Semester: V Course: LD and IoS Faculty: Dr. F. S.

Sakkarnaikar

Gujarat National Law

University
Gandhinagar, Gujarat (India)
Course Outline

of

Legislative Drafting and Interpretation of Statutes

For

BA/BCom/BSc/BBA/BSW, LLB

Semester: V

Session: July-December 2021

Faculty:
Dr. Fakkiresh S. Sakkarnaikar
Assistant Professor of Law
Gujarat National Law University
Email: fsakkarnaikar@gnlu.ac.in

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Semester: V Course: LD and IoS Faculty: Dr. F. S.
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l. No. Contents Page No.

1.0 Objectives of the course 02

2.0 Proposed teaching schedule 04

3.0 Detailed course-outline 05

4.0 Prescribed/Recommended readings 13

5.0 Teaching methodology 14

6.0 Evaluation pattern 14

Tentative dates for test/submission of project/GD,

7.0 14
etc

8.0 Important instructions to students 15

9.0 Contact hours 15

1.0 Objectives of the Course

The courts have to administer justice according to law. The chief source of law is
legislation. The other sources are precedents and customs. Every source of law finds
its expression in a language. A language is the property of the people and not that of
law, though some words may acquire special legal meaning and may become a part
of the legal terminology. But by far a great bulk of the words used in a legal draft
belongs to the ordinary language. What meaning is to be given to a word used in a
legislation, custom or precedent or in a private deed or will? Even the dictionary does
not give the clear-cut meaning of a word. It gives many alternative meanings
applicable in different contexts and for different purposes so that no clear field for the
application of a word becomes identified. So long as expansion of meaning takes
place uniformly, the law will develop along healthy lines.

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Semester: V Course: LD and IoS Faculty: Dr. F. S.
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But if one judge takes the narrow view and the other the broad view, the law will
mean different things for different persons and soon there will be race for window
shopping for justice. Hence, it is necessary that there should be some rules of
interpretation to ensure just and uniform decisions. Such rules are called the rules of
interpretation. They are the subject-matter of this brief work of introductory nature.
The rules of interpretation are drawn from the general scope and intention of the
instrument or legislation, from the nature of the transaction or the circumstances,
from the legal rights of the parties’ independent of the instrument or law in question,
and from many other relevant particulars.

Interpretation is the process which is adopted for determination of the meaning of a

writing, to determine from its known elements its true meaning or the intent of the
framers of the documents. It is the art of finding out the true sense of any form of
words, the sense which their author intended to convey. This art enables others to
derive from the words the same idea which the author intended to convey and thereby
to find out or collect the intention of a writer. The process involved is such that one
source speaks something and another source picks it up, discovers its meaning and
applies it to do justice between others. It is not a science but an art to find out the
meaning of words in the context of a given situation.

Salmond says that “judicial decisions have the force of law is legally ultimate and un-
derived. These ultimate principles are the grund norms or basic rules of recognition of
the legal system.”

Interpretation is as old as language. Elaborate rules of interpretation were evolved

even at a very early stage of the Hindu civilization and culture. The importance of
avoiding literal interpretation was also stressed in various ancient text books –
“Merely following the texts of the law, decisions are not to be rendered, for, if such
decisions are wanting in equity, a gross failure of Dharma is caused.”

Interpretation thus is a familiar process of considerable significance. In relation to

statute law, interpretation is of importance because of the inherent nature of
legislation as a source of law. The process of statute making and the process of
interpretation of statutes are two distinct activities.

In the process of interpretation, several aids are used. They may be statutory or
nonstatutory. Statutory aids may be illustrated by the General Clauses Act, 1897 and
by specific definitions contained in individuals Acts whereas non-statutory aids is
illustrated by common law rules of interpretation (including certain presumptions
relating to interpretation) and also by case-laws relating to the interpretation of
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statutes.

