What is meaning Interpretation of Statute? Principles/Rules?

2marks

Interpretation meaning: The term has been derived from the Latin term ‘interpretari’, which
means to explain, expound, understand, or to translate. Interpretation is the process of
explaining, expounding and translating any text or anything in written form. This basically
involves an act of discovering the true meaning of the language which has been used in the
statute.

Maxwell defines Statute as the will of legislature. The Hon’ble SC defines it as an edict of the
legislature. [Vishnu Pratap Sugar Works Vs Chief Inspector of Stamp U.P. AIR 1968 SC
102]

Interpretation of statutes is the correct understanding of the law. It is the process which is
employed by the judiciary to ascertain or to determine the exact intention of the legislature,
Because the objective of the court is not only merely to read the law but is also to apply it in
a meaningful manner to suit from case to case.

A process of interpretation employed by the judiciary can be done through various tools or
principles of statutory interpretation which include seeking help from internal or external aids
to interpretation and applying primary or secondary rule of interpretation which has evolved
over a period of time by the court.

Need/Importance of Interpretation of statutes: The interpretation of statutes is crucial in legal

systems for several reasons:

1. Clarification of Legislative Intent: Interpretation helps clarify what lawmakers intended

to achieve with the statute. Courts and legal professionals interpret statutes to resolve
ambiguities and apply the law in a way that aligns with legislative intent.

2. Application to Specific Cases: Interpretation ensures that statutes are applied consistently
across different cases, providing predictability and stability in the legal system.

3. Development of Legal Principles: Judicial interpretation of statutes can establish legal

precedents, guiding future decisions and ensuring a coherent body of law. It allows the law to
evolve in response to changing societal norms and values by reinterpreting statutes in light of
contemporary issues.

4. Balancing Interests: Interpretation can ensure that statutes protect individual rights and
freedoms, especially in cases where the literal application might lead to unjust outcomes.
Courts may interpret statutes in ways that align with broader public policy goals and social
justice.

5. Legal Certainty: Clear interpretation reduces disputes over the meaning of statutes,
providing clearer guidance to individuals, businesses, and government agencies. It
contributes to legal certainty, making it easier for people to understand and comply with the
law.

6. Harmonization with Other Laws: Interpretation helps ensure that new statutes are
harmonized with existing legal frameworks, avoiding conflicts and ensuring coherence in the

Page 1 of 128
legal system. It can address gaps or overlaps between statutes, creating a more integrated
legal approach.

In short, the legal system depends on the interpretation of legislation because it assures that
the law is applied consistently, predictably, and fairly. It clarifies the rights, obligations, and
responsibilities of people, businesses, and governmental institutions under the law and aids in
setting legal precedents and principles that direct subsequent cases. The words of the statute
are to be interpreted so as to ascertain the mind of legislature from natural and grammatical
meaning of the words which it has used.
Interpretation of Statute is done by the judiciary in order to avoid, - 1. Uncertainty, 2.
Friction, 3. Hardship, 4. Inconvenience, 5. Injustice, 6. Absurdity, 7. Anomaly, Inconsistency
and 9. Repugnancy
that might result in the absence of certainty, clarity, consistency and brevity with regarding to
a particular Statute or a statutory provision

Note on Basic Rules/Principles of Interpretation of Statutes? 12 Marks

Introduction: Interpretation of statutes refers to the process of understanding and giving

meaning to the provisions and provisions of a law or statute. When laws are enacted by
legislatures, they are often written in broad and general terms, which can lead to different
interpretations and understandings. The role of statutory interpretation is to clarify the
meaning and intention behind the statutory language.

Courts, judges and legal professionals are primarily responsible for interpreting statutes when
resolving disputes or applying the law in specific cases. Different rules of interpretation of
Statutes may be employed, including textualism, which focuses on the plain meaning of the
words in the statute, which emphasizes the legislative purpose and intent behind the law.

Need for Rules of Interpretation of Statutes - The interpretation of statutes is crucial for
the legal system because it ensures consistency, predictability and fairness in applying the
law. It helps establish legal precedents and principles that guide future cases and provides
clarity to individuals, businesses and government entities regarding their rights, obligations
and responsibilities under the law.

Principles of Interpretation of Statutes - The Courts play a vital role in interpreting statutes
and assigning meaning to them in a manner that makes them practical and usable. However,
the courts cannot exercise their interpretative function arbitrarily, as this would result in
numerous interpretations and hinder the administration of equal justice. To ensure
consistency, the Courts have developed certain principles and rules of interpretation of
statutes over time, which have been applied by the Courts on various occasions.

The rules of interpretation of statutes include the Literal Rule, the Mischief Rule, the
Golden Rule and the Rule of Harmonious Construction.

LITERAL OR GRAMMATICAL RULE OF INTERPRETATION : It is the first rule of

interpretation. The literal rule means that a judge has to consider what the statute says
‘literally’, i.e. its simple plain meaning without any ambiguity. It is said that the words
themselves best declare the intention of the law-givers. This rule is also known as the Plain
meaning rule. which means that the provisions should be read as they are without any
addition or substitution of words during interpretation. It is also called Grammatical Rule of

Page 2 of 128
Interpretation. The primary rule is to interpret words as they are. It should be taken into note
that the rule can be applied only when the meanings of the words are clear i.e., words should
be simple so that the language is plain and only one meaning can be derived out of the
statute. Thus, the literal meaning is what the law says instead of what the law means.

Example: If a statute provides a penalty for "stealing," the literal rule would apply the
penalty to acts that fit the ordinary meaning of "stealing."

The essence of the literal rule can be summarized as follows: “The focus should be on what
the law says rather than what the law means.”

However, even when giving such a literal interpretation, the overall purpose of the statute
must be taken into consideration. As quoted by Viscount Haldane, “If the language used has a
natural meaning, we cannot deviate from that meaning unless, when reading the statute as a
whole, the context directs us to do so.”

In the case of Tata Consultancy Services v. State of A.P. (2005) 1 SCC 308, it was held
that: “A literal construction should not be denied simply because complying with it may
result in a penalty. The courts should not be overly eager to find ambiguities or obscurities in
plain words.”

To understand the literal rule, the following conditions must be considered:

 The statute must have a section for interpreting terms, where special meanings of the
terms are provided (i.e., the definition sections).
 If the statute does not provide specific definitions, technical words should be given
their ordinary technical meanings.
 Words should not be inserted through implications.
 Over time, words may undergo shifts in meaning.
 It should be recognised that words derive significance from their context.

This rule somewhat restricts the interpretation process and makes it inflexible in its purest
form. Additionally, criticism of this rule stems from the assumption that words have fixed
meanings, which is erroneous, as a single word may have multiple meanings depending on
the different contexts in which it is used.

Merits - The following are the merits of this Rule of interpretation:

(a) It provides consistency in interpretation.

(b) It prevents extrinsic evidence from varying the express words.

(c) Many times, litigants and lawyers may not have access to secondary sources.

Demerits

(a) If the meaning of the words in the statute is clear, the court cannot discard the
meaning even if it leads to an injustice.

Page 3 of 128
 (b) At times, the literal rule may lead to an absurdity. The court of the may be
compelled to adhere to the literal meaning which was never the intention of the
legislature.

State of Kerala v. Mathai Verghese and others, 1987 AIR 33 SCR (1) 317, in this case, a
person was caught along with the counterfeit currency “dollars” and he was charged under
section 120B, 498A, 498C and 420 read with section 511 and 34 of Indian Penal Code for
possessing counterfeit currency. The accused contended before the court that a charge under
sections 498A and 498B of the Indian Penal Code can only be levied in the case of
counterfeiting of Indian currency notes and not in the case of counterfeiting of foreign
currency notes. The court held that the word currency notes or banknote cannot be prefixed.
The person was held liable to be charge-sheeted.

In the case of Motipur Zamindari Company Private Limited v. State of Bihar AIR 1962 SC
660, the issue before the Court was whether sugarcane can fall under the term “green
vegetables”, reason being, if it would`ve fallen within the term “green vegetables” the same
would then be exempted from the Bihar Sales Tax Act, 1947. The Court had taken the Literal
rule of interpretation and observed that the word “vegetable” was to be understood as
common parlance that is denoting a class of vegetables that were grown in a kitchen garden
or on a farm and were used for the table. The dictionary defines sugar cane as grass; hence it
was not exempted under the Act. A similar issue was also raised in the case of State of West
Bengal & others v. Washi Ahmed, AIR 1977 SC 1638, the question before the court was
whether Ginger comes under the ambit of green vegetable. The Sales tax authorities levied
sales tax on “green ginger” which were sold by the respondents, taking the view that green
ginger is used to add flavour and taste to food. It was hence, concluded that green ginger is
included within the meaning of the term “vegetable” or “tarkari”( vegetable in Bengali).

RULE OF REASONABLE CONSTRUCTION OR GOLDEN RULE: The golden rule of

interpretation is a modification of the literal rule of interpretation. Where the literal rule lays
emphasis on the literal meaning of the words used in legal language, the golden rule
interprets the words in such a way that the absurdities and anomalies of literal interpretation
are avoided. The golden rule, also known as the “British Rule,” provides flexibility in the
interpretation process by allowing deviation from the literal meaning of words to avoid
absurd outcomes. In other words, this rule permits a judge to depart from the ordinary
meaning of a word when interpreting it would lead to an unreasonable result.

Principle: This rule modifies the literal rule to avoid absurd or unreasonable results. It
allows for the modification of the literal meaning to ensure that the statute's purpose is
achieved without leading to an absurd outcome.

Example: If a statute provides a penalty for "killing an animal" and the literal interpretation
would include actions such as accidental harm, the golden rule may be used to avoid
unreasonable results.

The golden rule modifies the language as well as the grammar of the words used in statutes
and other documents of interpretation, thus providing the actual meaning of the words. It
brings forth the context in which the words have been used in a particular stance. The golden
rule serves as a compromise between the literal rule and the mischief rule. It generally gives
words their plain and ordinary meaning but allows for deviations when adhering strictly to
the literal meaning would lead to an irrational outcome contrary to legislative intent.

Page 4 of 128
It must be kept in mind that the golden rule of interpretation can only be used when there is
no correct grammatical construction possible. The legal language is sometimes composed of
such words that do not provide a noticeable meaning, and to determine the latent meaning the
golden rule is used.

The judges of the courts must be aware of the consequences of interpreting the statutes using
the golden rule, and it must only be used where it is absolutely necessary. The modern
approach to using the rules of interpretation is to have a purposeful construction, i.e., to bring
into light the object of the legislation.

The golden rule can be applied in both a narrow and wide sense. Narrow use occurs when the
rule is applied to ambiguous words. This is the most common application of the rule. Wide
use occurs when the rule is employed to avoid outcomes that are contrary to public policy.

Advantages of the Golden Rules of Statutory Interpretation: The golden rule of

interpretation allows judges to select the most sensible meaning when there are multiple
possible meanings for words in an Act or Statute. It respects the words the Parliament chose,
except in limited circumstances where the golden rule is applied.

One of the key benefits of the golden rule is that it provides a way to address problems that
may arise from a strictly literal interpretation. It offers an alternative interpretation to avoid
absurd or repugnant situations. A notable example is the Re Sigsworth case, where allowing
the son to benefit from his crime would have been unjust, and the golden rule was used to
provide a reasonable decision.

However, one of the significant advantages of the golden rule is that it allows judges to alter
the law by changing the meaning of words in statutes. This raises concerns about potential
encroachment on the separation of powers between the judiciary and the legislature.

Another advantage of the golden rule is that it enables immediate correction of statute
drafting errors. This was demonstrated in the R v Allen (1872) case, where the Court closed
loopholes, aligned the decision with the intentions of the Parliament and produced a more just
outcome.

Disadvantages of the Golden Rules of Interpretation of Statutes: The golden rule of

interpretation needs clear guidelines regarding its application, making it difficult to predict
when it will be used. Its use is limited and reserved for rare occasions.

The unpredictability of whether courts will apply the golden rule poses challenges for
lawyers and individuals seeking legal advice. It means that the outcomes of cases can heavily
depend on the personal interpretation of individual judges rather than strictly following the
law.

Moreover, what may appear absurd to one judge may not be seen as such by another. This
subjectivity further emphasises the influence of the judge’s perspective on case outcomes
rather than solely relying on the law itself.

The golden rule may not be helpful if the statute has no inherent absurdity. For instance, in
the case of London and North Eastern Railway v. Berriman, the widow could not receive

Page 5 of 128
compensation because the statute’s wording did not allow for such circumstances. The golden
rule would not provide a remedy or solution in such cases.

In New India Sugar Mills Ltd. v. Commissioner of Income Tax, Bihar 1963 SCR Supl. (2)
459, the Supreme Court held that the enactments within a statute must ordinarily be
understood in a way that furthers the object of the statute as well as that of the legislature, and
if two constructions of the same enactment exist, the court will adopt the one that advances
remedy and suppresses any mischief. If the literal rule of interpretation were to be considered
every time, it would result in irregularity and uncertainty because a word can have different
meanings when put in different contexts. Also, what other words are used with that word
define or reduce its meaning variably. This would result in ambiguity or multiple meanings of
a single word. It can also result in absurdity, which means that the accurate meaning of the
word as mentioned in the statute is completely opposite of what is being deduced from literal
constructions. In such cases, the statute becomes questionable. Thus, these situations call for
the application of the golden rule of interpretation.

In Belarpur Industries v/s Union of India (A.I.R. 1997, Delhi) – Delhi Court Stated that
the language used in the statute should firstly have literal or grammatical interpretation to
materialize the intention of the Legislature. But, if difficulties are arising in doing so. The
circumstances prevailing at the time of making the statute should be considered to remove
those difficulties. This is the Golden Rule of Interpretation.

In fact, the main purpose of the Golden rule of Interpretation is also the same as that Statutes
should be interpreted in such a way that the intention of the legislature is known and
ambiguity, unclarity, inconsistency, hardship, injustice, etc., arising from language is
removed.

In Directorate of Enforcement v/s Deepak Mahajan (A.I.R. 1995 S.C. 1775) – Supreme
Court said that the Golden Rule of Interpretation is such that the intention of the legislature
should not become meaningless. If the court has to deviate from literal or grammatical
interpretation to know the intention of legislature and implementation of the objects of
statute. It could be done so.

THE MISCHIEF RULE/Heydon’s Rule: The Rule in Heydon's Case is a way of

interpreting laws. It means that before deciding what a law means, you should think about the
problem the law was made to solve. Then, you should interpret the law in a way that helps
solve that problem. This is also called the "mischief rule" or "purpose approach." It is
different from other ways of interpreting laws, like the "plain-meaning rule" or the "golden
rule."

The mischief rule was established in Heydon's Case in 1584. It was held that the mischief
rule should only be applied where there is ambiguity in the statute. Under the mischief rule
the Court's role is to suppress the mischief and advance the remedy.

The Rule in Heydon's Case is a doctrine used in statutory construction. It states that a statute
should be interpreted by first identifying the problem or "mischief" that the statute was
designed to remedy. Then, a construction should be adopted that will suppress the problem
and advance the remedy.

Page 6 of 128
For example, if a statute was created to prevent people from driving under the influence of
alcohol, the Rule in Heydon's Case would require a court to interpret the statute in a way that
would best achieve that goal. This might mean interpreting the statute broadly to include not
only driving while drunk but also driving while under the influence of drugs.

The Rule in Heydon's Case is also known as the Mischief Rule or the Purpose Approach. It is
one of several rules used in statutory construction, including the Golden Rule, the Plain-
Meaning Rule, and the Equity-of-the-Statute Rule.

It is the rule of purposive construction because the purpose of this statute is most important
while applying this rule. It is known as Heydon’s rule because it was given by Lord Poke in
Heydon’s case in 1584. It is called as mischief rule because the focus is on curing the
mischief. In Heydon’s case, it was held that four things have to be followed for true and sure
interpretation of all the statutes in general, which are as follows-

1. What was the common law before the making of an act?

2. What was the mischief and defect for which the law did not provide?
3. What remedy did the Act provide?
4. What is true reason of the remedy?

The court must adopt the construction which will suppress the mischief and advance the
remedy.

‘Smith v/s Huge’ is a good example in this context. It is based on the ‘Street Offence Act’. It
provides for the prohibition of inducement by prostitutes over roads to the passing public.
This act was interpreted in such a way as to misuse it by not including the inducement by
prostitutes from the windows and balconies of their houses. But Court said while rejecting
this agreement that the inducement by prostitutes from the windows and balconies of their
houses is also prohibited under this act because the purpose of this act is to prevent
prostitution, that is, protect the on goes from the effect of a prostitute’.

Two important formulas related to mischief rule are—

i. Pro-private commando: and

ii. Pro-bona public

Both these formula means that the Courts should construe the statute in such a manner as to
suppress the mischief and encourage the remedy. Simultaneously, further mischief could be
prevented from finding out the intention of the legislature. It should be encouraged in such a
way that the intention of the legislature is achieved.

Two examples in this respect are — ‘The Alamgir v/s State of Bihar’ (A.IR 1959 S C
436) is the first example. Appellant changed under sec 498 of Indian Penal Code, 1860. A
married woman was living with the appellant of her own will. The Appellant argued that he
does not fall within the limits of sec 498. But Supreme Court said while rejecting this
argument, that sec 498 contains words ‘taking’ or ‘enticing’ or ‘concealment’ or ‘detained.
The Appellants case falls within the last word ‘detained’ because the intention of the
legislature is to avoid the mischief of preventing the husband from having intercourse with
his wife.

Page 7 of 128
Another similar case is Ranjet Odesiey V/S State of Maharashtra (A.I.R. 1965 S.C. 881).
The accused was charged under section 292 of the Indian Penal Code, 1860, which is a
punishable offence for selling or having possession for sale of the obscene book. Accused
argued that the shopkeeper is not expected to go through each book to see whether books
contain obscene literature. He had not read the book ‘Lady Chatterley’s Lover earlier.
Therefore, his case does not come under section 292. But the Supreme Court rejected the
arguments of the accused based on the Mischief Rule.

