Sunday 18 May 2014

Rules for interpretation of constitution by Justice Vivian Bose


Justice Vivian Bose while dealing with the

incipient constitution in the case of State of West 

Bengal v. Anwar Ali Sarkar AIR 1952 SC 75  made an observation 

which is very pertinent to be quoted herein, which 

reads thus: 

“90. I find it impossible to read these 

portions of the Constitution without regard 

to the background out of which they arose. I 

cannot blot out their history and omit from 

consideration the brooding spirit of the 

times. They are not just dull, lifeless words 

static and hide-bound as in some mummi-fied 

manuscript, but, living flames intended to 

give life to a great nation and order its 

being, tongues of dynamic fire, potent to 

mould the future as well as guide the 

present. The Constitution must, in my 

judgment, be left elastic enough to meet from 

time to time the altering conditions of a 

changing world with its shifting emphasis and 

differing needs. I feel therefore that in 

each case judges must look straight into the 

heart of things and regard the facts of each 

case concretely much as a jury would do; and 

yet, not quite as a jury, for we are 

considering here a matter of law and not just 





one of fact: Do these “laws” which have been 

called in question offend a still greater law 

before which even they must bow? ” 

 (emphasis laid by this Court)

IN THE SUPREME COURT OF INDIA 

CRIMINAL APPELLATE JURISDICTION 



CRIMINAL APPEAL NOS. 2295-2296 OF 2010 

Adambhai Sulemanbhai Ajmeri & Ors. …Appellants 



Versus 

State of Gujarat ...Respondent

WITH 

CRIMINAL APPEAL NO. 45 OF 2011
Dated 16 May 2014

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