Lord Denning in Seaford Court Estates Ltd. v. Asher, “English Knowledge is not an
instrument of mathematical precision… It would certainly save the judges from the
trouble if the acts of parliament were drafted with divine precision and perfect clarity.
In the absence of it, when a defect appears, a judge cannot simply fold hand and
blame the draftsman…”

2.0 Proposed Teaching Schedule

No. of Sessions
Module No. Modules
(Classes)
V. 5. 11 Introduction 05
V. 5. 2 Principles of Interpretation 06
V. 5. 3 Internal Parts/aids to Interpretation and 06
Construction
V. 5. 4 External Parts/aids to Interpretation and 06
Construction
V. 5. 5 Subsidiary Rules 04
V. 5. 6 Operation of Statutes 03
V. 5. 7 Statutes affecting the Crown or the State 02
V. 5. 8 Fiscal and Taxing Statutes 02
V. 5. 9 Interpretation of Judgments 02
V. 5. 10 Interpretation of Constitution 02
V. 5. 11 Interpretation of Documents, Deeds and Wills 02
V. 5. 12 Penal and Remedial Statutes 02
V. 5. 13 Legislative Drafting 04

Total = 46

3.0 Detailed Course Outline

1
‘V’ stands for semester, ‘5’ stands for the order in which the course/paper appears in that semester, and ‘1’ stands for
the number of module
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Semester: V Course: LD and IoS Faculty: Dr. F. S.
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Module- V. 5. 1 INTRODUCTION Session: 05

 What is a Statute?
 The duties of a Judge and a Legislature
 Judicial activism and Judicial restraint
 Optima est lex minimum relinquit arbitrio judicis, optimus judex qui
minimum sibi
 Salus populi supreme lex (Roman Twelve Tables)
 Difference between Making law and Creating law
 Difference between Interpretation and Construction
 Jaimini’s Mimamsa Rules of Interpretation

Cases
 State of U.P. v. Jeet S. Bhist (2007) 6 SCC 586
 U.P. Bhoodan yagna Samiti v. Brij Kishore (1988)4 SCC 274
 Bhatia International v. Bulk Trading S.A (2002) 4 SCC 105
 Ratanchand Hirachand v. Askar Nawaz Jung – (dead) by L.Rs
(1991) 3 SCC 67
 Beni Prasad v. Hardai Bibi (1892) ILR 14 All 67 (FB).

Module- V. 5. 2 Principles of Interpretation Sessions: 06

 Intention of the Legislature

 Statute must be read as a whole in its context
 Statute to be construed to make it effective and workable
 Plain meaning, effect shall be given to the same irrespective of
Consequences
 Principle of plain meaning.
 Language of the statute should be read as it is
 Addition or substitution of words to be avoided
 Casus omissus
 Rejection of words to be avoided
 Exceptions to the above rules
 The rule of Literal Construction
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 Mischief rule-Heydon’s case
 Regard to subject and object
 Regard to consequences
 Harmonious construction

Cases

 Surendran v. Sub Inspector of Police 2021 SCC Online SC 445

 Govind Swaroop Chaturvedi v. State of NCT of Delhi 2021 SCC
Online Delhi 3676
 Union of India v. G. S. Chath Rice Mills (2021) 2 SCC 209
 R.S. Nayak v. A.R. Antulay AIR 1984 SC 684
 Grasim Industries Ltd. v. Collector of Cusoms Bombay (2002)4
SCC 297
 Tata Engg. and Locomotive Co. Ltd. v. State of Bihar (2000) 5
SCC 346)

Literal Rule:
 Ramavatar Buddaiprasad etc v. Asstt. S.T.Officer, Akola AIR 1961
SC 1325
 M.V. Joshi v. M.U. Shimpi AIR 1961 SC 1494
 The Queen v. Charles Arthur Hill Heaten Ellis (1844) 6Q.B. 499
 Ranjit Udeshi v. State of Maharasthra AIR 1965 SC 881
 Municipal Board v. State Transport Authority,Rajasthan AIR 1965
SC 458
 Ramji v. State of Bihar AIR 1963 SC 1088
 M/S Motipur Zamindary Co. Pvt. Ltd v. State of Bihar AIR 1962 SC
860
 Maqbool Hussain v. State of Bombay AIR 1953 SC 325
 S.A. Venkataraman v. U.O.I. AIR 1954 SC 375
 Shriram v. State of Maharasthra AIR 1961 SC 674

Golden Rule
 Karnail Singh v. Moinder Kaur AIR 2003 P & H 135
 State of U.P. v. Synthetics & Chemical Limited AIR 1980 SC 614
 Lee v. Knapp (1967) 2 Q.B. 442

