Stretching of meaning

2022 CLD 352 KARACHI-HIGH-COURT-SINDH Judicial Precedent

"Pith and substance", principle ofApplicabilityStretching of meaningLimit

Constitution is a living and organic document prone to evolve and adapt to new circumstances even if it is not formally amended

Courts are required to adopt a broad based, dynamic, and progressive approach

Words either in the entries or in any provision of the Constitution are to be given a dynamic interpretation in keeping pace with development of society and exigencies of time

Entries do not confer any legislative power but only point out to the broad fields/legislative heads in which legislative powers can be exercised

Words have to be given ordinary, grammatical and natural meaning and cannot be construed in a narrow or pedantic manner

Limit to which a word can be stretched for a meaning is determined by the principle of 'pith and substance'

Pith detonates 'essence of something' or the 'true nature', while substance means 'most significant or essential part of something'

As such the doctrine is applied to ascertain purpose of a given law, its essential character and whether subject matter legislated on is related to Federation or not

By applying the doctrine, basic purpose and effect of the law are discovered and so also so the fact as to which level of government has jurisdiction or authority to frame the law

It can also be found out whether legislation, under challenge, made by one of the Legislatures, is rightly enacted or it has trespassed or encroached upon domain of other Legislature

By applying the doctrine, it can be determined whether or not Parliament has the authority to deal with a given subject.

2016 PTD 622 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Stretching of meaningPrinciples

Interpretation should be such that if stretched to its maximum elasticity it should not cross limits of rationality.