In A.K. Gopalan v. State of Madras (1950), the Supreme Court considered the use of the Constituent…
Statements 1 and 2 accurately state the views of Kania CJ and Patanjali Sastri J, so "only Statements 1 and 2 are correct". Statement 3 is wrong: Kania CJ said it is not…
Choose your answer
In A.K. Gopalan v. State of Madras (1950), the Supreme Court considered the use of the Constituent Assembly debates. Consider:
Statement 1: Kania CJ said that a reference to the debates may be permitted when the question is whether a phrase or expression was up for consideration at all.
Statement 2: Patanjali Sastri J said that a speech made in the course of the debate on a Bill could at best indicate the subjective intent of the speaker.
Statement 3: The Court held that the speeches of individual members bind the court in interpreting the Constitution.
Which of the statements are correct?
Answer and explanation
Correct answer C
Statements 1 and 2 accurately state the views of Kania CJ and Patanjali Sastri J, so "only Statements 1 and 2 are correct". Statement 3 is wrong: Kania CJ said it is not proper to use the individual opinions of members to construe a clause, and Patanjali Sastri J attached no importance to the speeches.
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