Mischief Rule:-

 Bengal Immunity Company v. State of Bihar AIR 1955 SC 661

 Smith v. Hughes (1960) I WLR 830
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 Kanwar Singh v. Delhi AIR 1965 SC 871
 Ranjit Udeshi v. State of Maharasthra AIR 1965 SC 881
 R.M.D. Chamarbangwalla v. U.O.I. AIR 1957 SC 628
 Commissioner of Income Tax v. Smt. Sara Devi AIR 1957 SC 832
 Alamgir v. State of Bihar AIR 1959 SC 436
 Pyarelal v. Mahandeo Ramachandra AIR 1974 SC 228
 Kannailal v. Parammidhi AIR 1957 SC 907
 Glaxo Laboratories v. Presiding Officer AIR 1984 SC 505

Module- V. 5. 3 Internal Parts of Interpretation and Construction Sessions:

06

 Long Title
 Preamble and preamble of the Constitution
 Headings
 Marginal notes
 Punctuations
 Illustrations
 Definition sections
 Proviso
 Explanation
 Schedules
 Transitional provision
 Surplusage

Cases
 Siljit Guha v. Sikkim University 2021 SCC Online Sikkim 80
 R.v. Secretary of State for Foreign and Commonwealth Affairs
(1994) 1 All ER 457
 In re,Kerala Education Bill,1957 AIR 1958 SC 956
 Bishwamber Singh v. State of Orissa AIR 1954 SC 139
 Sardar Inder Singh v. State of Rajasthan AIR 1957 SC 510
 Kesavananda v. State of Kerala AIR 1973 SC 1461
 Karnataka Power Transmission Corp v. Ashok Iron Works
Ltd. (2009) 3 SCC 240
 Emperor v. Sadashiv AIR 1947 PC 82
 Mohammad Shabir v. State of Maharashtra AIR 1979 SC 564

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Module- V. 5. 4 External Parts of Interpretation and Construction Sessions:
06

 Parliamentary History
 Historical facts and surrounding circumstances
 Later social, political and economic developments and scientific
Inventions
 Reference to other statutes
 Effect of usage and practice
 Dictionaries
 Use of foreign decisions etc.
 International Conventions
 Websites

Cases
 Shaikh Ahmed v. State of Telengana 2021 SCC Online SC 436
 B. Prabhakar Rao and Others v. State of A.P. and others AIR
1986 SC 120
 District Mining Officer and Others v. Tata Iron Steel Co. (2001)7
SCC 358
 K.P.Varghese v. Income Tax Officer Eranakulam AIR 1981 SC
1922
 Pepper v. Hart (1993) 1 ALLER 42 HL
 State of Travancore Cochin and Others v. Bombay Co.Ltd AIR
1952 SC 366
 Aswini Kumar Ghose and another v. Arbinda Bose AIR 1952 SC
369
 State of Mysore v. R.V. Bidop AIR 1973 SC 2555
 Fagu Shaw etc. v. The State of W.B. AIR 1974 SC 613
 S.R.Chaudhuri v. State of Punjab and Others (2001)7 SCC 126
 K.S.Paripornan v. State of Kerala and Others AIR 1995 SC 1012
 R.Y.Prabhoo (Dr.) v. P.K.Kunte (1995) 7 SCALE 1
 P.V. Narasimha Rao v. State AIR 1998 SC 2120
 Sushil Rani v. CIT and another (2002)2 SCC 697
 Devadoss (dead) by L.Rs v. Veer Makali Amman Koil Anthalur
AIR 1998 SC 750
 National Grindlays Bank v. Municipal Corporation Greater
Bombay AIR 1969 SC 1048
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 Supreme Court Advocates on Record Association v. Union of
India AIR 1994 SC 268
 Forasol v. ONGC, AIR 1984 SC 241
 General Electric Co. v. Renusagar Power Co., (1987) 4 SCC 137
 Mohanlal Tripathi v.Distt. Magistrate Rail Bareilly and others,
(1992) 4 SCC 80
 Dental Council of India v. Hariprakash, (2001) 8 SCC 61
 S.P. Gupta v. Union of India, AIR 1982 SC 149
 S.P. Jain v. Krishan Mohan Gupta and others AIR 1987 SC 222
 J.K. Cotton Spinning & Wvg Mills Ltd. v. Union of India, AIR
1988 SC 191
 P.N. Krishanlal v. Govt. of Kerala (1995) 2 SCC 187
 Visakha v. State of Rajasthan AIR 1997 SC 3011