Advantages:

 It prioritises the legislative intent behind the creation of laws.

 It enables the judges to exercise their cognitive abilities.
 Judges take into account the social and technological changes in accordance with this
rule.
 It enables the supremacy of the legislative body.
 It aids in circumventing inequitable outcomes.

Disadvantages:

 Deciphering the aim of parliament can be challenging.

 This rule of interpretation is widely regarded as antiquated.
 This rule creates ambiguity in the law.
 This system is considered undemocratic because it grants excessive authority to the
court, which is the unelected arm of the government.

Conclusion: The Rule of Interpretation to Avoid Mischief represents a cornerstone of

statutory interpretation, reflecting principles of justice, equity, and legislative intent. By
guiding courts to interpret statutes in a manner that prevents harm or mischief, the rule
upholds the integrity of the legal system and promotes the rule of law. As societies continue
to evolve, the enduring relevance of this rule underscores its importance in ensuring the
effective and equitable application of statutes.

RULE OF HARMONIOUS CONSTRUCTION: Harmonious construction is a principle of

statutory interpretation used in the Indian legal system. It holds that when two provisions of a
legal text seem to conflict, they should be interpreted so that each has a separate effect and
neither is redundant or nullified.
In general, the doctrine of harmonious construction means that when there arises a conflict
between different statutes or between the statutes, in such circumstances, courts try to
interpret them in a way that makes them work together smoothly instead of declaring other
statutes void. The main aim of this doctrine is to give effect to all the provisions while
maintaining the overall coherence and purpose of the law.

The use of this doctrine can be traced back to the very first Constitutional amendment in the
case of Shankari Prasad v. Union of India (1951) where there was a conflict between
Fundamental rights and Directive principle of state policy.

The Court applied the rule of Harmonious Construction in the Indian constitution and stated
that fundamental rights and DPSP are different sides of the same coin and hence, harmonized
them stating they are for public good.

Page 8 of 128
Scope and objective of the doctrine of harmonious construction - The aim of the judiciary
and the courts should be to view the law as a whole. The interpretation of the law should be
such that it prevents confusion or incompatibility between the different sections or parts of
the statute being used. Whenever a discrepancy arises between two or more statutes or
different clauses or sections of a statute, the doctrine of harmonious construction must be
followed. The doctrine is based on the straightforward principle that every statute has a legal
purpose and should be read in totality. The interpretation should be such that it is unswerving
and all of the statute’s provisions should be used. In the event that harmonising two or more
statutes or different clauses or sections of a statute is unlikely, the court’s decision on the
provision would take precedence. Harmonious construction comes when there may be
different laws or provisions that could apply to particular situations. In such circumstances, it
needs to be interpreted in a manner that allows them to complement each other. The doctrine
further emphasises that laws are made by the state with the aim of promoting the interests of
society as a whole. The role of the judiciary is not to obstruct the implementation of these
laws but to complement the efforts of the legislature. In other words, the judiciary should
interpret and apply the law in a way that aligns legislative intent with societal goals.

The Supreme Court in the case of Commissioner of Income Tax v. Hindustan Bulk
Carrier (2003), has laid down the following principles that govern the doctrine of
harmonious construction:

o While interpreting the provisions, the courts need to avoid all circumstances of head-on
clash between the provisions. They must be construed harmoniously.
o Interpretation by the Courts should be done in such a way that one provision does not
defeat the other provision unless there seems no possible construction.
o If the situation is so that it becomes impossible to reconcile the provisions in conflict, the
courts must decide in such a way that both provisions are given effect.
o Any construction that renders one provision of the statute (or another statute, in the case
of two different statutes) useless or dead letter should not be given effect. Such
construction is not a harmonious construction.
o A harmonious construction is one which does not defeat any other provisions.

Importance of the doctrine of harmonious construction - The doctrine is typically used

while interpreting two or more statutes or within the statute whenever there are conflicts
between them. The concept of the doctrine of harmonious construction deals with the
following aspects, that includes-

 Avoid conflicts- Instead of creating contradictions between different statutes or

provisions, harmonious construction seeks to interpret them in a way that minimises the
conflicts.

For instance, if one statute sets the minimum wage for employees and another specifies
certain exceptions in such situations, the court should strive to interpret them in a manner that
harmonises both laws, ensuring that employees receive the intended minimum wage without
violating the exemption clauses of the statute.

 Balancing interest- Harmonious construction often involves striking a balance between

competing interests between the statutes.

Page 9 of 128
For instance, imagine a case where one statute imposes strict environmental regulations to
protect a particular ecosystem, while another statute encourages economic development in the
same area. By applying harmonious construction, courts can interpret in a manner that
balances statutes related to environmental protection as well as economic development
without nullifying any one of the statutes. In this way, the court can create a balanced
approach between the statutes.

 Protecting legislative intent- The doctrine ensures that the original intent of the
lawmakers must be preserved.

For instance, if one statute seeks to regulate the sale of alcohol to minors and another law
addresses licensing requirements for alcohol vendors, harmonious construction would aim to
interpret them in a manner that upholds the goal of preventing underage drinking without
hindering legitimate businesses.

Application of the Doctrine of Harmonious Construction in in Interpretation of Statutes

- Courts have outlined specific procedures for the proper application of the Doctrine of
Harmonious Construction in the interpretation of statutes based on extensive review of
various case laws. These procedures are as follows:

Equal Importance: Both conflicting provisions should be given equal importance to

minimise their inconsistency.

Comprehensive Reading: Provisions that are fundamentally inconsistent or conflicting

should be read in their entirety and the entire enactment should be taken into account.

Broader Provision Consideration: When dealing with contradictory provisions, the court
should consider the provision with a broader scope or applicability.

Analysing the Broader Law: In the comparison between broad and narrow provisions, the
court should analyse the broader law to check for any additional considerations. If
harmonising both clauses can be achieved by giving them separate and full weight, no further
analysis is needed. This is because the legislature was well-aware of the situation they
intended to address when enacting the provisions and all provisions should be given full
effect.

Non-Obstante Clause Usage: When one provision of the law appears to override the powers
conferred by another provision, a non-obstante clause should be applied if available.

Establishing Legislative Intent: It’s crucial for the court to determine the extent to which
the legislature intended to grant one provision overriding authority over another.

In the Jumma Masjid Mercara vs. Kodimaniandra Deviah (1962) case, there was a clash
between Section 6A and Section 43 of the Transfer of Property Act 1882. Accordingly,
Section 6A dealt with the chance of succession not being allowed to be transferred from one
person to another. Section 43 of the Act permits such a transfer on the occasion where
erroneous/false representation for consideration takes place. The Honourable Supreme Court
of India interpreted both provisions by applying harmonious construction and held that
Section 6A was considered a general rule and Section 43 was its exception.

Page 10 of 128
Re-Kerala education bill (1951): In this case, the Supreme Court held that in deciding the
fundamental rights the court must consider the directive principle and adopt the principle of
harmonious construction. So, two possibilities are given effect as much as possible by
striking a balance.

East India hotels ltd. v. Union of India (2001): The Supreme Court held that an Act is to
be read as a whole, the different provisions have to be harmonized and the effect to be given
to all of them.

In the case of CIT v. Hindustan Bulk Carriers AIR 2002 SC 3941, the Supreme Court
stated: “Courts must avoid direct conflict between seemingly contradictory provisions and
must interpret them in a way that harmonizes them.”

Conclusion: The rules of interpretation of statutes play a crucial role in ensuring the effective
and consistent application of the law. The Literal Rule emphasises the plain meaning of
words, while the Mischief Rule aims to discern the lawmakers’ intent by addressing the gaps
in previous laws. The Golden Rule provides flexibility by allowing departure from the literal
meaning to avoid absurd outcomes. Finally, the Rule of Harmonious Construction
harmonises conflicting provisions to give effect to the overall purpose of the statute. By
employing these rules, courts strive to uphold the principles of fairness, justice and the proper
functioning of the legal system.

What is the purpose of Interpretation of Statute?

The purpose of Interpretation of Statutes is to help the Judge to ascertain the intention of
the Legislature. Interpretation is an act of interpreting, explaining the meaning of the words
used in the statute. Interpretation of statutes is to aid judges in understanding legislative
intent, not to restrict that meaning or keep it within parameters that the judge may think
reasonable or practical.

What are Types/Classification of Statute?

Statute Law may be defined as the will of the state expressed by the legislature or by the
people through its initiative and expounded by courts. Statute law includes Statutes as also
case laws.

Types/Classification of Statutes can be done based on their duration, respect to method,

reference to object & extent of application.

Classification with reference to Duration: -

Temporary Statute: - Where the period of operation or validity of a statute has been fixed by
the statute itself, it is called a temporary statute. Such an Act remains in force until the time
fixed in the manner, unless it is repealed earlier.

Permanent Statute: - Where no period of operation or validity of a statute is fixed, the statute
is called a permanent statute. Such a statute may be replaced or repealed or amended by
another Act.

Page 11 of 128
Classification with reference to Method: -

Mandatory /Imperative/Obligatory Statute: - A statute compelling the performance of

certain things or compelling the doing of certain thing in a certain particular manner is
called as a mandatory statute. mandatory provision must be strictly observed.

Directory/Permissive Statute: - Where the statute merely directs or permits a thing to be

done, but does not compel its performance, such statute is called a directory statute.

In the case of H.V. Kamath v. Ahmad Ishaque, it was determined that mandatory
provisions must be strictly adhered to, while substantial compliance with directory provisions
is generally sufficient to meet legal requirements.

Classification with reference to Object: -

1. Codifying Statute: - A Codifying Statute is a Statute is one which codifies the law
on a particular subject. The object is to present an orderly and authoritative
statement of leading rules of the law upon some particular subject. the Hindu
Succession Act of 1956 in India is a codifying statute that addresses intestate
succession among Hindus.
2. Declaratory Statute: - A declaratory statute is one that clarifies and removes doubts or
misunderstandings about the meaning of terms or expressions within the common law
or statutory law.
3. Consolidating Statute: - A consolidating statute consolidates all statutory
enactments related to a particular subject into a single law, making it easier to
access and understand. It brings together existing statutory provisions on the
subject, often with minor modifications. For example, in England, the Law of
Property Act of 1925 consolidated the acts of 1922 and 1924. In India, the Code
of Criminal Procedure of 1973 is a consolidating statute concerning criminal
procedures. Such statutes not only compile earlier laws but also repeal the
earlier acts for the sake of clarity.
4. Enabling Statute: - The statute which officially allows what was previously
forbidden or introduces new powers is called Enabling Statute. In other words,
Enabling Statute means statute which either enlarges common law or makes
something lawful which otherwise was unlawful. According to Craies, "many
statutes have been passed to enable something to be done which was previously
forbidden by law, with or without prescribing the way it is to be done.

For example- Land Acquisition Act enables the government to acquire the public
property for the purpose of the public, which is otherwise not permissible.

Enabling Statute means statute which either enlarges common law or makes
something lawful which otherwise was unlawful. Instances of enabling statute can be
acts authorizing compulsory acquisition of land for public benefit or prohibition of
public and private nuisances. Such a statute grants or extends authority to carry on the
procedure of the act and these rules can provide for several matters sans the
preconceived opinion of the current provisions. Illustration of this kind is Section 49
A and Section 49-A (2) of the Advocates Act as amended by Act 21 of 1964.

Page 12 of 128
 Enabling statute creates Agency and defines its purpose and gives power to Agency. It
defines the procedural rules and formalities for all federal agencies and the rule book
for administrative agencies. Although powers differ from agency to agency, it is
possible to make accurate generalizations about the powers of the typical
administrative agency.

One of the principles of law with regards to the effects of an enabling statute is that if
the legislature gives the authority of something to be done, it at that same time gives
the powers by all the crucial presumptions and information to accomplish every act
which is necessary for carrying out the purposes in view.

This general rule under the law is that whenever the legislature gives any power to the
public at large to do anything which is public in nature, the legislature also gives all
the rights without which the power would be completely isolated. However, all the
above-mentioned circumstances cannot be implied in Accidental situations.

In a case called Bidi, Bidi Leaves and Tobacco Merchants Association v. State of
Bombay, the court explained that an enabling act not only permits something to
happen but also gives the necessary authority to do what’s needed to achieve the law’s
goal. Any conditions set by an enabling statute for the public good must be followed
because they are essential. An example is Section 49-A (1) and 49-A (2) of the
Advocates Act of 1961, as amended by Act 21 of 1964.

5. Remedial Statute: - Remedial Statutes are those statutes which provide the remedy
for a wrongful act in the form of damages or compensation to the aggrieved party but
do not make a wrongdoer liable for any penalty. This types of Statute are beneficial
to the weaker section of the society. They are directed towards extending a certain
benefit to the particular class of society. Therefore, they are also called as welfare
legislation. In Simple, a statute which confers new remedies which were not available
before or after its enactment is called ‘remedial statute’. Examples - Workmen's
Compensation Act 1923, Maternity Benefit Act 1961 Consumer Protection Act 1986,
Industrial Dispute Act 1947.
6. Disabling Statute: - A statute which curtails or destroy or prohibits the previous
rights or powers is called a disabling statute.
7. Penal Statute - A penal statute is one which punishes certain acts or wrong. Such
Statute may be in the form of a comprehensive criminal code or large number of
sections providing punishment for different wrongs. for example - Criminal
Procedure Code, Indian Penal Code etc. The penalty for disobedience may be in the
form of fine, forfeiture of property, imprisonment, death sentence etc.
8. Taxing Statute - Enforced by the government, Taxing Statutes or Fiscal Statutes are a
legal framework consisting of the tax code or tax law that requires individuals,
businesses, or entities to pay taxes. Taxing statutes are those which impose taxes on
income or other kind of transactions.
9. Amending Statute - As we all know, Amendment means a change in the existing law.
A law is amended when it is in whole or in part permitted to remain and something is
added to or taken away from it or it is some way changed or altered to make it more
complete or perfect or make it suitable to accomplish the purpose for which it was
made.

Page 13 of 128
 10. Repealing Statute - Repealing Statute is a Statute which repeals Statute which
already exists. Example - The Code of Criminal Procedure,1973 repealed and
reenacted Criminal Procedure Code 1898.
11. Explanatory Statute - An explanatory statute is one which explains the previously
enacted law. Such a statute generally passed with the intent to provide a better
explanation of an existing law, or to remove the doubt of an expression used in a
previous law.
12. Curative or Validating Statute - A curative or validating statute is one passed to fix
problems in a previous law or to make legal proceedings, documents or actions valid,
even if they didn’t meet the legal requirements. These statutes often include phrases
like “notwithstanding any judgment, decree or court order.” They’re meant to make
previously unlawful actions legal or to overturn court decisions.

In a case involving Amarendra Kumar Mohapatra and others v. State of Orissa and
others, the Supreme Court of India explained that while deciding legal rights is a job for the
courts, only the legislature can pass laws to validate illegal actions or laws. However, when
the validity of a validating law is in question, the court must consider three things:

 Whether the law fixes the problems that made the action or law invalid.
 Whether the legislature had the authority to validate what was declared invalid before.
 Whether the validation respects the rights guaranteed by the constitution. A validating
law is effective only if the answers to these three questions are “yes.”

Classification with reference to the extent of Application: -

Public Statute: - A statute which relates to a matter of public police and deals with the rights
and duties of general public is a ‘public statute’.

Private Statute: - A private statute is one which deals with matters which are not of public
concern but which are individual in nature.

Conclusion: To conclude the above mentioned things it would be appropriate that each and
every statute has its specifications and are enacted for the welfare of the citizens. The
classification of statutes refers to the categorization of laws based on their distinctive
characteristics or purposes. Statutes can be grouped into various categories depending on
their intent, effect or content.

The Statute should be read as whole, Discuss?

There is well settled and established Principal of law that Statute must be read in its whole
context and not merely by reading the text of a particular section of the Act. The intention of
legislature behind enacting an Act or Statute can be ascertained by reading the whole text of
the statute and the context in which word has been used in the Act. It is one of the most
important rule of interpretation. This approach ensures that the provisions of a statute are
understood in their full context and that the statute’s intent is applied consistently.

Purpose of Reading a Statute as a Whole: Reading a statute as a whole it helps to

understand the full context of the legislative text. It ensures that no provision is interpreted in

Page 14 of 128
isolation, which might lead to a misinterpretation of its meaning or purpose. It allows for a
better understanding of the legislature's intent. By examining the statute in its entirety, one
can discern the underlying objectives and how different provisions interrelate to achieve
those objectives.

This approach helps avoid conflicts or contradictions within the statute. It ensures that
different provisions are interpreted in a way that maintains internal consistency. It integrates
various provisions to form a coherent legal framework, where each provision complements
and supports the others.

Even when applying the literal rule, reading the statute as a whole ensures that the plain
meaning of words or phrases is understood in the context of the entire statute.

Example: If a statute aims to protect consumers from fraud, the provisions related to
consumer rights and regulatory measures should be read together to ensure that the
interpretation aligns with the statute's protective purpose.

The principle supports the rule of harmonious construction, which seeks to reconcile different
provisions within the statute and between related statutes.

Example: If a statute contains both general and specific provisions, reading them together
ensures that the general provisions are interpreted in light of the specific ones, maintaining
overall legislative coherence.

Benefits of Reading a Statute as a Whole:

 Provides a complete view of the statute, ensuring that all provisions are interpreted in
harmony.
 Helps identify how individual provisions interact and support the statute’s overall
objectives.
 Ensures consistent application of the law by integrating all relevant provisions.
 Reduces ambiguity by providing a clear and coherent interpretation.
 Aids in discovering and respecting the intent behind the statute, leading to a more
faithful application of the law.

