Interpretation of Marginal note - Indian Laws - General

Marginal note Justice GP Singh, Principles of Statutory Interpretation, 15th Ed. (2021), 188-189; Bengal Immunity Company Limited v. State of Bihar - 1955 (9) TMI 37 - SUPREME COURT . In Kesavananda Bharati v. State of Kerala - 1973 (4) TMI 114 - SUPREME COURT, Hegde, J (speaking for himself and A K Mukherjea, J) observed as follows: 620 . [ ] To restate the position, Article 368 deals with the amendment of the Constitution. The Article contains both the power and the procedure for amending the Constitution. No undue importance should be attached to the marginal note which says Procedure for amendment of the Constitution . Marginal note plays a very little part in the construction of a statutory provision. It should have much less importance in construing a constitutional provision . The language of Article 368 to our mind is plain and unambiguous. Hence we need not call into aid any of the rules of construction about which there was great deal of debate at the hearing. As the power to amend under the Article as it originally stood was only implied, the marginal note rightly referred to the procedure of amendment. The reference to the procedure in the marginal note does not negative the existence of the power implied in the Article. SITA SOREN VERSUS UNION OF INDIA - 2024 (6) TMI 437 - SUPREME COURT (LB)