Module- V. 5. 5 Subsidiary Rules Sessions: 04

 Rule of last antecedent

 Non-obstante clause
 Mandatory and directory provisions
 Conjective and disjunctive words
 Construction of legal words
 Noscitur a sociis
 Ejusdem generis
 Reddendo singula singulis
 Ut res magis valeat quam pereat
 Contemporanea expositio est optima et fortissima lege
 Dissimilum dissimilisest ratio
 Ubi lex non distinguit nec nos distnguere debemos

Cases
 Bhogilai Chunnilal Pandya v. State of Bombay AIR 1959 SC
356
 Chairman IVP v. Pure Industrial Cocke and Chemicals Ltd
(2007) 8 SCC 705
 In re Article 143 of the Constitution of India AIR 1965 SC 745
 Links Advertisers and business promoters v. Commr., corp of
the city of Banglore AIR 1977 SC 1646
 Bank of India v. Ketan Parekh AIR 2008 SC 2361

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Sakkarnaikar
Module- V. 5. 6 Operation of Statutes Sessions: 03

 Retrospective operation
o Statutes regulating contracts and transfers
o Statutes regulating succession
o Statutes of limitation
o Statutes regulating appeals
o Statutes affecting finality of orders
 Relevant considerations relating to operation
o Presumption that legislation is territorial
o Operation as to foreigners
o Regard to International agreements/conventions/treaties
o Acts passed to give effect to international treaties and
conventions
o Operation as to crimes
o International crimes
o Legislation under the Government of India Act,1935

Cases
 G. Mohan Rao v. State of Tamilnadu 2021 SCC Online SC 440
 Kumar Mehta v. State of Jharkhand 2021 SCC Online Jhar 429
 J. Mitra and Co Pvt Ltd. v. Assistant Controller of Patents and
Designs AIR 2009 SC 405
 Virendra Singh Hooda v. State of Haryana AIR 2005 SC 137
 Mohm. Akram Ansari v. Chief Election Officer (2008) 2 SCC
95
 Kuwait Minister of Public v. Sir Frederick Snow and Partner
(1984) 1 All ER 733
 Cherotte Sugathan v. Cherotte Bharati AIR 2008 SC 1467
 New India Insurance Co.Ltd v. Shanti Mishra AIR 1976 SC
237

Module- V. 5. 7 Statutes affecting the State or Crown Sessions: 02

 The Rule of Common Law

 Extent of the Rule
 The Rule in India

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Cases
 Director of R and D v. Corporation of Calcutta AIR 1960 SC
1355
 Bombay Province v. Bombay Municipal Corp. 1947 PC 34
 State of U.P. v. Radhey Shyam Rai (2009) 5 SCC 577

Module- V. 5. 8 Taxing Statutes Sessions: 02

 Strict construction of taxing statutes

 General principles of strict construction
 Evasion of statutes
 American view

Cases

 Jindal Stainless Ltd. v. State of Haryana (2006) 7 SCC 241

 Jaiprakash Associates Ltd. v. State of M.P. (2009) 7 SCC 339
 Karnataka Bank Ltd. v. State of A.P. (2008) 2 SCC 254

Module- V. 5. 9 Interpretation of Judgments Sessions: 02

 Judgment-Meaning and Scope

 Tests of a Judgment
 Judgments not to be interpreted as statutes
 Intention of a judge not expressed in the operative part irrelevant
 Expressions ‘Judicial’ and ‘Judicial Power’
 Obiter dicta and Ratio decidendi
 Maxim: Actus curie neminem gravabit
 Judgments per incuriam
 Principles of res judicata

 Quinn v. Leathem (1901) AC 495 (HL)

 Thomas Francis Allen v. William Cridge Flood (1898) AC 1
 Bharat Forge Co. Ltd. v. Uttam M Nakate (2005) 2 SCC 489
 Infoseek Solutions v. Kerala Law Times AIR 2007 ker 1

Module- V. 5. 10 Interpretation of Constitution Sessions: 02

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 Constitution and Statutes- Distinction
 Interpreter of the Constitution
 Theories of interpretation of Constitution
 Principles of Constitutional interpretation
 Constitutional conventions and provisions
 Fraud on the Constitution
 Morality and Constitutionality of statutes
 Divergence between Hindi and English versions of the Act