In the case Bhavnagar University v. Palitana Sugar Mill Private Limited[vi], the Supreme
court observed that it is the basic principle of the construction of statute that the same should
be read as whole, then chapter by chapter, section by section and word by word. Recourse to
construction or interpretation of statute is necessary when there is ambiguity, obscurity or
inconsistency therein and not otherwise. An effort must be made to give effect to all parts of
the statute and unless absolute necessary no par thereof shall be rendered surplus or
redundant.

In the case of Balsinor Nagrik Co-op. Bank Ltd. V. Babubhai S Pandya [2] it was held by
the Hon'ble Supreme court that: It is an elementary rule that construction of a statute is to be
made all parts together. It is not permissible to omit any part of it. For the principal that the
statute must be read as a whole is equally applicable to different parts of the same section.

Conclusion: Reading a statute as a whole is a crucial principle in statutory interpretation that

ensures that the law is applied in a coherent and consistent manner. By considering the entire
Page 15 of 128
text and its context, this principle helps in accurately understanding legislative intent,
maintaining internal consistency, and effectively integrating various provisions. It
underscores the importance of a comprehensive approach to interpreting legal texts to achieve
a fair and intended application of the law.

What is Sententia Legis? 2 Marks

“Sententia Legis” i.e., true intention of legislature. Interpretation of Statute according to the
intention of the legislature is termed as Sententia Legis. The duty of the judicature is to act
upon the true intention of the legislature which is mens or sentia legis or intention.

Role of legislative intention in interpretation of statute? 2 & 12 Marks

Legislative intention plays a crucial role in the interpretation of statutes, as it helps ensure
that laws are applied in a manner consistent with the purpose and objectives envisioned by
the legislature. Understanding legislative intent involves deciphering what the lawmakers
aimed to achieve when enacting a statute.

Definition: Legislative Intent: Refers to the purpose or objective that the lawmakers had in
mind when they drafted and enacted a statute. It encompasses the goals they sought to
accomplish and the problems they intended to address.

In order to seek intention of legislature means to understand the words or language of the
statute by its objects. The courts must find out the intention of the legislature by giving words
their ordinary and natural meaning in conformity with the objects envisaged to achieve by
statute.

Importance: Understanding legislative intent helps courts and legal practitioners apply the
statute in a way that aligns with its intended purpose, rather than adhering strictly to the
literal text alone. Interpreting statutes according to legislative intent often leads to fairer and
more equitable outcomes that align with the original goals of the law. It helps prevent
interpretations that might lead to unintended or adverse results that were not envisioned by
the legislature. Understanding legislative intent allows for a flexible interpretation that can
adapt to new circumstances while still honoring the original purpose of the legislation.

Examples - Consumer Protection Legislation: A statute designed to protect consumers

from unfair trade practices may include provisions related to disclosure of information,
warranties, and remedies. Legislative intent in this context is to safeguard consumers' rights
and ensure fair trading practices.

Environmental Laws: Environmental regulations aimed at reducing pollution and protecting

natural resources reflect legislative intent to preserve the environment and promote
sustainable practices. Interpretation of such statutes should focus on achieving these
environmental protection goals.

Guiding lines to frame intention of legislature are: – The context, The subject matter, The
effects and consequences, The spirit or reason of the law.

The intention of the legislature is essentially constructed of two aspects:

Page 16 of 128
1) The meaning i.e. what the words mean,

2) The purpose and object, i.e. the purpose & object which the statute intended to achieve.

The former connotes an understanding derived from the literal meaning of the words of a
statute. The latter points to the spirit and reason pervading through the statute. The courts
have to keep these aspects in mind while reading a statute; and are aided in this task by
certain sources of legislative intent. These popularly include:

1. The text of the statute as proposed to the legislature.

2. Proposed amendments to the statute, whether accepted or rejected, with reasons
thereof.
3. The record of hearings on the topic.
4. Legislative records or journals.
5. Speeches and parliamentary debates made prior to the vote on the bill.
6. Legislative subcommittee (such as Standing Committee) minutes, factual findings,
and/or reports
7. Other relevant statutes that can be used to understand the definitions in the statute on
question; for example, the General Clauses Act, 1897.
8. Other relevant statutes which indicate the limits of the statute in question; such as
previous statutes on the same matter.
9. Legislative files of the executive branch, such as the governor or president.
10. Case law prior to the statute or following it which demonstrates the problems or issues
the legislature was attempting to tackle with the statute.
11. Constitutional determinations.
12. Legislative intent, which is the reason for passing the law

While examining a statue for finding out the legislative intent, the judges arrive at a solution
by striking a balance between the letter and the spirit of the statue. The duty of the judges is
to expound and not to legislate. In other words, their function is jus dicere and not jus dare (to
declare the law and not to make it).

Certain principles followed in interpretation are:

(a) The statute must be read as a whole in its context.

(b) If the meaning of the statute is clear, effect should be given to it irrespective of the
consequences.

(c) The courts should not usurp legislative function under the guise of interpretation. What
the legislature intended to be done or not done can only be ascertained from the words
of the statute it has enacted. It should be borne in mind that the statue is the master and
not the servant of the judgment.

(d) The purpose of the statute should be referred to in case of doubts in interpretation. In
Reserve Bank of India v. Peerless General Finance and Investment Co., AIR 1987 SC
1023, the Supreme Court observed that interpretation must depend on the text and the
context. If the text is the texture, context is what gives colour. That interpretation is best
which makes the textual interpretation match the contextual. A statute is best interpreted
when we know why it was enacted.

Page 17 of 128
 (e) Judges have more freedom in interpreting a Constitution but this freedom should also be
contained within permissible limits.

(f) The rules of interpretation should not be applied like the rules of law in interpretation.
They only serve as guides.

“Aswini Kumar V/s Arabinda Bose”, in this case the petitioner argued that being an
advocate in the Supreme Court he had a right to act and plead all by himself without any
instructions from the attorney. The Supreme Court accepted this contention by a majority.
One of the minority judges held that, to find out the true intention of the legislature, it was
necessary to take all the parts of the statute together for interpreting any provision in it.

“Newspapers Limited V/s State Industrial Tribunal”, the Supreme Court held the
reference had on the ground that it was not an industrial dispute of which the dismissed
employee was a workman of the employers. It was observed that the industrial dispute act as
a whole should be read while interpreting the constituent parts of it.

Conclusion Legislative intention is a fundamental concept in statutory interpretation that

ensures laws are applied in a manner consistent with the goals and purposes envisioned by
the legislature. By focusing on legislative intent, courts and legal practitioners can provide
more accurate and fair interpretations of statutes, resolve ambiguities, and adapt the
application of the law to changing circumstances. Understanding legislative intention
involves analyzing the text, legislative history, judicial precedents, and the broader purpose
of the statute, all contributing to a coherent and just application of the law.

Note on Perpetual and Temporary Statute?

Perpetual and Temporary Statutes refer to the duration and applicability of laws.
Understanding the distinction between these types of statutes is crucial for interpreting and
applying legal provisions effectively.

PERMANENT STATUTE OR PERPETUAL: - Where no period of operation or validity of

a statute is fixed, the statute is called a permanent statute. When no time limit is fixed for the
duration of the Statute, it is called a Permanent or Perpetual Statute. The Permanent Statute
remains in force until it is repealed. Permanent or Perpetual Statute is not abrogated by
passage of time or because of its non-use. If the power of the legislation comes to an end, it
will not affect the continuance of a perpetual statute enacted during the continuance of power.
Thus, even though the Perpetual Statute is not used frequently, it remains in operation.

Characteristics: Perpetual statutes are designed to be in force for an indefinite period. They
continue to apply until altered or repealed by a new statute. They provide stability and
continuity in the legal system, as they remain effective and enforceable until legislative action
is taken to change or remove them.

Examples: Many fundamental laws, such as constitutional provisions or long-standing

regulatory frameworks, are examples of perpetual statutes. For instance, statutes that establish
core legal principles or long-term regulatory frameworks often fall into this category.

Perpetual statutes are interpreted based on their text and legislative intent. Their indefinite
duration requires careful consideration of how their provisions apply over time.

Page 18 of 128
To alter or end the effect of a perpetual statute, formal legislative procedures must be
followed. This might involve passing new legislation or amending existing provisions.

State of Maharashtra v/s. Narayanan - In this case, the Supreme Court held that, an Act of a
Parliament does not come to an end by its non-use.

TEMPORARY STATUTE: - Where the period of operation or validity of a statute has been
fixed by the statute itself, it is called a temporary statute. Such an Act remains in force until
the time fixed in the manner, unless it is repealed earlier. Legislature enacting such
Temporary Statute can repeal it before the time limit of expiry. As soon as the time limit is
over, the Temporary Statute stops functioning.

Characteristics: Temporary statutes have a predetermined expiration date or a specified

period during which they are effective. They are designed to address specific issues or
circumstances that are expected to be short-term. They are often enacted to address temporary
situations, such as emergencies, special projects, or pilot programs.

Examples: Statutes providing emergency measures in response to a natural disaster,

temporary tax relief measures, or experimental regulatory frameworks for a set period are
examples of temporary statutes.

Temporary statutes automatically cease to be in effect once their specified duration expires.
Their provisions are not enforceable beyond the end date unless renewed or extended by
legislative action.

If the need for the statute continues beyond its initial term, the legislature may renew or
extend it through additional legislation. The renewal process typically involves re-evaluating
the need for the statute and passing new legislation to extend its provisions.

Key Differences

Duration - Perpetual Statutes: Remain in effect indefinitely until repealed or amended.

Temporary Statutes: Have a fixed duration and expire automatically unless renewed.

Purpose - Perpetual Statutes: Generally, address ongoing or fundamental issues with long-
term applicability. Temporary Statutes: Address specific, short-term needs or conditions.

Legislative Action - Perpetual Statutes: Require formal legislative action to amend or

repeal. Temporary Statutes: Expire automatically but may be renewed or extended by
further legislative action.

Conclusion: Understanding the distinction between perpetual and temporary statutes is

essential for interpreting and applying the law correctly. Perpetual statutes provide long-term
stability and continuity, while temporary statutes address specific, short-term needs and
expire automatically unless renewed. Both types of statutes play crucial roles in the
legislative process, and their effective management ensures that the legal system remains
adaptable and responsive to changing needs and circumstances.

Explain rules about operation of statute? When can act be allowed to be

retrospective in operation?

Page 19 of 128
 Analyze the presumption against the retrospective operation of Statutes?

Please find Answer

What is meaning of retrospective operation of Statute?

The term "retrospective operation of Statute" describes the application of a legal provision to
actions or facts that took place prior to the enactment of the relevant law. These laws alter or
change the legal consequences of actions that occurred before they were passed. In simple,
Retrospective Laws are laws passed today, that change what was legal or illegal yesterday.

For example, if a person committed a crime 2 years ago, which was held to be a punishable
offence, the act now is no longer a crime with a retrospective effect. It would be applicable to
the person and he would be released. This is an example of a retrospective operation on
substantive law.

Mention Different types of repeal of Statutes and explain consequences of Repeal

of statute? Explain the meaning of Repeal of Statute?

What is meaning of Express Repeal?

What are internal aids to interpretation of Statutes?

An aid is a valuable tool or device used to assist in interpreting statutes. When interpreting a
statute, courts can employ both internal aids (found within the statutes) and external aids
(found outside the statutes) to gain a better understanding of its meaning and intent.

Internal aids to the interpretation of Statutes refer to the tools or elements inherent within a
statute. These aids allow the court to derive the statute’s meaning without relying on external
references. By examining the content within the statute, such as specific provisions or
clauses, it becomes possible to interpret its intended meaning. In other words, Internal aids
mean those materials which are available in the statute itself, though they may not be part of
enactment. The following are examples of internal aids that can assist in the interpretation of
a statute:

i.) Title - (a) Short Title and (b) Long Title; ii.) Preamble; iii.) Headings; iv.) Marginal
Notes; v.) Punctuations; vi.) Illustrations; vii.) Definition or Interpretation Clause; viii.)
Provisions; ix.) Explanation; x.) Schedules; xi.) Exceptions and Saving clauses;

TITLES OF STATUTES: The very important part of a statute is, its title, without which
there can be neither identity not existence of any statute. Within statutes, titles play an
essential role in providing reference and a general understanding of the purpose of the
legislation. There are two types of titles commonly used: namely short title and long title as
detailed below.

Page 20 of 128
Role of the Title in Statutory Interpretation: The title of a statute can provide valuable context
for understanding the purpose and scope of the legislation. It offers insights into the
legislative intent. Courts may consider the title to understand the broader objectives of the
statute. Generally, the title of a statute is not legally binding or determinative.

For example, if a statute titled "Consumer Protection Act" contains provisions that seem to
address specific consumer rights, the title can help confirm that the statute is meant to protect
consumers, even if individual provisions require more detailed interpretation.

Most statutes have both Long & Short Title. Two types of titles commonly used in detail:

SHORT TITLE: Short Title is a name given to a statute for the purpose of reference and
identification. It is typically stated in Section 1 of the Act and includes the year of its
enactment. It identifies the statute/Act, and ends with the year in which it is passed. E.g. the
Indian Contract Act, 1872, the Indian Evidence Act, 1872, the Indian Penal Code, 1860 etc.
The short title is a convenient way to refer to the Act without mentioning its full name and
details. The main object of the short title is to facilitate citation of Act in future enactments
and other instruments

According to Lord Moulton, the short title is "a stationary nickname to obviate the necessity
of always referring to the Act under its full and descriptive title "Generally, in almost all
modern Acts/Statutes Section, clause (1) of the chapter I contains the short title. For example,
Section 1(1) of the Indian Evidence Act, 1872 provides that the short title starting "The Act
may be called the Indian Evidence Act, 1872 (Act of 1872). The purpose of short title is to
reduce the space required for writing long title of a statute, economy in expression and
convenience

LONG TITLE: Long Title of a Statute appears at the head and it very often precedes
(before) the preamble of the Act. The long title is included in certain acts to provide a
general description of the objective or purpose of the legislation. It offers an overview of the
intended scope and purpose of the Act. However, it is important to note that the long title is
not considered a conclusive aid for interpreting statutes. It does not resolve ambiguities that
may arise within the statutory provisions but rather provides a broad understanding of the
subject matter of the Act’s.

Long Title usually starts with the words “An act to ......” e.g. For instance, the long title of
the Criminal Procedure Code (CrPC) states, “An act to consolidate and amend the laws
relating to the criminal procedure.”

The case R v. Secretary of State for the Home Department, Ex parte H illustrates the
practical use of the long title as an internal aid in statutory interpretation. It highlights how
the long title can provide valuable context for understanding the scope and purpose of
legislation, thereby guiding the interpretation of specific provisions. This approach ensures
that statutes are applied in a manner consistent with their intended objectives and legislative
intent.

In Kedarnath vs. State of West Bengal, the significance and connotation of the title of the as
was taken into consideration, while determining the validity of section 4 of the West Bengal
Criminal Law Amendment (Special Courts) Act, 1949.

Page 21 of 128
The Supreme Court in Union of India vs. Elphinstone Spg. And Wvg. Co. Ltd., (AIR 2001
S.C. 724) held that the long title along with the preamble is a good guide to know the object
purpose and scope of the Act.6

Limitations of Title as Internal Aid to Construction

 Title has no role to play where the words employed in the language are plain and
precise and bear only one meaning.
 Title can be called in aid only when there is an ambiguity in the language giving rise
to alternative construction.
 Title cannot prevail over the clear meaning of an enactment.
 Title cannot be used to narrow down or restrict the plain meaning of the language of
the statute.

Conclusion: while the title of a statute is useful for understanding its general purpose and
scope, it is not the primary tool for statutory interpretation. The text of the statute and other
interpretive aids usually take precedence in determining its meaning and application.

PREAMBLE: The preamble of an Act serves as an internal aid to interpretation as it outlines

the main objectives and reasons behind the legislation. The Preamble to the Act contains the
aims and objectives sought to be achieved, and is therefore, part of the Act. It is a key to
unlock the mind of the law makers. It explains the reasons for enacting the law and the
problems it seeks to address.

When the language of a provision within an Act is clear and unambiguous, the preamble
generally does not play a significant role. It serves as a roadmap, guiding the interpreter
toward the legislature's intent. While not a binding legal provision, it is an essential tool for
understanding the statute's overall scheme.

Even when the language of a provision is clear, the preamble can be used to confirm that the
interpretation aligns with the statute's overall purpose.

The preamble helps prevent interpretations that go beyond the statute's scope or contradict its
underlying policy.

However, if multiple interpretations are possible, the preamble can assist in ascertaining the
true meaning of the provision. The preamble is typically located on the first page of the Act,
although it is worth noting that modern acts are often drafted without a preamble, diminishing
its importance.

In case of any ambiguity or uncertainty, the preamble can be used by the courts to interpret
any provision of that statute. But there is a caution here. The apex court has held in
Maharishi Mahesh Yogi Vedic Vishwavidyalaya v. State of M.P. AIR (2013) 15 SCC
677– the court cannot have resort to preamble when the language of the statute is clear and
unambiguous.

Similarly, it has been held that help from preamble could not be taken to distort clear
intention of the legislature– Burrakar Coal Company v. Union of India AIR 1961 SC 954.

Page 22 of 128
In re Kerala Education Bill, 1957, it was observed that the policy and purpose of the Act
can be legitimately derived from its preamble.

In Global Energy Ltd. v. Central Electricity Regulatory Commission– it was held that the
object of legislation should be read in the context of the Preamble.

In Maharashtra Land Development Corporation v. State of Maharashtra, it was held

that Preamble of the Act is a guiding Light to its interpretation.

