The first step in interpreting the constitution is applying the general rules.
1. If the words are clear and unambiguous, they must be given the full effect. – This is the literal rule that we use with all statutes.
2. The constitution must be read as a whole – this is common sense. Because reading only the part that you want and not reading the part that you don’t want is essentially misinterpretation – and this is the rule applicable to all statutes – that they should be read as a whole and then interpreted.
For example, the constitution guarantees some fundamental rights; and also places some restrictions on the rights – so, proper interpretation requires reading both aspects.
3. Principles of harmonious construction must be applied – this is the same harmonious construction that is applicable to all statutes.
4. The Constitution must be interpreted in a broad and literal sense. – since the constitution is the supreme law of the country, which supersedes all other laws, it has to be interpreted in a broad and literal sense.
For example, when the constitution talks about the freedom of speech – it should be interpreted as written, spoken, printed and also electronic versions of speech – i.e. the broadest possible meaning of speech.
5. The Court has to infer the spirit of the Constitution from the language. – The courts will use the preamble, the fundamental rights, constitutional rights, the directive principles and other articles to understand the real spirit and intent behind the articles and interpret them accordingly.
6. Internal and External aids may be used while interpreting. – Internally the court will use the Preamble, the actual language and grammatical meanings, Various articles and the Schedules and Amendments and also use the rule of harmonious construction to interpret them.
Externally, the court will consider the Historical Background, such as the Constituent Assembly debates, to understand the intent of the framers.
Commentaries and Writings by constitutional experts and various Customs and Conventions.
The court will also consider previous case decisions or Judicial Precedents - and here the Doctrine of Stare Decisis will be used, where the previous decisions and previous interpretations will be upheld, unless there is a strong reason to deviate from them.
The Constitution prevails over other statutes – which means that the constitution is the supreme law of the country and all other statutes and laws must adhere to the framework and the limits set by the constitution.
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