31 The conflict or inconsistency can be eliminated

23
Supra Note.2 at 56
24
The constitution of India
25
Supra Note 23
26
1979 SCR (3) 254
27
Concept of repugnancy, India, available at: https://www.livelaw.in/know-the-law/concept-of-repugnancy-
under-article-254-173619 ( last visited on 27 May 2023)
28
Ibid.
29
Ibid.
30
Ibid.
31
Sushila Rao, “The Doctrine of Eclipse in Constitutional Law: A Critical Reappraisal of its Contempor Aisal
of its Contemporary Scope and Relevance” 18 National Law School of India Review 13 (2006).
 by amending the relevant fundamental right through a constitutional amendment, thereby
removing the eclipse and rendering the entire law valid.32
According to the Constitution of India, all laws in force before the Constitution came into effect
are void to the extent that they are inconsistent with its provisions. Any pre-existing law that
contradicts the Constitution becomes inoperative upon the commencement of the Constitution.33
However, it should be noted that the law does not become completely invalid. It remains a valid
law for the purpose of determining any legal questions that arose before the Constitution's
commencement.34 The existing law only becomes eclipsed to the extent that it falls under the
shadow of the Fundamental Rights.
Doctrine of Eclipse provides for the validation of Pre-Constitution Laws that violate fundamental
rights upon the premise that such laws are not null and void ab initio but become unenforceable
only to the extent of such inconsistency with the fundamental rights.35 If any subsequent
amendment to the Constitution removes the inconsistency or the conflict of the existing law with
the fundamental rights, then the Eclipse vanishes and that particular law again becomes active
again.
Bhikaji v State of MP36, The MP Government passed an Act in the year 1950 for nationalizing
the motor transport and the Act was passed before the commencement of the constitution. The
statue was challenged by the petitioner under Article 19(1)(g) of the constitution. The Central
Government amended the Act that enabling the state to nationalize the motor transport. The apex
court held that the statue of Madhya Pradesh State of nationalizing the motor transport was cured
by the 4th Amendment Act 1955 and therefore the Doctrine of Eclipse has been applied and such
Act is valid.

32
Supra Note 17.
33
Ibid.
34
Supra Note 31.
35
J.N Pandey, Constitutional Law of India 453 (Central Law Agency, Allahabad, 51st edn., 2021).

36
1955 SCR (2) 589
 8.ANALYSIS: DOCTRINE OF SEVEREABILITY

The Doctrine of Severability allows for the possibility of salvaging an enactment by removing the
invalid part while preserving the valid portion.37 However, for severability to be applicable, the
remaining part of the enactment must be capable of meaningful existence without the severed
portion. In cases where the valid and invalid parts of the Act are so intertwined that they cannot
be separated, the entire Act will be invalidated.38
Therefore, the Doctrine of Severability provides a mechanism to address unconstitutional
provisions within an enactment. It ensures that if a part of the law can be removed without
rendering the rest meaningless, the invalid part is severed and declared void, while allowing the
valid portion to remain in force.
AK Gopalan v. State of Madras39 The Supreme Court, in this particular case, established that
when a provision of an Act is found to be inconsistent with the Constitution, only the specific
provision that is repugnant will be declared void, rather than invalidating the entire Act. The court
emphasized the importance of preserving as much of the Act as possible.
The court also highlighted that if removing the invalid part of the Act does not alter the nature or
the overall objective of the legislation, it is considered severable. In this case, it was determined
that all sections of the Preventive Detention Act, 1950, except for Section 1440, were valid. Since
Section 1441 could be separated from the rest of the Act without significantly impacting its
purpose or structure, the detention of the petitioner under the Act was deemed lawful.42
HR Banthia v. Union of India43,In this case, the Supreme Court struck down certain provisions
of the Gold Control Act, 1968 and since these were not inextricably bound up with the rest of the
provisions of the Act, the rest were held to be valid. The decision is an illustration of severability
in application.

37
Ibid. at 433
38
Supra Note 2. At 89
39
1950 AIR 27
40
Prevention of Detention Act,1950
41
Ibid.
42
Supra Note 38.
43
1970 AIR 1453
 .