Another important example is found in Kesavananda Bharati v. State of Kerala, AIR 1973
SC 1461– wherein the apex court strongly relied on the Preamble to the Constitution of India
in reaching a conclusion that the power of the Parliament to amend the constitution under
Article 368 was not unlimited and did not enable the Parliament to alter the Basic Structure of
the Constitution.

Limitations of Preamble as Internal Aid to Construction

 Preamble can be resorted to only when the language of a provision is reasonably

capable of alternative construction.
 Preamble cannot either restrict or extend the meaning and scope of the words used in
the enacting part.
 In case of conflict between Preamble and a section, the preamble would succumb and
section shall prevail.
 Preamble cannot be regarded as source of any substantive power or of any prohibition
or limitation.

Preamble and the Indian Constitution: The preamble to the Indian Constitution is particularly
significant. It outlines the nation's fundamental values and aspirations. Courts have
consistently held that while not enforceable as a legal right, it is a key to understanding the
Constitution's basic structure and spirit.

As per the motion adopted by the Constituent Assembly, the Preamble to the Constitution of
India is a part of the Constitution. Several judgments like those in the Keshavananda Bharati
case (Keshavananda Bharati v. State of Kerala, AIR 1973 SC 1461) and the Minerva Mills
Case (Minerva Mills Ltd. v. Union of India, AIR 1980 SC 1789) have relied upon the
Preamble in reaching the conclusion that the power of amendment conferred by Article 368
was limited and did not enable the Parliament to alter the basic structure of the Constitution.

As in the case of other enactments, the Preamble of the Constitution furnishes a key to open
the minds of the makers of the Constitution. It reflects the essential features and basic
objectives of the Constitution. Thus, in case of a doubt the Constitution can be interpreted
keeping in mind the Preamble in accordance with the basic structure of the Constitution.
However, here also, the Preamble can neither be regarded as the source of any substantive
power nor as a source of any prohibition or limitation (Indira Nehru Gandhi v. Raj Narain,
AIR 1975 SC 2299).

A.K. Gopalan v. State of Madras: The court used the preamble to interpret the scope of
fundamental rights.

Page 23 of 128
In the case of State of West Bengal v. Anwar Ali, the constitutionality of Section 5 of the
West Bengal Special Courts Act, 1950 was challenged on the grounds of violating Article 14
of the Constitution. This provision empowered the state government to select specific cases to
be tried by special courts with distinct procedures. The Supreme Court referred to the
preamble of the Act and determined that the state government had the discretion to choose
such cases.

Examples - * Consumer Protection Act: The preamble states that the Act is to protect the
interests of consumers. Courts have used this to expand the scope of consumer rights.

* Environment Protection Act: The preamble emphasizes the need to protect and improve the
environment. Courts have relied on this to impose strict liability on polluters.

Conclusion: The preamble is a valuable tool in the interpreter's arsenal. It provides essential
context for understanding a statute's purpose and scope. However, it must be used
judiciously, in conjunction with other interpretive aids, to arrive at a fair and reasonable
interpretation.

HEADINGS: In the context of statutes, a "heading" refers to a title or label that appears
before sections or parts of a legislative document. Headings are used to categorize and
organize the content of the statute, providing a summary or indication of the subject matter
that follows.

In all modern statutes, generally headings are attached to almost each section, just
preceding the provisions. For example, the heading of Section 437 of the Code of Criminal
Procedure, 1973 is “When bail may be taken in case of non- bailable offence”.

Headings are not passed by the Legislature but they are subsequently inserted after the Bill
has become law.

Headings are prefixed to sections or groups of sections within a statute. Headings in statute
are of 2 kinds 1.) those prefixed to a section; and 2.) those prefixed to a group or set of
sections. These headings have been treated by courts as preambles to those sections or set of
sections.

Their role is limited to cases where the plain reading of the section allows for more than one
interpretation. In such situations, the court may seek guidance from the headings to
understand the legislative intent. In the case of Tolley v. Giddings, the interpretation of
Section 217 of the Road Traffic Act was in question. The heading of the provision was
“Miscellaneous and general,” with the subheading “Penalization of taking a motor vehicle
without authority.” The court held that the headings clearly explained the legislature’s
intention, and therefore, the passenger could be held liable for an offense.

Naturally, the rules applicable to the preamble are followed in case of headings also while
interpreting an enactment. Therefore, if the plain meaning of enactment is clear, help from
headings cannot be taken by the courts.

However, if more than one conclusion are possible while interpreting a particular provision,
the courts may seek guidance from the headings to arrive at the true meaning.

Page 24 of 128
A heading to one set of sections cannot act as an aid to interpret another set of sections–
Shelly v. London County Council, 1949 AC 56

In Sarah Mathew v. Institute of Cardio Vascular Diseases, it was held that sectional
headings have a limited role to play in the construction of statutes. The heading of Ch.
XXXVI, Cr.P.C. is not an indicator that the date of taking cognizance is the date on which
limitation period commences.

In Novartis Ag. v. Union of India, the sectional headings were relied on while interpreting
Section 5, 3(d), 2(1) (j) and (ja) and 83 of the Patents Act, 1970.

In Union of India v. ABN Amro Bank

 It was held that the heading of a section can be regarded as key to interpretation of the
operative portion of said section.
 If there is no ambiguity in the language of the provision or if it is plain and clear, then
heading used in said section strengthens that meaning.

Headings in statutes and legislative texts serve several important functions, but their role in
statutory interpretation can vary. Here’s a brief note on the use and significance of headings
in statutory interpretation:

Role and Significance of Headings in Statutory Interpretation:

Headings help organize and structure the text of a statute, breaking it into manageable
sections and making it easier to navigate. They often indicate the subject matter of the
sections or subsections that follow.

Headings can provide contextual clues about the content and purpose of the provisions under
them. They offer a summary of the section’s topic, which can assist in understanding the
broader context of the statutory language.

Courts may use headings to interpret statutory provisions, particularly when the language of
the text is ambiguous. Headings can help clarify the intent of the legislature and the purpose
of specific provisions by reflecting the overall structure and focus of the statute.

Despite their usefulness, headings are generally not considered legally binding or definitive.

Headings may not always reflect the exact scope or intention of the legislative provisions. In
some cases, headings might be broad or misleading, and reliance on them alone can lead to
misinterpretation if the text suggests a different meaning.

Different jurisdictions may vary in how they treat headings in statutory interpretation. Some
courts may refer to headings as a secondary source of guidance, while others might give them
limited or no weight in determining legislative intent.

Example: Consider a statute with a heading titled "Regulation of Environmental Pollution."

The sections that follow under this heading are likely related to various aspects of pollution
control. If a particular provision’s meaning is unclear, the heading can help confirm that the

Page 25 of 128
provision is intended to address environmental pollution, guiding the interpretation toward
the regulation of pollutants and related activities.

In N.C. Dhoundial v. Union of India, it was held that “Heading” can be relied upon to clear
the doubt or ambiguity in the interpretation of the provision and to discern the legislative
intent.

Limitations of Headings as Internal Aid to Construction

 Headings can neither cut down nor extend the plain meaning and scope of the words
used in the enacting part.
 Headings cannot control the clear and plain meaning of the words of an enactment.

Conclusion: while headings can provide valuable context and assist in interpreting statutory
provisions, they are supplementary and not authoritative. The primary focus for interpretation
remains on the statute’s text and other relevant legislative materials.

MARGINAL NOTES: Marginal notes are those notes which are inserted at the side of the
sections in the Act and express the effect of the sections. These are also known as side notes.

In the olden times help used to be taken sometimes from the marginal notes when the clear
meaning of enactment was in doubt. But the modern view of the courts is that marginal notes
should have no role to play while interpreting a statute.

The basis of this view is that the marginal notes are not parts of a statute because they are not
inserted by the legislators nor are they printed in margin under the instructions or authority of
the legislature. These notes are inserted by the drafters and many times they may be
inaccurate too.

However, there may be exceptional circumstances where marginal notes are inserted by the
legislatures and, therefore, while interpreting such an enactment help can be taken from such
marginal notes. The Constitution of India is such a case. The marginal notes were inserted by
the Constituent Assembly and, therefore, while interpreting the Indian Constitution, it is
always permissible to seek guidance and help from the marginal notes.

In Bengal Immunity Company v. State of Bihar, the Supreme Court held that the marginal
notes to Article 286 of the Constitution was a part of the Constitution and therefore, it could
be relied on for the interpretation of that Article.

In Tara Prasad Singh v. Union of India, it was held that marginal notes to a section of the
statute cannot take away the effect of the provisions.

Importance of Marginal Notes

Marginal notes can help provide context and clarify the subject matter of the sections they
accompany. While not authoritative, they offer insights into the purpose and scope of the
legislative provisions. In cases of ambiguity, marginal notes may assist in understanding the
legislative framework and intent. They can provide clues about the general theme of the text.

Page 26 of 128
They make it easier for users, including lawmakers, legal professionals, and the public, to
locate and understand specific parts of a statute quickly. Marginal notes serve as a practical
reference tool, helping users navigate complex legal documents with greater ease.

Although marginal notes can aid in understanding the context, they are not legally binding or
authoritative in statutory interpretation. Courts primarily rely on the text of the statute and
legislative intent. Courts may refer to marginal notes as part of the interpretive process, but
they do not give them the same weight as the text of the statute. The official legislative text
and its provisions remain the primary source of legal authority.

Marginal notes can assist legislators and drafters in organizing and structuring statutes during
the drafting process. They help ensure that the legislative text is coherent and logically
arranged.

Limitations of Marginal Notes as Internal Aid to Construction

 Marginal notes are very rarely used for interpretation as they are not considered to be
a good aid to construction.
 Only those marginal notes can be used for construing a provision which have been
inserted with assent of the legislature.
 Marginal notes can be called in aid only when language suffers from ambiguity and
more than one construction is possible.
 Marginal notes cannot frustrate the effect of a clear provision.

Conclusion: Marginal notes in statutes provide useful summaries and organizational aids that
enhance the readability and navigability of legislative texts. While they offer helpful context
and facilitate understanding, they do not carry legal authority and are not central to statutory
interpretation. The primary focus for interpreting legal provisions remains on the statute's text
and the intent behind it.

PUNCTUATION: According to Oxford Essential Dictionary, the word, ‘Punctuations’

means “System of arrangement of marks used to punctual a written passage”. Punctuation is
minor element in a statute and hence punctuations and brackets are given little importance/
weight in construction of a statute. Before 1850, there was no punctuations in the manuscript
of any Act/Statute, which received Royal Assent.

Statue punctuation is represented by various symbols such as colons, semicolons, commas,

full stops, dashes, hyphens, brackets and more. In earlier times, statutes were passed without
punctuation, and courts needed to give more importance to them. However, in modern times,
statutes are passed with punctuation.

The rule of interpretation regarding punctuated provisions is that if the court encounters
repugnancy or ambiguity while interpreting a provision with punctuation, the court should
read the provision as a whole without attaching significance to the punctuation. If the
meaning is clear, it should be interpreted accordingly.

Proper punctuation helps ensure that the intent and provisions of a statute are conveyed
accurately and unambiguously. It cannot, however, be regarded as a controlling element for
determining the meaning of a statute.

Page 27 of 128
In Aswini Kumar v. Arabinda Bose, the Supreme Court held that a punctuation cannot be
regarded as a controlling element and cannot be allowed to control the plain meaning of a
text.

Therefore, in Shambhu Nath Sarkar v. State of West Bengal, the Supreme court held that
the word ‘which’ used twice in Article 22(7) of the Constitution, followed by a comma after
each, was to be read conjunctively because the context so required.

Importance of Punctuation in Statutory Interpretation in India

Punctuation helps clarify the intended meaning of legislative provisions by demarcating

clauses, phrases, and sentences. Accurate punctuation ensures that the statutory language is
precise and unambiguous.

Proper punctuation prevents multiple interpretations of a statute, reducing the potential for
legal disputes arising from unclear language.

Indian courts often examine punctuation to interpret statutes accurately. Courts may look at
punctuation to determine whether a provision should be read in a particular way, especially
when the text is ambiguous or open to multiple interpretations.

Indian legal precedents demonstrate how punctuation can influence judicial outcomes. For
instance, in Municipal Corporation of Delhi v. Gurnam Kaur (1989) 1 SCC 101, the Supreme
Court considered the role of punctuation in understanding the scope of statutory provisions.
Courts rely on correct punctuation to ensure that their interpretations align with legislative
intent and the plain meaning of the text.

Indian legislative drafters follow specific punctuation standards to ensure clarity and
coherence in statutes. Proper punctuation is essential in drafting to prevent ambiguities and
ensure that the legislation reflects the intended policy. Accurate punctuation in drafted laws
helps legislators, legal professionals, and the public to understand the provisions as intended,
minimizing the need for judicial interpretation.

Correct punctuation contributes to the overall clarity and readability of statutes, making them
more accessible and easier to interpret for legal practitioners, judges, and the public.
Misplaced or missing punctuation can lead to misinterpretations, resulting in legal disputes
and affecting the application of the law.

Limitations of Punctuation Marks as Internal Aid to Construction

Some jurists have opined that punctuation marks are of no use as internal aids to construction
and it is an error to rely on punctuation marks in construing the Acts of Legislature.

Presence of comma or absence of comma must be disregarded if it is contrary to plain

intention of the statute.

Conclusion: In India, punctuation is crucial for interpreting statutes as it helps clarify

legislative intent, avoid ambiguities, and ensure accurate legal outcomes. Indian courts and
legislative drafters pay close attention to punctuation to maintain the precision and clarity of

Page 28 of 128
statutory provisions. Proper punctuation is essential in drafting and interpreting laws to align
with legislative intent and prevent legal disputes arising from ambiguous or unclear language.

ILLUSTRATIONS: Illustrations help to elucidate the meaning of provisions by applying

them to concrete examples, making it easier to understand how the law should be interpreted
and applied in practice. A very large number of Indian Acts have illustrations appended to
various sections.

Illustrations aid to explain the latent content of a given section. An illustration neither exists
independently nor stand opposite to the section. Illustrations are appended to a particular
section for the purpose of explaining a provision of law in a statute. For instance, 16
illustrations (a) to (p) have been appended to section 378 of the Indian Penal Code, 1860,
which illustrate various aspects of the offence of theft. Therefore, it is said that sections and
illustrations move hand in glove with each other.

Sopher vs. Administrator General of west Bengal, (AIR 1944 PC 67): In the instant case,
the Supreme Court relied on illustration (i) to the section 115 of the Succession Act, 1925,
while determining the scope of section 115.

The Supreme Court in Mahesh Chand Sharma v. Raj Kumari Sharma observed that
illustration is a part of the section and it helps to elucidate the principle of the section.

Importance of Illustrations in Statutory Interpretation

Illustrations provide concrete examples of how a statute should be applied. They help clarify
the scope and application of the legal provisions by showing how they work in practice. By
offering specific scenarios, illustrations reduce ambiguity and help in understanding the
legislative intent behind complex or vague provisions.

Illustrations offer practical guidance on how the provisions of a statute should be

implemented. They assist legal professionals, judges, and the public in applying the law
correctly.

In cases where the text of a statute is unclear or open to multiple interpretations, illustrations
can provide insight into the intended meaning and application of the provisions.

Illustrations can reflect the legislative intent by showing how lawmakers envisioned the
statute being applied. They help interpret the statute in line with the purpose for which it was
enacted.

Conclusion: Illustrations in statutes are essential tools for clarifying the meaning and
application of legal provisions. They provide practical examples that help in understanding
how statutory provisions should be applied in real-life scenarios.

DEFINITION OR INTERPRETATION CLAUSE: Definition clause is also known as

Interpretation clause. Definition or interpretation clauses in statutes define certain words
used throughout the statute to avoid the need for repetitive descriptions and to extend the
natural meaning of some words per the statute’s intention. These clauses also clarify the
legislature’s intention regarding using specific words in the statute and help avoid confusion.

Page 29 of 128
Definition can be restrictive or extensive definition. The rule of interpretation regarding
definition clauses is that when the words “mean” is used it is restrictive definition when the
word “include” is used, it provides the broadest possible interpretation or enlarges the word’s
ordinary meaning, it is an extensive definition. Sometimes both “means and includes” are
used, the definition is exhaustive and does not allow for a wider interpretation.

In M/s. Hamdard (Wakf) Laboratories v. Deputy Labour Commissioner, the Supreme

Court observed that when an interpretation clause uses the word ‘includes’, it is prima facie
extensive.

In Ramanlal Bhailal Patel v. State of Gujarat, the Supreme Court observed that the use of
the word ‘includes’ indicates an intention to enlarge the meaning of the word used in the
statute.

When it uses the words ‘means and includes’, it will afford an exhaustive explanation to the
meaning which for the purposes of the Act must invariably be attached to the word or
expression.

However, if applying the definition clause would lead to an absurd result, the court will not
apply such definitions. Additionally, the definition clause of one statute cannot be used to
explain the same word used in another statute, except in cases of statutes in pari materia
(related subjects).

In the case of Mahalaxmi Oils Mills v. State of A.P., the interpretation of the word
“tobacco” was in question. The definition states that tobacco includes any form of tobacco,
whether cured or uncured, manufactured or not, and leaf stalks and stems of the tobacco
plant. The Supreme Court held that the definition was exhaustive and refused to include
tobacco seeds within the definition of tobacco.

Importance of an Interpretation Clause

o By providing clear definitions, the interpretation clause helps avoid misunderstandings

and misapplications of the statute. This precision is crucial for effective law
enforcement and compliance. It aids lawmakers, legal practitioners, and the public in
understanding the statute's provisions. Clear definitions help ensure that everyone has
the same understanding of key terms.
o Reduces Ambiguity: The clause helps to resolve ambiguities in the statute by defining
terms that could otherwise be interpreted in multiple ways. This reduces the potential
for legal disputes and inconsistencies.
o Guides Interpretation: Courts and legal professionals refer to the interpretation clause
when interpreting statutory provisions. It provides a starting point for understanding the
intended meaning of terms used in the statute.