Module- V. 5. 11 Interpretation of Documents, Deeds and Wills Sessions: 02

 Rules of construction of documents

 Conflict between two clauses
 Construction of documents-Printed and partly written/typed
 Acts done under a Deed can be used to interpret the Deed
 Construction of Deed referring to Map
 Duty of courts in constructing election posters
 Principles of interpretation of contract
 Construction of power of attorney
 Interpretation of Wills- Hindu Succession Act, 1956
 Proof of Wills
 Suspicious circumstances surrounding execution of Wills
 Family settlement, real consent and informed consent

Module- V. 5. 12 Remedial and penal statutes Sessions: 02

 Remedial and penal statutes-Distinction

 Liberal construction of remedial statutes
 Strict construction of penal statutes
 Vicarious responsibility in statutory offences

Cases
 R v. Charges Ltd (2009) 2 All ER 645 (HL)
 ESI Corp. v. HMT Ltd (2008) 3 SCC 35
 Kailash Chand v. Dharam Dass (2005) 5 SCC 375
 Ajit Singh v. Jit Ram AIR 2009 SC 199

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Sakkarnaikar
Module- V. 5. 13 Legislative Drafting Sessions: 04

 Influence of Bentham and History of Legislative Drafting

 The Role of the Legislative Draftsman
 The Indian Draftsman
 The Relationship Between Legislative Drafting and Statutory
Interpretation
 Courts Criticisms of Ill Drafted Legislation and Legislative Draftsman
 Reasons for Complexity of Legislation
 Legal Drafting Styles: Fuzzy or Fussy
 The EU Directive on the Quality of Drafting
 Plain Language Drafting

4.0 Prescribed/Recommended Readings

Prescribed Readings

1. Singh G P, Principles of Statutory Interpretation (14th edition Wadhwa

and Nagpur 2016)

2. Bakshi P M, Interpretation of Statutes (2nd edition Thomson Reuters

2016)

3. Langan P St J, Maxwell on The Interpretation of Statues (12th edition

LexisNexis Butterworths 2006)

4. Bennion Francis, Bennion on Statutory Interpretation (4th edition Lexis

Nexis 2005)

5. Edgar S G G, Craies on Statute Law (6th edition Sweet and Maxwell

1963)

6. Bindra N S, Interpretation of Statutes (10th edition LexisNexis

Butterworths 2007)

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Sakkarnaikar
7. Sarathi Veepa P, Interpretation of Statutes ( 3rd edition Eastern Book
Company 2010)

8. Katju Markandey, Mimansa Rules of Interpretation (4th edition

Thomson Reuters 2013)

9. Viswanathan T. K, Legislative Drafting-Shaping the Law for the New

Millennium, (The Indian Law Institute New Delhi, 2007)

Recommended Readings

1. Mukhopadhyay Sukumar, Interpretation of Fiscal Statutes in India

(Centex Publications 1999)

2. Lewison Kim, The Interpretation of Contracts (4th edition Sweet &

Maxwell 2004)

3. Eskridge William N, Legislation and Statutory Interpretation (2nd

edition
Foundation Press 2006)

4. Barak Aharon, Purposive Interpretation in Law (Universal Law

Publication 2007)

5. Scalia Antonin, (ed.), A Matter of Interpretation (Princeton University

Press 1998)

6. Dworkin Ronald, Laws Empire (Harvard University Press 1986)

5.0 Teaching Methodology

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Semester: V Course: LD and IoS Faculty: Dr. F. S.
Sakkarnaikar
 

The methodology for study and research of this subject would be covering,
online virtual classes, class room lectures, seminars, group discussions,
teacher and student interaction and open discussion.

6.0 Evaluation Pattern

Evaluation: Marks

Continuous Evaluation……………………………… 50

End-Semester Examination………………………… 50
--------------------------------------------------------
Total 100

7.0 Tentative Dates for Continuous Evaluation and Mid Semester Tests
Submission of Project/ GD, etc

Continuous evaluation shall include Group Discussion/Project of 50 marks

(Subject to change on exigencies).

The Dates of Group Discussion/Project shall be discussed with students and

will be notified soon.

8.0 Important Instructions to Students

The Course Outline given here is tentative. The concerned faculty-member

may modify it while engaging the academic sessions. The teaching course on
this subject and methodology will not be necessarily bound by parameters
shown here. Both faculty-members and students may mould the Course
Outline according to the needs suitable for better and progressive

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understanding of the subject.

9.0 Contact Hours

Days: Monday and Wednesday

Timings: from 3.45 pm to 4.45 pm.

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