9. OVERVIEW: DOCTRINE OF IMPLIED POWERS

Implied powers are laws that are deemed necessary and appropriate for the execution of a specific
power or are incidental to that power. These laws are presumed to be constitutional. In essence,
when constitutional powers are granted in broad terms, implied powers naturally emerge as a
result. Similarly, constitutional limitations or restraints are also established in general terms, from
which implied restrictions are derived.44
This legal principle highlights that the rights and obligations of a legislative body or organization
are typically derived from its functions and objectives as outlined in its constitution or charter,
and further developed through practical application. In other words, the implied powers and
restraints of a governing body are determined based on its inherent purposes and responsibilities
as set forth in its governing document.45

a. PRINCIPLE OF INCIDENTAL OR ANCILLARY POWERS

Implied powers are laws that are deemed necessary and appropriate for the execution of a
specific power or are incidental to that power. These laws are presumed to be constitutional. In
essence, when constitutional powers are granted in broad terms, implied powers naturally emerge
as a result. Similarly, constitutional limitations or restraints are also established in general terms,
from which implied restrictions are derived.46
This legal principle highlights that the rights and obligations of a legislative body or organization
are typically derived from its functions and objectives as outlined in its constitution or charter,
and further developed through practical application. In other words, the implied powers and
restraints of a governing body are determined based on its inherent purposes and responsibilities
as set forth in its governing document. The principle of incidental and ancillary powers is an
important rule of interpretation in constitutional law. According to this principle, the words used
in the Constitution that grant legislative power should be given the broadest possible
interpretation.47 If the words are of wide amplitude, they should be interpreted in a way that gives
effect to their full scope. It is incorrect to give a narrow or restricted interpretation to words of
wide amplitude in a Constitution. This principle complements the doctrine of Pith and Substance.
It means that the power to legislate on a particular subject also includes the power to legislate on

44
Prashant Saurabh, The doctrine of implied powers, India, available at:
https://ilsijlm.indianlegalsolution.com/the-doctrine-of-implied-power-prashant-saurabh/ (last visited on 27
may 2023)
45
Ibid.
46
Supra Note 31.
47
Supra Note 35
 ancillary matters that are reasonably connected to that subject. Simply analyzing the pith and
substance of an act may not be sufficient to determine its constitutionality. In such cases, it is
necessary to consider whether the matters referred to in the act are essential to give effect to the
main subject of the act.48

10.MEANING OF DOCTRINE OF TERRITORIAL NEXUS

The theory of territorial nexus refers to the relationship between territory and the jurisdiction of a
state. In this doctrine, "territorial" pertains to matters related to a specific territory or location,
while "nexus" refers to the connection between persons, objects, or events.49 The doctrine of
territorial nexus is applied in cases involving the extraterritorial operation of laws between
states.50 For actions that occur outside the territory of a state, there must be a sufficient nexus or
connection between the subject matter and the state in question. Within its territorial jurisdiction,
the state legislature has the authority to enact laws. However, the doctrine of territorial nexus
serves as an exception, allowing the state legislature to extend its jurisdiction to matters beyond
its territorial boundaries.51
By applying the doctrine of territorial nexus, a state legislature can exercise its legislative power
in cases involving extraterritorial jurisdiction. This means that the state can make laws that have
an impact or apply to actions, persons, objects, or events that occur outside its territorial
jurisdiction. According to Article 245(1)52 of the Indian constitution, the state legislature has the
authority to make laws within its jurisdiction. But if law made by state legislature goes Extra –
Territorial boundaries then, when there is a sufficient nexus between the object and the state, the
Territorial Nexus Doctrine applies.53 In the case of A.H. Wadiav v. Income Tax Commissioner54,
Bombay, the apex court made a ruling regarding the validity of an Extra-Territorial enactment by
a sovereign legislature. The court held that such a matter cannot be challenged in municipal
courts. The reason behind this is that issues related to international law or foreign courts may
arise, which are outside the purview of domestic tribunals. Domestic tribunals are not concerned
with the policies and complexities associated with international law and foreign jurisdictions.
Therefore, the court concluded that municipal courts do not have jurisdiction to question the
validity of Extra-Territorial enactments by the sovereign legislature.In the case of Tata Iron &
Steel Co. Ltd. v. State of Bihar55, the issue at hand was whether the sale of goods, produced,
found, and manufactured within the state, would be considered concluded if the sale occurred
within or outside the state. The court deliberated on the existence of a nexus between the
legislation and the objective of the case. It was determined that the establishment of a territorial
48
Ibid.
49
Doctrine of Territorial Nexus, India, available at: http://www.bsklegal.org/blogs/territorial-nexus/ ( last
visited on 27 May 2023)
50
Ibid.
51
Supra Note 2. At 334
52
The Constitution Of India.
53
Ibid.
54
(1949) 51 BomLR 287
55
AIR 158 SC 482
nexus depended on the specific circumstances and facts presented. In this particular case, a
legitimate territorial nexus was established, leading the court to uphold the validity of the Sales
Tax Act.
 CONCLUSION