In State of Bombay v. Hospital Mazdoor Sabha, the JJ Group of Hospitals was held by the
Supreme Court an industry within the meaning of the Industrial Disputes Act, 1947. The
court observed that Section 2 (J) of the Act of 1947 is an inclusive definition clause and is,
therefore, liable to be interpreted in an extended way and not in a restrictive way.

The Supreme Court in Jagir Singh v. State of Bihar

Page 30 of 128
  Was seized of the question of interpreting the word ‘owner’ in the Bihar Taxation on
Passengers and Goods (Carried by Public Service Motor Vehicles) Act, 1961 which
defined it as the owner and includes bailee of a public carrier vehicle or any manager
acting on the owner’s behalf.
 The Court held that the use of the word includes gives a wider concept to the word
and so it means the actual owner as well as the others included in the definition.

In Lucknow Development Authority v. M.K. Gupta, the Supreme Court ruled that:

 ‘Housing construction’ comes within the meaning of ‘service’ as defined in section

2(o) of the Consumer Protection Act, 1986, even though the provision gives an
inclusive definition of the word ‘service.
 In the aftermath of the case, the Parliament amended the section and expressly
included ‘housing construction’ in ‘service’.

Conclusion: An interpretation clause is a critical component of a statute that provides

definitions for key terms and phrases used within the legislative text. It helps ensure clarity,
consistency, and precision in the application of the law by offering clear meanings for
important terms. This clause aids in effective law enforcement, reduces ambiguity, and
guides judicial interpretation.

PROVISO: A proviso is a specific clause included within a statute that qualifies or limits the
general provisions of the main body of the law. Proviso are appended to Section of the
Statute. Words "provided that", "provided further that" are used to denote the proviso. Colon
(:) is used at the end of the preceding Section. Colon indicates that, the proviso follows the
Section. If there are more than one proviso, colon is inserted at the end of each proviso.
Provisos are clauses of exception or qualification in an Act. Proviso is generally intended to

a) restrain the enacting clause;

b) to except something which would have otherwise been within it,

c) modify the enacting clause,

d) divert the operation of the Section. Proviso sometimes works as a qualification, sometimes
as limitation or condition. Proviso also works as a covenant.

A Proviso is a clause, which generally contains a condition that, a certain thing shall or shall
not be done in order that something in another clause shall take effect. A proviso is not to be
taken absolutely in its strict literal sense. It must be construed with reference to the preceding
parts of the clause to which it is appended. If the proviso can be clearly interpreted, it should
not be interpreted so as to enlarge the scope of the enactment. If the language of the proviso
gives the more extensive operation to the main provision to which it is appended, then such a
wider effect must be given to a proviso.

If the proviso is contradicting the main provision, the proviso shall prevail over the main
proviso. This is so because, it speaks about the last intention of the legislature. Unless, the
words of the proviso are clear, it should not be so interpreted to show that the legislature has
given with the one hand and taken away by another hand. A provision may contain a
substantive provision in itself. The proviso is subordinate to the main Section. If the Section

Page 31 of 128
is ambiguous, then proviso can be used as a guide for its interpretation. Proviso should be
interpreted in harmony with the main section to which it is appended.

If there is any repugnancy between the two provisos, the latter shall prevail.

The role of Proviso - Following six purposes to be analyzed -Proviso is generally intended to:

1) Restrain the enacting clause;

2) To except something which would have otherwise been within it,

3) To qualify or make exception to the main enactment;

4) To modify the enacting clause;

5) Divert the operation of the Section. Proviso sometimes works as a qualification. sometimes
as limitation or condition. Proviso also works as a covenant;

6) May provide mandatory conditions to make enactment workable; Case Law: 7. Devadaran
v/s. Union of India, Babulal Nagar vis. Shree Synthetics Ltd.

The real nature and function of a proviso has been effectively laid down in following case
laws:

In Union of India v. Sanjay Kumar Jain, the function of proviso was declared that it
qualifies or carves out an exception to the main provision.

In Union of India v. Dileep Kumar Singh, it has been held that though a proviso does not
travel beyond the provision to which it is appended, golden rule is to read the whole Section,
inclusive of the proviso in such manner that they mutually throw light on each other and
result in a harmonious construction.

In Shimbhu v. State of Haryana, the Apex Court held that a proviso should be construed in
relation to the main provision.

AS observed by SC in S Sundaram Pillai vs VR Pattabiraman, a proviso may serve 4

different purposes:

 qualifying or excepting certain provisions from the main enactment;

 it may entirely change the very concept of the intendment of the enactment by insisting
on certain mandatory conditions to be fulfilled in order to make the enactment
workable;
 it may be so embedded in the Act itself as to become an integral part of the enactment
and thus acquire the tenor and color of the substantive enactment itself; and
 it may be used merely to act as option addenda to the enactment with the sole object of
explaining the real intentions of the statutory provision.

Limitations of Proviso as Internal Aid to Construction

 Proviso is constructed in relation to the section to which it is appended.

Page 32 of 128
  The ambition and scope of enacting sections cannot be widened or curtailed by the
proviso.

Conclusion: Courts and legal practitioners use provisos to understand the intended
application of the statute, making them crucial for accurate interpretation and implementation
of the law.

EXPLANATIONS: Explanations are inserted with the purpose of explaining the meaning of
a particular provision and to remove doubts which might creep up if the explanation had not
been inserted. It does not expand the meaning of the provision to which it is added but only
tries to remove confusion, if any, in the understanding of the true meaning of the enactment.

Explanations help clarify the meaning of ambiguous or complex terms used in the statute.
They provide additional context or details that make the provision easier to understand. They
are used to ensure that the terms or provisions are interpreted in the way intended by the
lawmakers, reducing the risk of misinterpretation.

Explanations are usually found immediately after the provision they are meant to clarify.
They may be placed at the end of a section or within the same section as a supplementary
clause. Explanations are often phrased in a clear and straightforward manner, aiming to
simplify or elucidate the meaning of the related provisions.

A large number of Indian Acts have explanations attached to various sections. An

explanation either adds something or excludes something from the purview of the Section. An
explanation should be read in harmony with the main Section. If the main enactment have
any ambiguity or vagueness, an explanation can be resorted to clarify the same. Explanation
provides for additional support to the object of the main enactment. For example, four
explanations are appended to Section 499 of the Indian Penal Code, 1860 which deals with
defamation. These explanations explain what would amount to defamation. Sometimes,
explanations are inserted not at the time of enactment of a Statute, but at a later stage also.
For example, two explanations to Section 405 of the Indian Penal Code, 1860 which deals
with Criminal Breach of Trust, were inserted in 1973, and 1975, respectively.

There may be a case where in spite of many clauses in a section only one explanation is
attached to the section as is the case with section 20 of the Code of Civil Procedure, 1908. In
such a case it must be seen as to which clause the explanation is connected with.

In Bengal Immunity Company v. State of Bihar, the Supreme Court has observed that an
explanation is a part of the section to which it is appended and the whole lot should be read
together to know the true meaning of the provision.

In S. Sundaram v. V.R. Pattabhiraman, the Supreme Court observed that it is now well
settled that an explanation added to a statutory provision is not a substantive provision in any
sense of the term but as the plain meaning of the word itself shows it is merely meant to
explain or clarify certain ambiguities which may have crept in the statutory provision.

The object of an explanation to a statutory provision is:

 to explain the meaning and intendment of the Act itself;

Page 33 of 128
  where there is any obscurity or vagueness in the main enactment, to clarify the same
so as to make it consistent with the dominant object which it seems to subserve;
 to provide additional support to the dominant object of the Act in order to make it
meaningful and purposeful.
 An explanation cannot in any way interfere with or change the enactment of any part
thereof but where some gap is left which is relevant for the purpose of the
explanation, in order to suppress the mischief and advance the object of the Act it can
help or assist the court in interpreting the true purport and intendment of the
enactment, and
 it cannot, however, take away a statutory right with which any person under a statute
has been clothed or set at naught the working of the Act by becoming an hindrance in
the interpretation of the same.

Limitation of Explanation as Internal Aid to Construction

 Explanation cannot have the effect of modifying the language of section.

 Explanation cannot control the plain meaning of words of the section.

Conclusion: Explanations offer detailed explanations of terms and provisions, they support
accurate interpretation and ensure that the legislative intent is effectively realized.

SCHEDULES: The schedule can be used to interpret provisions within the main body of the
Act. Schedules are drafted by legislature to clarify the detailed provisions of one section or
one or more sections or for entire act.

Schedules generally deal with the manner in which the rights or claim under the act are to be
asserted. It also deals with the manner in which the power conferred under the act are to be
exercised. Schedules, typically found at the end of an Act, contain intricate details necessary
for implementing the provisions laid out in the main body. However, it’s important to note
that the content in the schedule cannot override the explicit provisions stated in the main
body of the Act.

Schedules serve as integral components of statutes, emphasizing the authority vested in the
Act and outlining the practical implementation of its policies and subjects. For example, in
cases where there is a conflict between the main body of the Act and its schedules, the
provisions of the main body take precedence.

For instance, Article 1 of the Indian Constitution declares India as a Union of states, while
Schedule 1 lists the names of these states and their territorial jurisdictions. In any conflict
between the main body and the schedules, the provisions of the main body, such as Article 1,
would prevail.

Examples: Indian Constitution: First Schedule: Defines the territorial boundaries of states
and union territories. This schedule helps in interpreting provisions related to state
boundaries and administrative divisions. Second Schedule: Lists the forms of oaths for
various officials. This helps in interpreting the procedural aspects related to the appointment
of officials.

Importance of Schedules as Internal Aids

Page 34 of 128
They provide detailed explanations and supplementary information that enhance the
understanding of the main provisions. This helps in interpreting complex or technical aspects
of the law.

They offer practical guidelines and criteria for applying the provisions, ensuring that the law
is implemented as intended by the legislature.

By offering standardized details and guidelines, schedules help in ensuring consistent

application of the law across different cases and scenarios.

They help resolve ambiguities by providing additional context and information that clarifies
the intent and application of the main provisions.

In M/s. Aphali Pharmaceuticals Limited v. State of Maharashtra, the Supreme Court held
that in case of a clash between the schedule and the main body of an Act, the main body
prevails and the schedule has to be rejected.

In Jagdish Prasad v. State of Rajasthan and others, the Supreme Court ruled that the
purpose of a schedule is to advance the object of the main provision and deletion of schedule
cannot wipe out provisions of an Act in effect and spirit.

Conclusion: Schedules serve as important internal aids to statutory interpretation by

providing detailed, supplementary information that supports and clarifies the main provisions
of a statute. By including schedules, legislatures can ensure that complex details are
organized and accessible, facilitating accurate and consistent application of the law.

EXCEPTIONS & SAVING CLAUSES:

Exceptions are additional provisions included in a new statute to exclude certain cases from
the scope of the main or original provision. They are included in statutes to exempt certain
matters that would otherwise fall within the scope of the main provision The latter should be
relied upon in case of a conflict between an exception and the main enactment. However, in
many cases, exceptions are considered the last intention of the legislature and may be given
aid in the interpretation of statutes.

For example, in Section 499 of the Indian Penal Code, 1860, which defines defamation, there
are ten exceptions listed that specify cases that do not amount to defamation. Similarly,
Section 2 of the Penal Code, 1860, which deals with intra-territorial jurisdiction, includes five
exceptions.

When interpreting statutes, it is crucial to consider punctuation, schedules, saving clauses,

provisos and exceptions in conjunction with other relevant factors to determine the legislative
intent and give effect to the law.

Director of Secondary Education Vs. Pushpendra Kumar (1998) (SC) - Hon’ble supreme
court held that a provisions in the nature of exception can’t be so interpreted as to Sub-serve
the mains enactment and thereby nullify the right conferred by the main enactment.

Page 35 of 128
Collector of custom Vs. Modi Rubber Ltd (2000) (SC) - Supreme courts held that
whenever there is a provision in the nature of exception to the principal clause thereof, it
must be construed with regard to that principle clause.

Saving clauses are typically inserted during the repeal of a statute. They are inserted in the
repealing statute to ensure that rights already established under the repealed enactment are
not disturbed, and new rights are not created. In case of a conflict between the main part of a
statute and a saving clause, the saving clause is rejected.

example repeal of various Acts of old indirect taxation such as VAT, central excise
except entry no.84, Medicinal and Toilet Preparations (Excise Duties) Act, 1955, the
Additional Duties of Excise (Goods of Special Importance) Act, 1957, the Additional Duties
of Excise (Textiles and Textile Articles) Act, 1978, and the Central Excise Tariff Act, 1985,
finance Act1994 (service tax), entry tax, entertainment tax and enactment of CGST/ SGST.

For example, section 174 of the CGST/ SGST Act has repeal and saving clauses. They are
inserted in the repealing statute to ensure that rights and liabilities already established under
the repealed enactment are not disturbed, and new rights or liabilities are not created in the
new enactment. All the proceedings, notice, demand under old law Shall continue and remain
Valid. In case of a conflict between the main part of a statute and a saving clause, the saving
clause is rejected.

In Shah Bhojraj Kuverji Oil Mills v. Subhash Chandra Yograj Sinha, under which the
apex court refused the use of the saving clause which was enacted similarly to that of the
proviso in determining whether the section under the Act is retrospective in its operation.

Conclusion: Internal aids to interpretation serve as indispensable tools for unravelling the
complexities of legal texts. By scrutinizing linguistic, contextual, and structural elements,
interpreters discern legislative intent, clarify ambiguities, and uphold the rule of law. Through
scholarly exploration and pragmatic application, internal aids guide legal practitioners and
policymakers, ensuring fidelity to legislative intent and fostering a just and transparent legal
system.

Difference between Proviso and Exceptions?

Proviso Exception
A proviso is a specific clause included An exception is a provision that exempts
within a statute that qualifies or limits the certain things or cases from the scope of the
general provisions of the main body of the main enactment.
law.
A proviso is a provision that follows the It is a part of enacting clause.
main enactment or section.
A proviso can modify or alter the operation An exception creates a carve-out or
of the main enactment. exclusion from the general rule stated in the
main provision.
It is closely connected to and governs the It sets specific circumstances or situations
main provision, providing additional that will not be subject to the main
conditions or limitations. provision.
A proviso is integral to the enactment and Exceptions are generally self-contained and

Page 36 of 128
 must be read and understood in conjunction do not directly impact the interpretation or
with the main provision. application of the main provision.

Note on Non Obstante Clause? 2 & 6 Marks

Definition: The non-obstante clause is a Latin phrase meaning "notwithstanding" that is

used in legal documents to indicate that a particular provision should take precedence over
any conflicting provisions. It precludes the use of contrary interpretations from other statutes
or laws.

Non-Obstante clause is a device of the legislature. It gives the overriding effect to some
provisions of an Act, and overcomes contrary provisions that may be found either in the same
enactment or some other enactment. Non-obstante clause is incorporated to avoid the effects
and operation of all the contrary provisions.

A clause beginning with the expression, "Notwithstanding anything contained in this Act, or
in any other law for the time being in force", is appended to a Section in the beginning. Such
an expression is a non-obstante clause. The idea behind non-obstante clause is to give the
overriding effect to the enacting part of the Section over the Provision or Act mentioned in
the non-obstante clause, in case of conflict.

In simple terms, it can be said that, in case of conflict between the provision of Act
mentioned in the non-obstante clause and operative part of the Section, non-obstante clause
will not prevail and the operative part shall have the full operation. Thus, non-obstante clause
can be used to control the Provision or Law mentioned in the non-obstante clause. In case of
ambiguity between the enacting part of the Section and the non-obstante clause, the non
obstante clause may explain the scope and ambit of the enacting part of the Section. If the
scope of the enacting part is clear, it cannot be curtailed or extended by resorting to non-
obstante clause.

For instance, Section 129 of the Central Goods and Services Tax (CGST) Act, 2017 states
that, “notwithstanding anything contained in this act where any person transports any goods
or stores any goods while they are in transit in contravention of the provisions of this Act or
the rules made thereunder, all such goods and conveyance used as a means of transport for
carrying the said goods and documents relating to such goods and conveyance shall be liable
to detention or seizure and after detention or seizure, shall be released”. Thus, the Act has a
non-obstante clause which subsequently overrides the whole of CGST Act, 2017.

In cases where two or more provisions applied to the same area contain non-obstante clauses,
there arises confusion as to which provision will prevail over the others. In such instances,
the court must look into the object and purpose of all the laws involved. The court must apply
the rule of harmonious construction while interpreting the conflicting laws. This view was
taken in the case of Shri Swaran Singh and Anr. v. Shri Kasturi Lal (1977)

Important Case Law related to Non-Obstante Clause

1. In the cases of RS Raghunath v. State of Karnataka (1992) and Dominion of Іndіa v.

Shrіnbaі Іranі (1954), the Court held that when the words “notwithstanding anything
contained in the Constitution” has been added to a provision by a constitutional amendment,
the provision must still be interpreted harmoniously with the basic features of the

Page 37 of 128
Constitution. However, it cannot be held void on the ground that it infringes any
constitutional provision. This is because the non-obstante clause protects the provision from
such impediments.

2. Ashwini Kumar Ghose v/s. Arbinda Bose - In this case, the Supreme Court held that, if
the words of the enacting part of the Statute are clear, and capable of only one interpretation,
and both, the enacting part, and the non-obstante cannot be read harmoniously, then the non-
obstante clause cannot curtail the construction of the enacting part. The enacting part shall
control the non-obstante clause.

3. Union of India v/s. G. M. Kokil - In this case, the Supreme Court held that, in case of
conflict between the enacting part of the Section and non-obstante clause, the enacting part of
the Section shall prevail over the provision of the Act mentioned in the non-obstante clause.