The constitution, being the supreme and fundamental law of our country, is written in the form of
a statute and thus subject to the general principles of statutory interpretation. It is noteworthy that
the constitution itself acknowledges these principles through Article 367(1), which states that the
General Clauses Act, 1897 shall apply for the interpretation of the constitution unless the context
requires otherwise.
While the letters of the constitution are relatively fixed and not easily amended, the laws enacted
by the legislature are dynamic and reflect the changing needs and aspirations of the people.
Therefore, it is crucial to ensure that these new laws align with the basic structure of the
constitution. In order to achieve this, the constitution must be interpreted in a broad and liberal
manner, taking into account all its provisions, and presuming that the framers did not intend any
conflicts or inconsistencies. Consistent with this approach, the provisions pertaining to
fundamental rights are interpreted expansively and favorably towards individuals. Similarly, the
legislative entries mentioned in the Union, State, and Concurrent lists are construed liberally and
broadly to facilitate effective governance and legislative competence.
 BIBLIOGRAPHY

PRIMARY SOURCES

LEGISLATION

1. THE CONSTITUTION OF INDIA

2. Prevention of Detention Act,1950

JOURNALS

1. Sushila Rao, “The Doctrine of Eclipse in Constitutional Law: A Critical Reappraisal of its Contempor
Aisal of its Contemporary Scope and Relevance” 18 National Law School of India Review 13 (2006).
2. Ishani Acharya and Rahul Das, “The Doctrine of Harmonious Construction in the Interpretation and
Construction of Statutes” 4 International Journal of Law and Legal Jurisprudence 6 (2018)

SECONDARY SOURCES

BOOKS REFERED

1. M P.Jain, Indian Constitutional law, eighth edition, 2016.

2. VN Shukla, “Constitutional Law”, 6th Ed., Wadhwa Nagpur:Lexis Nexis Butterworths,2010
3. JN Pandey, The constitutional law of India,51st edition, 2021.
4. Avtar Singh and Harpreet Kaur, Introduction to Interpretation of Statues 64 (Lexis Nexis,
Gurgaon, India, 2021
5. Ns Batra, Interpretation of Statutes 98 (Lexis Nexis, Gurgaon, India, 2021).

LIST OF CASES

1. State of Bombay v F.N. Balsara,AIR 1951 SC 318

2. Union of India v. H. S. Dhillon,AIR 1972 SC 1061
3. Profulla Kumar Mukerjee v. Bank of Khulna,(1947) 49 BOMLR 568
4. Ishwari Khetal Sugar Mills v. State of U. P,AIR 1980 SC 1955
5. M. Karunanidhi v. Union of India,1956 SCR 393
6. Deep Chand v. State of U. P,1959 AIR 648
7. Zaver Bhai v. State of Bombay,1966 AIR (SC) 2384
8. Bhikhaji v. State of M.P, AIR 1955 S.C. 781
9. Keshavan Madhava Menon v. The State of Bombay, [1961] S.C.R. 288
10. AK Gopalan v. State of Madras, AIR 1950 SC 27
11. HR Banthia v. Union of India, AIR 1970 SC 1453
12. State of Bombay v. RMDC, AIR 1957 SC 699
13. Tata Iron & Steel Company vs. Bihar State, AIR 1958 SC 482
14. Navinchandra Mafatlal v. The Commissioner of Income Tax, Bombay City, AIR1955 SC 58

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5. Concept of repugnancy, India, available at: https://www.livelaw.in/know-the-law/concept-of-
repugnancy-under-article-254-173619
6. Prashant Saurabh, The doctrine of implied powers, India, available at:
https://ilsijlm.indianlegalsolution.com/the-doctrine-of-implied-power-prashant-saurabh/
7. Doctrine of Territorial Nexus, India, available at: http://www.bsklegal.org/blogs/territorial-nexus/