There are several provisions in the Indian Constitution that carry non-obstante clauses. The
following are some of such provisions:

1. Articles 5 to 11 of the Indian Constitution deals with the right of citizenship. Article 5
entitles the right of citizenship to anyone born or born to parents who were born in India,
or anyone staying in India for more than five years. Article 6 deals with the citizenship
of persons who have migrated from Pakistan to India. The Article begins with the words
“rights of citizenship of certain persons who have migrated to India from Pakistan
Notwithstanding anything in Article 5” before we see its enacting part. It essentially
means that the provision in Article 6 prevails over the provision in Article 5 for those
who have migrated from Pakistan to India. The same can be seen in Article 7 which
states “notwithstanding anything in Article 5 and 6”.
2. Article 34 of the Indian Constitution deals with the restriction of Fundamental Rights
when martial law is imposed. It uses the words “notwithstanding anything in the
foregoing provisions of this Part” to indicate that the provision in Article 34 will prevail
over the Fundamental Rights guaranteed by the preceding provisions in situations where
martial law has been imposed.

Conclusion: To sum up, non-obstante clauses are one of the internal aids present for
interpreting a statute which helps with interpreting two or more laws associated in regards to
the same field which appears to be conflicting. It is used by the legislature to give an
overriding effect to a new provision that could potentially clash with another law. However, it
is to be noted that this overriding effect happens when the provisions cannot be interpreted
harmoniously at all. A non-obstante clause does not in any way repeal or discontinue any law
that is carried by it.

Note on External Aids to Interpretation of Statute? Explain? 12 Marks

External aids to the interpretation of statutes refer to materials and sources outside the text
of the statute itself that can help elucidate the meaning, purpose, or context of legislative
provisions. These aids assist courts in understanding legislative intent and applying statutes
more accurately. External aids provide valuable assistance in the interpretation of statutes.
They help resolve uncertainties and fill gaps in the statutory text.

The legislative history, including committee reports, debates and statements made by
lawmakers during the drafting process, is a commonly used external aid. It provides insights

Page 38 of 128
into the statute’s objectives, purpose and context, assisting in determining the lawmakers’
intent. Case law is another important external aid. Judicial decisions on related statutes or
similar legal issues can help understand the interpretation given by courts in previous cases.
These precedents serve as a guide for future interpretations and contribute to the development
of legal principles.

Other external aids include dictionaries, legal treatises and scholarly articles. Dictionaries
help ascertain the ordinary meaning of words used in a statute. Legal treatises and scholarly
articles provide academic analysis and expert opinions on statutory interpretation, aiding in
understanding complex legal concepts.

External aids are resorted to when ambiguity persists even after exhausting the internal aids.
In order to find out the intent if the legislature in true sense, external aids like parliamentary
debates, dictionaries, etc. can be looked upon.

B. Prabhakar Rao v. State of Andhra Pradesh - “Where internal aids are not forthcoming, we
can always have recourse to external aids to discover the object of the legislation. External
aids are not ruled out. This is now a well settled principle of modern statutory construction.”

Importance of external aid of interpretation of statutes - External aid serves as a vital tool
for interpreting global events, trends, and dynamics by providing insights into the socio-
economic, political, and cultural landscapes of different regions. Through financial
assistance, technical expertise, and humanitarian support, external aid enables organizations
and governments to gather valuable data, conduct research, and analyze complex issues.

Firstly, external aid facilitates information gathering and analysis by supporting initiatives
such as data collection, surveys, and studies, which help in understanding the needs,
challenges, and opportunities present in recipient countries. This data-driven approach
enhances the accuracy and depth of interpretation regarding various aspects of development,
human rights, and conflict resolution.

Moreover, external aid fosters cross-cultural exchange and collaboration, enabling

interpreters to gain firsthand experiences and perspectives from diverse communities and
stakeholders. This cultural immersion enhances their ability to interpret nuances, language
subtleties, and contextual factors that influence decision-making and behavior in different
contexts.

Furthermore, external aid promotes capacity building and skill development among
interpreters, enabling them to navigate complex socio-political environments, bridge
communication gaps, and facilitate meaningful dialogue between stakeholders. This enhances
the accuracy, relevance, and effectiveness of interpretation efforts in addressing critical issues
and promoting mutual understanding. External aid serves as a vital tool for interpreting global
events, trends, and dynamics by providing insights into the socio-economic, political, and
cultural landscapes of different regions. Through financial assistance, technical expertise, and
humanitarian support, external aid enables organizations and governments to gather valuable
data, conduct research, and analyze complex issues.

External aids are one of the judicial tools used to ascertain the actual meaning or solve the
confusion in the particular provision. This tool is used by the judiciary to solve the problems
arising from the meaning of the particular provision by using the external judicial sources

Page 39 of 128
apart from that statute when the internal aids are not enough to solve the Chaos in that
provision.

However, when there is an attempt to canon of interpretation of statutes is like a journey

through a jungle we have to take note of everything which are related to that statute, relating
the current situation with that statute, effects of the statute, reason for continuing that statute,
public opinion about that statute, Background of that statute and the main object of that
statute. The Court examine these all sources then if the court thinks, there is necessary for the
changes in that statute then it will be changed by the proper procedure. And the court will
clear the Chaos arising by the particular provision in that statute for its meaning.

External aids to interpretation are as follows – 1.) Dictionaries, 2.) Text Books, 3.) R.
Travaux Preparation (historical setting), 4.) Foreign Decisions/Judgments, 5.) Translations,
6.) Law Commission Report, 7.) Inquiry Commission Report, 8.) Social, Political and
Economical and Scientific Developments 9.) Historical Background, 10.) Parliamentary
History.

DICTIONARIES: when word used in the statute is not defined in the act, reference can be
made to a dictionary to find out the meaning of the word in general sense which is commonly
understood.

Words used in the Statute, must be interpreted and understood in general sense. General sense
of the word can be understood from the dictionary. Therefore, whenever the Court needs to
understand the general sense of the word, reference to dictionary can be made.

Dictionary meaning should be selected only with regard to the context in which the word is
used in the Statute. It is the fundamental rule of interpretation that the meaning of the words
and expressions used in the Act, should take their color from the context in which they
appear.

Dictionary gives the diverse meanings of the words, therefore, the context in which the words
are used is very important. Courts must always choose the meaning of the words with
reference to the context in which the words are used.

Dictionaries are not dictators of statutory interpretation. A Statute cannot always be construed
with the dictionary in one hand and the Statute in the other hand. If the dictionary meaning
makes some of the existing words redundant, it cannot be used. Dictionary meaning should
not be relied upon, if the words are defined in the Act itself.

Motipur Zamindary Co. Pvt. Ltd. v. State of Bihar - Question was whether sales tax could be
levied under the Bihar Sales Tax Act, 1947 on the sale of sugarcane. The applicant argued,
sugarcane being green vegetable was under exempt. Dictionary meaning was quoted in
support of the argument.

The Supreme Court rejected the dictionary meaning. Held that in the context of the Act,
vegetable mean only such vegetable as can be grown in kitchen garden and used during lunch
and dinner as articles of food.

Ramavatar v. Assistant Sales Tax Officer - The question was whether betel leaves are
vegetables and therefore exempt from imposition of sales tax. The dictionary meaning of

Page 40 of 128
vegetable was sought to be relied on. The Supreme Court held that, the dictionary meaning
could not be said to reflect the true intention of the framers of the sales-tax law and betel
leaves should be understood in the same sense in which they are commonly understood.
Therefore, sales-tax could be levied on the sale of betel leaves.

TEXT BOOKS: Large number of books are available on a particular subject matter of law.
Text books may be referred to by the courts to arrive at the true meaning of an enactment. It
is, however, not necessary that the views expressed therein are the views of the courts also.
There have been instances of both acceptance and rejection by the courts of the opinions
expressed in text books. Courts are not bound by any text book however eminent author may
be. It is the discretion of courts to accept or reject the views given in the text books.

The court while construing an enactment, may refer to the standard textbooks to clear the
meaning. Scholarly works offer insights, analyses, and expert opinions that can help elucidate
complex statutory provisions or concepts. Although, the courts are not bound to accept such
view.

Many times Manu, Yajnavalkya, Kautilyas ‘arthshastra’ , Lokmanya Tilak’s ‘Gita Rahasya’
also books by Mulla have been quoted by courts.

Keshavanand Bharti v. State of Kerala: A large number of text books were quoted but most
of the judges of the Supreme Court deciding this case were of the opinion that in view of
many opinions and counter opinions it was not desirable to follow the opinions and that the
safest way for the court was to interpret keeping in mind always the whole context of the
issues.

Ramlal v. State of Rajasthan: Question regarding ‘camel milk’ whether included in

“Prevention of Food Adulteration Rules, 1955. Courts referred American Encyclopedia,
world book encyclopedia, research papers. The court came to the conclusion that the camel
milk is nutritious and was included in the said rule.

R. TRAVAUX PREPARATION (HISTORICAL SETTING): It’s a French word. Travaux

preparatories means preparatory works (Mostly used for creating a treaty). It constitutes the
materials used in preparing the ultimate form of statute. It is used to clarify the intent of the
makers of the statute.

Three aspects: i) surrounding circumstances, ii) State of the law. iii) parliamentary history.
all these three aspects taken together for interpretation is known as R. Travaux Preparation.
It is to: -

i) find out the intention of legislature.

ii) The state of the law and judicial decisions made prior to the passing of the law.

iii) Take judicial notice of the evidence showing the surrounding circumstances and
historical investigation of these circumstances.

iv) The object of the legislation, how the legislature achieved that object can be determined
by resorting to the parliamentary history.

Page 41 of 128
  If the words are clear, R. Travaux Preparation have no role. If uncertain/ambiguous, R.
Travaux Preparation can be useful in ascertaining the object and intention of the
legislature.

In R.S. Nayak v. A.R.Antulay, Historical evolution of section 21 of IPC was adopted as an

external aid to construction. SC held, MLA was not and is not a public servant as defined in
that section.

In State of W.B. v. Niripendra Nath Bagchi, it is held that to find out the meaning of law,
recourse may legitimately be had to the prior state of law, the evil sought to be removed and
the process by which the law was evolved.

FOREIGN DECISIONS/ JUDGEMENT: - Every enactment made by the parliament is

based on some or other case, so by referring to the previously giving judgments by the higher
courts helps us to analyze and form laws. These judgements may be Indian judgements or
foreign judgements. foreign Judgement means the Judgement of a foreign Court. Foreign
decisions can be taken into consideration when other countries also follow the same system
of jurisprudence. But the priority should be given to the Indian judgements.
We find very often quotes of foreign decision in Indian cases but the prime importance is
given for the Indian statutes, under which circumstances and conditions they are enacted. No
doubt, there is a element of risk in taking assistance from the foreign decisions. Foreign
decisions are not "compelling decisions" for us but they are considered as "persuasive
decisions".
In the pre-constitution period, it was common practice to refer the English decisions. There is
no doubt when there is ambiguity arise in any particular provision in the Indian law, English
law and precedents has been of valuable assistance.
The Indian Courts are obliged to consider the following factors while considering
foreign precedents:

 Link of the English Common Law and Jurisprudence.

 Similarity of political thought.
 The use of English language as authoritative text of Indian statutes.

Indian courts have permitted in the interpretation of Indian statutes with sobered use of those
foreign decisions of the countries which follow the same system of jurisprudence as the
Indian Jurisprudence and which are interpreted on statutes in pari materia.

In Banglore water supply case, The SC said, “statutory construction must be home-spun even
if hospitable(friendly) to alien thinking.

Liverpool & London SP&I Assn Ltd. v. Sea Success I: The Supreme Court is not bound by
foreign court decisions, they have only persuasive value. But if they are in consonance.

With Indian Law, the courts can borrow the principles in view the changing global scenario.
However, in some cases Indian courts have not accepted an interpretation given by English
Courts of same or similar words. For example, in MV Elisabeth v. Harwan Investment &
Trading Pvt. Ltd., court differed from English decisions and interpreted the words ‘damage
caused by a ship’ as not limited to physical damage done by a ship by reason of its coming

Page 42 of 128
into contact with something, but also to include damage to cargo carried in a ship. (as there
was no Act in India covering claims for damage to cargo carried in a ship.)

Registrar of Trade Marks v. Ashok Chandra Rakhit Ltd.: it was held that, as the law of trade
marks adopted in the Indian Trade Marks merely reproduce the English Law, with only slight
modifications, a reference to the judicial decisions on the corresponding section of the
English Act is apposite and helpful.

TRANSALATIONS: means Translating or transforming the text from one language to

another. For example, from English to Hindi or vice versa.

Article 348 of The Constitution of India provides for compulsory use of English language in
all proceeding and authoritative text (e.g., bills, Acts, orders etc) of HC & SC.

Article 348(3) provides that, where the Legislature of a State has prescribed any language
other than the English language, then, a translation of the same in the English language
published under the authority of the Governor of the State in the Official Gazette of that State
shall be deemed to be the authoritative text thereof in the English language under this article.

58th amendment of Constitution (1987) introduced Article 394(A) which provides for
publication of the translation of the Constitution in Hindi language. Also, translation in Hindi
be considered to have the same meaning as that of the original text in English language and
this Hindi translation of Constitution shall be authoritative for all purpose. And, if any
difficulty arises in so construing any part of such translation, the President shall cause the
same to be revised suitably.

Case law – Jetha Parkha vs Ramchandra – in this case the negotiable instrument act
translated in Gujrati and Marathi was used.

LAW COMMISSION REPORT: - Function: To monitor the working of the enactment.

Submit report to legislature time to time. Based on the report of the Law commission,
parliament decides about the amendment, repeal etc of the Act. Report of Law commission is
the accurate source of information for the determination of the mischief or the defect that is
remedied by enacting the law. Can be admitted as an external aid of interpretation while
deciding a case.

Smt. Premlata Sharma v. Bhagwat Prasad Sharma Dehradun: The court can look into
recommendations of the law commission while interpreting a provision which has been
amended on its basis.

Mithilesh Kumari v. Prem Behari Khare: Law commission report may be referred to as
external aid to construction of the provisions. What importance can be given to it will depend
on the facts and circumstances.

INQUIRY COMMISSION REPORT: - A commission may be appointed by the parliament

to inquire into the evil or defect for which parliament wants to enact law. The inquiry
commission studies the prevalent circumstances about and submit its report to the parliament.
On the report of Inquiry commission, parliament drafts the bill. Thus the report of Inquiry
Commission, parliament drafts bill. Thus, the report of the inquiry commission, on the basis
of which, the statute was enacted can be used as an external aid

Page 43 of 128
Example: In TOPA, section 53-A was inserted on the basis of recommendation of special
committee set up by government of India (to provide protection to a transferee).

Deena v. Union of India: The Supreme Court referred several reports of commissions and
opinions of experts and relied upon them while discussing that, death by hanging was not
violative of Article 21 of the Constitution.

The report of Expert Committee on Financial Provisions was referred to in UOI vs Harbhajan
Singh Dillon’s Case.

SOCIAL, POLITICAL AND ECONOMICAL AND SCIENTIFIC DEVELOPMENTS:

When the statute is being interpreted it should consider the present system in society. It
should take into consideration the changes in the situations and circumstances which have
occurred after the implementation of any act. And most importantly the changes in the social
conditions and the scientific changes in terms of technology should be given at most
importance. When court starts doing this kind of interpretation this helps the legislature to
bring out the new amendments for the statute.

HISTORICAL BACKGROUND: There will be a history, before the emergence of the word
or concept or provision in the law. To know the real and accurate and complete correct
meaning of the provision looking into the historical background or historical facts are very
important. The court has the liberty to look into the history of the law and legislation.
The court can seek help form the other historical facts. When it is the opinion of the court to
look the historical fact is necessary to get the true meaning of an enactment. The court may
also consider whether an Act was to change the law or to leave the law when it is
undisturbed. In constructing any enactment regards not only to the words used but also the
history of the act and reason for the act which led to it being passed. The subject matter of the
legislation which was dealing and the facts of the legislation existing at the time of enactment
is also consider to ascertain the object and purpose of the Act.
The subject matter of the statute is not fully understood without knowing the surrounding
circumstances at that time. If there is any ambiguity arise in any provision looking into the
history at that particular time is very essential because in that situation the provision mean
something but now due to many economic, technology and social changes that provision is
quite complex to understand the efficiency of the provision and for what purpose it is useful.
So the historical facts, surrounding circumstances and the chain of the events which is
leading for the introduction of the bill are consider by the court. Historical evolution of a
provision in a statute is also useful to guide the court to ascertain the true meaning of the
provision. The court are free to look into the earlier state of law to find the true meaning of
the act or legislation. This will help to understand the meaning and to solve the confusion
arising from the particular provision.
The supreme court stated that "History of legislation and other like external sources may be
looked into by a court in case of ambiguity."
In Thomas vs. Lord Clanmoreis, it was held that "Construing any statute regard must be
had not only to the words used but to the history of the Act and the reasons which lead to it
being passed."
To understand the actual meaning we want to know the intention of the legislature, the state
of law and the judicial decisions handed down at that time the statute was being passed are
material matters to be consider to solve the ambiguity. So the court in construing a statute
refer to the history of the time when it was passed.

Page 44 of 128
Legislative history: To know the true context in the past the courts used to look into the
legislative history of a statute. However, modern perspectives suggest that this practice is
impermissible for interpretation. Consequently, legislative debates, reports of select
Committees, and statements of objectives and reasons are deemed inadmissible as aids to
interpretation. The foundation of this rule appears to be that whatever the legislators intended
has already been articulated through words. Moreover, any endeavor by legislators to sway
courts with their personal opinions must be opposed.
In Kesavanand Bharati vs. State of Kerala, Sikri C.J. said that speeches made by members
of a legislature in the course of debates relating to an enactment of a statute cannot be used as
aids for interpreting any of the provisions of the statute. He quoted with approval the famous
lines that those who did not speak may not have agreed with those who did; and those who
spoke might differ from each other. On the other hand, Justice Shelat, Grover, Jaganmohan
Reddy, Palekar and Mathew were of the opinion that speeches in the Constituent Assembly
could always be perused to find out the true intention of the framers of the Constitution
regarding interpretation of the Constitution of India. It seems that this opinion is limited to
the interpretation of the Constitution only and does not apply to other statutes.

PARLIAMENTARY HISTORY: English Practice: The traditional English perspective

holds that the intent of the parliament that enacted the act should not be inferred from the
parliamentary history of the statute. English courts were reluctant to rely on Parliament or
legislative history or interpretation. The contemporary trends suggest that, in interpreting
statutes, there is a growing acceptance of considering Parliamentary history with an open-
mind approach. Legislative records like Reports of legislative committees, Official
Communication of the Executive related for the enactment of the statute may provide some
help to understand the circumstances in the time of enacting the statute. Since the draft
contains the whole history of the discussion, deliberation, reason and policy behind the
provision that enact. This remembered that these reasons leads to enact this provision or
statute.

Indian Experience: English Courts exclude the Parliamentary history as a aid for the statute.
In the beginning, our Apex Court accept the view of the English Court to exclude the
Parliamentary history in construction of a statute. But in case of certain ambiguities, the
Supreme Court to look into the Parliamentary history with some limits. The Judicial dicta of
our Constitutional courts guide us with the following proposition:

 The intention of the Legislature is to be ascertained not only by the word, phrase, and
language of the statute but also by the circumstances, social, political, and historical
context existing at the time of the legislation.
 However, the legislative proceedings are not to be used as an aid to interpret the
statute or its provision.
 At times, the reasons stated by the makers or framers of the enactment may be
inconsistent with the facts existing at a given point in time, so the outdated reasons of
the original makers who framed it may be discarded.
 The casual statements of the legislature at the time of discussion are not aids to
interpret the statute, but the statements that moved the bill to be introduced must be
referred to.
 Similarly, the report of the select committee is not legitimate material, so it cannot be
used as an aid for interpreting the construction, such as finding the meaning of a
word; here, the committee's report cannot be used as an aid because it cannot help to
find the meaning of the word.

Page 45 of 128
  The motives of the legislators are not used as an aid in finding the actual meaning of a
particular provision or to understand the object of the statute.

Debates: - Any Act, before it is passed is thoroughly discussed on the floor of the Parliament
or the state legislature.

Traditionally courts used to consider but in modern times, such debates are not admitted as an
aid to interpretation because Those who did not speak, may not have agreed. Those who
speak, might differ from each other. The only proper way to construe is language used in the
Act.

They are not admissible for construction but when, when, one has to determine the object and
purpose of an Act, they can be looked into for proper understanding of the circumstances at
the time of enactment.

State of W.B v. Union of India: A statute as passed by the Parliament is the expression of
collective intention of the legislature as a whole. Any statement made by any individual
cannot be used to cut down the generality of the words used in statute.

A.K. Gopalan v. State of Madras: The Supreme Court rejected the speech made in the course
of debate as an aid to interpretation. The court observed that such speech does not reflect the
mental process lying behind the majority of the voters that passed the bill.

State of T.C. (Travancore-Cochin) v. Bombay Company Ltd.: The speeches made by the
members of the Constituent Assembly in the course of the debates on the draft Constitution
cannot be made use of in interpreting an Article of the Constitution.

Conclusion: Over all the External Aids are used to easily understand the particular provision
or context or phrase in the statute or legislature when ambiguity is arisen. It provides the
valuable guidance to understand the meaning of the word and intention of the statute.
External aids help to resolve the problem when it is not solved by using the internal aids.
External aids are utilized by courts and legal professional to understand the reason of the
particular provision and avoid the confusion regarding the meaning of the words or phrase or
provision in the statute.

Note on Subsidiary/Secondary rules of interpretation? Enlist them and explain?

2 & 12 Marks

Subsidiary rules of interpretation are crucial in legal contexts, offering guidance when
primary rules may be ambiguous. They provide a nuanced understanding of legal texts,
especially treaties, by considering factors such as the preamble, subsequent agreements and
customary international law.

The use of subsidiary rules of interpretation allows for a more contextual and purpose-driven
analysis, promoting fairness and justice. They facilitate the resolution of ambiguities and
conflicts, ensuring the intended meanings of legal provisions are upheld, contributing to the
effectiveness and reliability of legal systems worldwide.

Meaning of Subsidiary Rules of Interpretation of Statutes - Subsidiary rules of interpretation

serve as supplementary guidelines when the literal meaning of a legal statute is unclear.

Page 46 of 128
Acting as secondary principles to the primary rules, which priorities the plain and direct
meaning of statutory language, subsidiary rules come into play when ambiguity arises.

These secondary guidelines encompass considerations such as the preamble of a statute,

subsequent agreements between parties, customary international law and the context and
purpose of the law.

By employing these subsidiary rules, legal interpreters aim to derive a more comprehensive
understanding of statutes in situations where a straightforward application of the primary
rules is insufficient or inconclusive.

The most commonly used subsidiary rules of interpretation are:

Same Word, Same Meaning: This principle in subsidiary rules of interpretation suggests
that if we intend to convey the same idea, we typically use the same words. When Congress
borrows a term for a law, it’s assumed that the term carries the same meanings it had in the
original context. This is especially applicable when laws are related, as in the case of statutes
in pari materia. An example is the legal case Jmaiff v. The Grand Forks Rural Fire
Protection District in 1990.

Use of Different Word: When different words are used in the same law, it is presumed that
they carry different meanings. For instance, in the Income Tax Act of 1922, the phrases “at
the end of the previous year” and “in the course of such previous year” were interpreted
differently. This principle of subsidiary rules of interpretation is illustrated in the legal case
Shri Ishar Alloy Steels Ltd v. Jayaswalas Neco Ltd., UT 2001(3)-SC 114.

Rule of Last Antecedent: This rule of subsidiary rules of interpretation dictates that words in
a law usually modify or apply to the words or phrases closest to them, rather than those
located distantly. The maxim expressing this rule is ‘ad proximum antecedens fiat relatio nisi
impediatur sententia,’ meaning relative words refer to the nearest antecedents unless the
context requires otherwise. An example in State of Madhya Pradesh v. Shobharam and
Ors. (AIR 1966 SC 1910) shows how the placement of a comma in a list can alter the
meaning of a statement.

Non-Obstante Clause: A “non-obstante clause,” derived from Latin, meaning

“Notwithstanding,” is a provision in a statute that renders it independent of conflicting
provisions within the same law. Essentially, when this clause is present, it signals that the
specified provision will prevail, regardless of any contradictory content in other sections. It
clarifies that, in case of inconsistency, the non-obstante clause takes precedence over
conflicting provisions. Its purpose is to ensure the specified provision’s dominance in the
event of a clash with other clauses.

Legal Fiction: Legal fiction, a concept prevalent in common law jurisdictions, involves
courts assuming or creating facts to facilitate decision-making or the application of legal
rules. A classic example is the notion that English courts do not “create” but rather “declare”
common law. Legal fictions are employed to achieve justice, allowing courts to equitably
resolve matters. However, there are limitations.

Page 47 of 128
They should not be used to violate legal rules or moral principles and their application should
stay within their intended scope without leading to unjust outcomes. Additionally, stacking
one legal fiction upon another is generally avoided.

Mandatory and Directory Provisions: Mandatory provisions must be strictly adhered to,
while substantial compliance is acceptable for directory provisions. Generally, failure to
comply with mandatory requirements renders the act null and void.

However, exceptions exist, allowing waiver of mandatory requirements if they primarily

serve an individual’s or authority’s interest and are not against the public interest. On the
other hand, breaching directory provisions does not lead to invalidity.

Consequences of Non-Compliance: Non-compliance with mandatory provisions often

results in nullification and is a common subsidiary rule of interpretation. For instance, in the
Limitation Act, failure to adhere to the prescribed period for legal proceedings leads to
dismissal. Conversely, non-compliance with directory provisions does not provide grounds
for legal challenge.

Conjunctive and Disjunctive Words ‘or’ And ‘and’: Normally, “and” is conjunctive, while
“or” is disjunctive. They are read as such unless legislative intent suggests otherwise. In
conjunctive statutes these subsidiary rules of interpretation, all listed elements must be
proven for a conviction, whereas in disjunctive statutes, proof of any one element suffices.
Case law, such as Kamta Prasad Aggarwal v. Executive Engineer, illustrates the
significance of interpreting these words based on legislative intent.

Construction of General Words in Subsidiary Rules of Interpretation of Statutes - This

set of subsidiary rules of interpretation involves principles like “generalia verba sunt
generaliter intelligenda,” understanding general words broadly; “noscitur a sociis,”
interpreting words based on their context; “ejusdem generis,” understanding general terms in
a list by reference to specific terms; “words of rank,” considering the importance of words;
and “reddendo singular singulis,” attributing singular words to singular things. These
principles guide the interpretation of statutes for a more accurate understanding.

generalia verba sunt generaliter intelligenda: This principle of subsidiary rules of

interpretation holds that general words should be interpreted broadly unless the legislative
intent indicates a restrictive meaning. Commonly used general words like “business,”
“family,” and “person” receive varied constructions based on the context in which they
appear.

noscitur a sociis: Translated as “to know the meaning by association,” noscitur a sociis
suggests that the meaning of an ambiguous word can be clarified by considering the context
or words associated with it. However, this rule doesn’t apply when the legislative intent is
clear and unambiguous.

ejusdem generis: Literally meaning “of the same class or kind,” this rule, also known as
Lord Tenterden’s rule, resolves conflicts between general and specific words. When specific
words are followed by general ones, the general words are limited to things of the same kind
as those specified by the specific words.

Page 48 of 128
Words of Rank: Similar to other rules involving general words, the rule of words of rank
stipulates in subsidiary rules of interpretation that when descriptive terms are arranged in
descending order by rank, general words at the end of the list do not include persons or things
of a higher rank than the highest named.

For instance, a provision covering metals like copper, brass, pewter and tin would not include
precious metals like gold and silver.

reddendo singula singulis: This rule states that in a sentence with several antecedents and
consequents, each word or phrase should be linked to its appropriate place. For example, the
phrase “I devise all my real and personal property to A” means that each type of property is
allocated to A.

Similarly, in sentences like “If anyone shall draw or load any sword or gun,” the words
“draw” and “load” should be read distributively.

Conclusion: Subsidiary rules of interpretation play a crucial role in navigating the

complexities of legal texts, offering supplementary guidance when primary rules fall short.
By considering factors such as the preamble, subsequent agreements and customary
international law, these rules enhance the nuanced understanding of legal documents.

The principle of “Same Word, Same Meaning” ensures consistency, while “Use of Different
Word” signals a change in intention. The “Rule of Last Antecedent” directs the focus on
proximate qualifiers. Altogether, these subsidiary rules of interpretation foster a
comprehensive and contextually sensitive approach to interpreting statutes, contributing to
the clarity, fairness and effectiveness of legal systems worldwide.

Short Note on Directory & Mandatory Provisions? 6 & 12 marks

In the context of law, regulations, or organizational policies, provisions are often categorized
as either directory or mandatory based on their flexibility and the consequences of non-
compliance.

Mandatory Provision: A mandatory provision refers to a rule, regulation or law that must be
followed strictly without any deviation or discretion. Failure to comply with such a provision
may result in the nullification of an act or order. These are strict requirements that must be
followed. Failure to adhere to mandatory provisions can lead to penalties, fines, or other legal
repercussions. These provisions are designed to enforce compliance and ensure uniformity.

For instance, if a law states that a tax return must be filed by a certain date, failing to do so
usually results in penalties. This deadline is a mandatory provision because it must be
followed without exception. Mandatory provisions are essentially rules that must be
followed. They exist in various contexts, such as legal contracts, business regulations, and
even everyday life.

Purpose: The primary purpose is to enforce specific standards or actions that are crucial for
legal or regulatory compliance. For example, mandatory provisions in corporate law might
include requirements for annual financial audits.

Here are some examples:

Page 49 of 128
Contracts:

 Dispute Resolution: A provision mandating arbitration or mediation for disagreements

arising from the contract.
 Insurance Policies: Requirements for filing claims within a specific timeframe.

Law and Regulation:

 Traffic Laws: Wearing a seatbelt while driving.

 Food Safety: Mandatory hygiene practices in restaurants.
 Building Codes: Fire safety regulations for construction projects.

Everyday Life:

 School Attendance: Minimum age requirement for starting school.

 Voting: Identification requirements for casting a ballot.

These are just a few examples, and the specific mandatory provisions will vary depending on
the situation. Look for words like “shall,” “must,” or “required” to identify mandatory
language.

Directory Provision: A directory provision, refers to a rule or regulation that is intended to

guide the performance of a duty but does not impose a strict requirement that must be
followed.

Directory provisions are guidelines or recommendations rather than strict rules. Failure to
comply with a directory provision does not necessarily result in the nullification of an act or
order, although it may result in some other consequences, such as procedural delays or
admonishments. These are guidelines or recommendations that allow some degree of
flexibility. They are not strict rules but rather suggest preferred practices or procedures.

For example, if a law suggests that a particular form should be filled out in a specific format
but does not impose penalties for not following the format, this can be considered a directory
provision. In Simple terms, Directory provisions are recommendations or best practices
within a set of rules, rather than strict requirements.

Purpose: The main purpose is to provide flexibility and adaptability, ensuring that while
adherence is encouraged, it is not compulsory. For instance, a company might have a
directory provision suggesting best practices for internal reporting.

Here are some examples:

 Company Policy: An employee handbook might have a directory provision suggesting

business casual attire. Not following this wouldn’t lead to disciplinary action unless it’s
disruptive (like ripped jeans at a client meeting).
 Municipal Bylaws: A city ordinance might recommend residents compost food scraps.
There wouldn’t be fines for non-compliance, but it’s encouraged for environmental
reasons.
 Meeting Agendas: An agenda might suggest time allotments for discussion topics.
However, the chair might need to adjust based on the flow of the conversation.

Page 50 of 128
In simple, directory provisions use phrases like “should,” “may,” or “encouraged” and
focus on achieving a goal without strict enforcement.

Key Differences

Mandatory Provisions Directory Provisions

Must be strictly adhered to Are more flexible
Non-compliance may have other
Non-compliance leads to invalidation
consequences
Usually indicated by words like “shall” Indicated by words like “may”
Essential for achieving legislative purpose Not vital for achieving legislative purpose
Intended to be guiding rather than
Intended to be mandatory by the legislature
compulsory
Often related to substantive rights Often related to procedural matters
Failure to comply results in penalties or Failure to comply may result in procedural
legal consequences delays or admonishments
Interpretation may consider legislative
Interpretation tends to be literal
intent and purpose
Focuses on achieving the underlying
Focuses on strict adherence to rules
objective
Examples include filing deadlines and Examples include recommended formats
statutory requirements and procedural guidelines

Landmark Cases - State of U.P. vs. Babu Ram Upadhya (1961): In this case, the Supreme
Court of India discussed the distinction between mandatory and directory provisions. The
court held that to determine whether a provision is mandatory or directory, one must consider
the intent of the legislature and the consequence of non-compliance.

Dattatraya Moreshwar vs. State of Bombay (1952): The Supreme Court highlighted that if
the provision is vital to the statute’s main objective, it is mandatory. If it is not, then it is a
directory. This case set a precedent for evaluating the importance of the provision to the
legislative scheme.

Indian courts have developed various tests to determine whether a provision is

mandatory or directory:

1. The first step is to look at the language of the statute. Words like “shall” usually
indicate a mandatory provision, while “may” suggests a directory provision.
However, this is not an absolute rule and must be considered in context.
2. Courts analyze the intent of the legislature. If the intent is to protect the public interest
or ensure justice, the provision is more likely to be considered mandatory.
3. The overall purpose of the statute is crucial. If strict compliance is necessary to
achieve the statute’s purpose, the provision is mandatory.
4. Courts consider the consequences of non-compliance. If non-compliance leads to
significant adverse effects or frustrates the purpose of the law, the provision is
mandatory.
5. The nature of the provision within the statutory framework is also important.
Provisions related to substantive rights are typically mandatory, while procedural
provisions may be a directory.

Page 51 of 128
Importance of Distinguishing Between Mandatory and Directory Provisions

Firstly, it ensures proper compliance with the law. Knowing which provisions are mandatory
helps individuals and authorities adhere to essential requirements, thus avoiding legal pitfalls
and potential consequences of non-compliance. This clarity in understanding promotes a
culture of adherence to legal norms and obligations.

Secondly, the distinction facilitates fair adjudication within the legal system. By focusing on
substantive issues rather than procedural technicalities, courts can ensure that justice is
served. This approach prevents unnecessary delays or dismissals of cases due to minor
procedural errors, allowing for a more efficient and equitable resolution of disputes.

Additionally, the recognition of mandatory and directory provisions aids legislative drafting.
Legislators can draft clearer laws by explicitly specifying which provisions are mandatory
and which are directory.

This reduces ambiguity and confusion, making it easier for individuals to understand and
comply with the law. Clear legislative drafting is essential for the effective functioning of the
legal system and the proper implementation of laws.

Moreover, the differentiation between mandatory and directory provisions promotes legal
certainty. Clear interpretation of statutes promotes predictability in legal outcomes, allowing
individuals and businesses to operate with confidence.

When individuals understand the consequences of their actions in relation to mandatory

provisions, they can make informed decisions and conduct their affairs following the law.
This certainty is crucial for maintaining stability and confidence in the legal system.

Conclusion: Directory provisions offer flexibility and are suggestive, whereas mandatory
provisions are compulsory and enforceable. Understanding the distinction between them is
crucial for ensuring proper adherence to rules and regulations.

Note on Noscitur a Sociis? 2, 6 & 12 Marks

Noscre means to know and Sociis means association. Therefore, Noscitur a Sociis means to
know from the association. The rule of construction Noscitur a Sociis has been explained by
Lord Macmillan thus: the meaning of a word is to be judged by the company it keeps.
Associated words explain and limit each other.

The legal principle of Noscitur a Sociis means that the meaning of an unclear or ambiguous
word or phrase can be determined by the context it is used in and the words surrounding it.

For example, if a law states that "no vehicles are allowed in the park, including cars, trucks,
and motorcycles," the term "vehicles" would be interpreted to include cars, trucks, and
motorcycles because they are associated with the term in the same sentence.

This rule is often used in legal and statutory interpretation to help determine the meaning of
unclear language. It is based on the idea that words are often influenced by the words around
them, and that the context in which a word is used can help clarify its meaning.

Page 52 of 128
This maxim is used when:

 The meaning of unclear words by the words surrounding it.

 When two or more words that are comparable to one another are combined, their cogn
ate sense is assumed to be utilised.
 To clear the doubt of ambiguous word and then this maxim is used.

Scope of Rule of Noscitur a Sociis: The scope of this rule of interpretation is limited, for it
can only be applied in circumstances where the law was either not clear or it was ambiguous.
Otherwise, when there are no apparent problems with interpretation, the rule cannot be used.
It has also been made clear that the rule cannot be used nefariously to make any of the
associated words redundant. The rule of noscitur a sociis cannot be used in cases where the
intention of the legislature or Parliament as the case may be, reflects its deliberate usage of
words that would widen the scope
Advantages of the Rule:
1. There is no requirement for draftsmen to anticipate each specific situation.
2. The Act can also be adapted to suit unexpected situations.
3. An unclear or ambiguous word can be deciphered easily by referring to its
companion words.
4. It finishes/closes loopholes in statutes
Disadvantages of the Rule:
1. It contravenes the idea of separation of power as it indirectly vests the judiciary
with law-making power.
2. The result of a case is not easy to determine.
3. It creates judicial discretion which can be used arbitrarily sometimes.
4. It can create outcomes that Legislature or Parliament didn’t intend.
Limitations of the Rule:
1. The rule is not applied where the arrangement of words conveys a clear and definite
meaning.
2. It is not applicable where the world has itself been defined in the statute.
3. Expressly excluded words in statute can’t be included by using this rule.
4. Where the words in a statute have been given a wider connotation intentionally
then this rule can’t be invoked to narrow down the meaning of words.
Where a series of words used in a statute provides a definite meaning (sometimes it is the
practice of the draftsman to state explicitly the specific matters are to be treated as coming
within the ambit of the definition), there is no scope for application of this rule.
Lokmat Newspaper Pvt. Ltd v. Shankar Prasad – the Supreme Court held that dismissal and
discharge do not have the same similar meaning so the principle of noscitur a sociis cannot be
applied.

Case Laws - In Indian Judiciary there have been various cases in the courts where the rule of
noscitur a socii has been used. In some circumstances, although the rule has been made
applicable, it has not gone by the name of noscitur a socii.

1. One significant case where the rule of noscitur a sociis was thoroughly discussed is the
State of Bombay v. Hospital Mazdoor Sabha, dating back to 1960, with a judgment
authored by Justice Gajendragadkar. In this case, the Supreme Court rejected the application
of the rule, but it examined its scope. The judgment clarified that the noscitur a sociis rule is a
tool for interpreting laws. It cannot be used when the legislative intent is clear – that is, when

Page 53 of 128
lawmakers intentionally use broad and unambiguous language. The judgment also outlined
the rule’s scope, stating that it can be employed when the legislative intent is unclear because
it associates broad words with those of narrower meaning.
2. In the case of State of Assam v. Ranga Muhammad, the court applied the rule of noscitur
a sociis to determine whether the High Court needed to be consulted by the Governor when
transferring a sitting Judge. The court found that, in this context, the word “posting” was
associated with “appointments” and “promotions,” but it couldn’t be extended to include
“transfer.” Therefore, the Governor had to consult the High Court in such a situation.

3. In the case of Pardeep Agarbatti v. State of Punjab, appellant was a registered dealer in
‘dhoop’ and ‘aggarbatti’ and he was asked to pay taxes at the entry of 10 paisa in a rupee as
he is selling the items falling under the Entry No. 16 of Punjab General Sales Tax Act, 1948
which read as “Cosmetics, perfumery and toilet goods, excluding tooth – paste, tooth –
power, kum – kum and soap.” Supreme Court held that perfumery means such articles as
used in cosmetics and toilet goods viz, sprays, etc but does not include ‘dhoop’ and
‘agarbatti’

Conclusion: Noscitur a sociis is a Rule of Construction dependent on the comprehension of

associated words to determine the meaning of a doubtful word and can be applied with
disadvantage to the construction of words in an Act of Parliament by referring to the words
found in immediate connection with them.
This rule is applied only where the expectation of the Legislation in associating words of
import with words of narrower significance is doubtful or otherwise not clear. But where it is
clear that statute has defined a thing as including certain matters then it will not be right to
apply this principle.

Note on Ejusdem Generis? 2, 6 & 12 Marks

Definition: Ejusdem generis is a Latin term meaning "of the same kind or nature." It is a
principle of legal interpretation used to construe general words or phrases in a legal text by
limiting their scope to the same class or category as the specific words that precede them.

Example: Consider a law that regulates "automobiles, trucks, motorcycles, and other
vehicles." According to ejusdem generis, the term "other vehicles" would be interpreted to
include only vehicles similar to automobiles, trucks, and motorcycles, such as scooters or
bicycles, but not unrelated items like boats or airplanes.

Purpose: This principle ensures that the inclusion of a general term does not expand the
scope of the law beyond the context provided by the specific examples. It helps maintain
consistency and clarity in legal interpretation.

Ejusdem generis helps in constraining the interpretation of broad or vague terms to ensure
they align with the specific examples given. By focusing on the common nature of the listed
items, the principle reflects the legislative intent to cover only items of a similar kind. The
Doctrine of Ejusdem Generis is a canon of interpretation, which is used by the Courts for
providing the Justice, by interpreting according to the intention of the legislation so as to
make the provision of legislation clear and unambiguous and thus fulfilling the purpose of the
legislation.

Page 54 of 128
This doctrine is also called Lord Tenterden's Rule, which is an ancient doctrine. The Doctrine
of Ejusdem Generis provides that when a list of specific words are being followed by the
general words, the general words are interpreted in a way so as to restrict them to include the
items or things which will be of the same type as those of the specific words. In the case of
Evans v. Cross [(1938) 1 KB 694], the Court had applied the Ejusdem generis rule. The
issue was in relation to the interpretation of the word "other devices". It was under the
definition of "traffic signals" under Section 48(9) Road Traffic Act, 1930, to include "all
signals, warning sign posts, signs, or other devices". The Court held that a painted line on a
road cannot be included in the "other devices" as a traffic sign because devices are here
indicating a thing, whereas painted line on a road is not.

The need for interpretation of statute by the doctrine of Ejusdem Generis arises when-

 There is ambiguity in the language of the provisions of statutes, or

 When in the provision, there is a possibility of two views, or
 The meaning which the provision of a statute gives, defeats the purpose of the statute.

There is no need for the interpretation if in the language there is no ambiguity and it is clear.

In the case of Lilawati Bai v. Bombay State, 1957 Supreme Court, the Court observed that
"where the context and the object and mischief of the enactment do not require restricted
meaning to be attached to words of general import, the Court must give those words their
plain and ordinary meaning."

But when reading, it is found that there is some ambiguity in the provisions of the statute and
the intent of the statute is to restrict the general words to the category of the specific words,
then this doctrine of Ejusdem generis is applied. Therefore, when general words follow the
specified words and those specified words have a genus/category then the general words will
be restricted to the same genus/category. This is done because the legislation has shown its
intention by using such words of class/category and if the Court goes contrary to that
intention and gives wider meaning to the general words then the purpose of the legislation
will be defeated.

APPLICABILITY - The rule of Ejusdem generis means that general words following
specific ones should be understood to refer to similar things, not the other way around. This
rule aims to reconcile the conflict between specific and general words while considering
other principles of interpretation, such as giving effect to all words in a statute, interpreting
the statute as a whole, and avoiding unnecessary words. In this way, the specific words are
influenced by the general words that follow. The doctrine of ejusdem generis is applicable
when the following conditions are met:
Essentials or conditions Of The Doctrine Of Ejusdem Generis - In the case of Amar
Chandra Chakraborty v. Collector of Excise, 1972 and Uttar Pradesh State Electricity
Board v. Harishanker, 1979 the Supreme Court laid down the five essential conditions for the
application of this rule. The conditions or the elements are as follows:

 The statute contains an enumeration of specific words,

 The subjects of enumeration constitute a class or category;
 That class or category is not exhausted by the enumeration;
 The general terms follow the enumeration; and
Page 55 of 128
  There is no indication of a different legislative intent.

The ejusdem generis rule is applied when a general word follows specific words of a less
general nature or of the same kind. In such cases, the general word is understood to include
only things of the same kind as the preceding specific words. This rule assumes that the
general word is limited to the same category as the particular and specific words.

In the case LIC v. Retired LIC Officers Assn., the court applied the principle of ejusdem
generis and concluded that the phrase "other matter connected and incidental thereto" only
covers aspects directly related to the preceding expressions mentioned in the regulation.

In Lokmat Newspapers (P) Ltd. v. Shankar prasad, the court determined that the word
"discharge" is a general term, while "dismissal" refers to a specific category of cases
involving penalties imposed by the employer. In this case, the ejusdem generis rule did not
apply since "discharge" and "dismissal" are not part of the same category or genus.

The Ejusdem generis rule aims to reconcile the conflict between specific and general words.
However, for the rule to apply, it is necessary that the enumerated items preceding the
general words form a category or genus. If there is no mention of a genus or if the collection
of items is heterogeneous, the rule cannot be applied.

In Housing Board of Haryana v. Employees Union, the court stated that while interpreting
the definitions of "local authority" in different acts, the Ejusdem generis rule was invoked.
However, the court emphasized that the rule cannot be applied to Article 12 since the
definition of "State" in that article includes various heterogeneous bodies without a common
genus.

The principle of Ejusdem generis has been applied in various articles of the Constitution of
India. Here are a few examples:

 Article 19(2): This provision ensures the freedom of expression, subject to some
justifiable limitations. Public order, morality, or decency are among the limits. These
expressions can be interpreted as only referring to constraints that are of the same
kind or nature as “public order, decency, or morality” using the principle of ejusdem
generis.
 Article 30(1): This provision grants minorities the freedom to found and run the
educational institutions of their choosing. The term “minorities” is used in the article,
and it is followed by clear instances, such as “based on religion or language.” The
term “minorities” can be used to refer to only those groups that are comparable in
nature to those based on religion or language by applying the principle of ejusdem
generis.
 Article 245: The right to enact legislation is granted by Article 245 to both the
national and state legislatures. The phrase “any matter” is used in the text as a
generalisation, and then specific instances like “with respect to any of the issues in the
Union List or the Concurrent List” follow. The phrase “any matter” can be understood
to indicate just those topics that are comparable in nature to those specified in the
Union List or the Concurrent List by using the principle of ejusdem generis.
 Article 13(3): This section of the Constitution addresses the application of pre-
constitutional regulations that are at odds with the fundamental freedoms protected by

Page 56 of 128
 Part III. The phrase “law in force” is used in the article as a generalisation, followed
by specific examples such “custom or practise bearing the force of law.” The word
“law in force” can be understood to signify only those laws that are comparable in
nature to conventions or usages bearing the force of law by applying the principle of
ejusdem generis.
 Article 312: The formation of All India Services is covered in this section. The
phrase “any other service” is used in the article, and is followed by more specific
instances such “the Indian Administrative Service” and “the Indian Police Service.”
The phrase “any other service” can be interpreted in accordance with the concept of
ejusdem generis to indicate only those services that are comparable to the Indian
Administrative Service and the Indian Police Service.

CASE LAWS

 G. P. Singh v. State of U.P. (1985): The phrase “any other thing” in Section 5 of the
Explosive Substances Act of 1908 was interpreted in this case by the Supreme Court
under the ejusdem generis principle. The phrase should only be used to refer to things
that are comparable in nature to those things that are specifically stated in the section,
the court said.
 The State of Gujarat v. Chhatbhai (1979): In this case, The High Court of Gujarat
used the ejusdem generis concept to interpret the phrase “any other vehicle” in the
Gujarat Motor Vehicles Tax Act, 1958 The court decided that the phrase should only
be used to refer to cars that are essentially the same as those that are stated in the
section.
 Sivakasi Municipality v. Ramaswami Naidu (1965): The Madras High Court used
the ejusdem generis concept in this case to interpret the phrase “any other trade” in
the Tamil Nadu Local Boards Act, 1920. According to the court, the phrase should
only be used to refer to dealings that are analogous to those that are specifically stated
in the provision.
 State of Punjab v. Mohinder Singh (2013): The phrase “any other place” in Section
15 of the Prevention of Corruption Act, 1988 was interpreted by the Supreme Court in
this case using the ejusdem generis concept. The court decided that the phrase should
only be used to refer to locations that are comparable to those that are specifically
named in the provision.

WHERE NOT APPLICABLE - The principle of Ejusdem generis states that general words
following specific and particular words should be interpreted as limited to things of the same
nature as those specified. However, for the rule to apply, the specific words must pertain to a
class or kind of objects rather than vastly different ones. The rule should be applied
cautiously and not excessively. Its scope should be limited to avoid unnecessarily restricting
broad and comprehensive words. If a broad category can be identified, there is no need to
diminish the general words. The principle of Ejusdem generis should only restrict the
meaning of general words when the overall context and purpose of the legislation necessitate
it. If the context and intent of the law do not require such a restricted interpretation, it is the
duty of the courts to give the general words their plain and ordinary meaning.

CONCLUSION: the legal principle known as Ejusdem generis is frequently applied in

statutory interpretation to clarify the meaning of general terms that appear after specific ones.

Page 57 of 128
The rule ensures that generic terms are construed in the context of specific ones and are not
given a wider meaning than the legislator intended.

To ensure consistent and correct interpretation, the principle of Ejusdem generis has been
used in various articles of the Indian Constitution. Its use has aided in ensuring that the
Constitution’s wording is consistently interpreted and that the authors’ intentions are duly
upheld. Ultimately, the idea of Ejusdem generis is a key instrument for ensuring that phrases
are understood clearly and consistently when interpreting statutes and other legal documents.

What is Causus Omissus? 2 marks

Casus Omissus is a Latin term meaning "an omitted case" or "an omitted situation." In legal
theory, it refers to a situation or case that was not addressed by a statute or legal provision,
often due to oversight or lack of foresight during the drafting process.

In simple it means a case which is omitted by the legislature. It also means a point not
provided by the statute. The principle of casus Omissus is rooted in the idea that statutes
should be interpreted based on the words actually used by the legislature and courts should
not extend the scope of the law to cover omitted cases.

Example in Indian Context: Indira Nehru Gandhi v. Raj Narain, AIR 1975 SC 2299: In
this landmark case, the Supreme Court dealt with issues of constitutional interpretation and
legislative gaps. While not directly focused on casus Omissus, the case highlighted how gaps
or omissions in legislation could impact legal and constitutional issues.

The role of casus Omissus in statutory interpretation is to guide courts in determining the
extent to which they can fill gaps in the law. The general rule is that if a statute is silent on a
particular issue, the courts cannot create new provisions to address it. Instead, the courts must
interpret the statute based on its existing terms and the legislative intent behind it.

Examples of Casus Omissus in Legal History - Throughout legal history, there have been
numerous instances where courts have encountered casus Omissus. One notable example is
the case of cryptocurrencies in India. When cryptocurrencies gained popularity, there were no
specific laws governing their transactions. Since the existing laws did not anticipate the
unique challenges of cryptocurrency, the courts refrained from interpreting the law to cover
these situations, leaving it to the legislature to address the gap.

The Impact of Casus Omissus on Legal Interpretation - The principle of casus omissus
has a significant impact on legal interpretation. It ensures that courts interpret statutes based
on the language used by the legislature and the intent behind the law. This principle promotes
consistency and predictability in the application of the law, as courts are discouraged from
creating new legal provisions to fill gaps.

Challenges in Applying Casus Omissus - Applying the principle of casus omissus can be
challenging, as it requires courts to balance the need to interpret statutes faithfully with the
need to ensure justice is served. In some cases, adhering strictly to casus omissus may lead to
outcomes that seem unfair or contrary to the spirit of the law. Courts must navigate these
challenges carefully to maintain the integrity of the legal system.

Page 58 of 128
The Role of the Legislature in Addressing Casus Omissus - When a casus omissus is
identified, it is generally the role of the legislature to amend the statute to cover the omitted
case. This ensures that the law remains comprehensive and responsive to changing societal
needs. Legislators must be vigilant in identifying gaps in the law and taking action to address
them.

Casus Omissus and Legal Reform - The concept of casus omissus plays a role in legal
reform. As society evolves, new situations and issues arise that may not have been anticipated
by existing statutes. The identification of casus omissus can prompt legislative action to
update and reform the law to reflect current realities.

Conclusion: Casus omissus is a critical principle in the interpretation of statutes, guiding

courts in how they approach gaps in the law. It reflects the balance between the roles of the
judiciary and the legislature in the legal system. While the principle ensures that courts
respect the limits of their authority, it also highlights the importance of legislative action to
address omitted cases.

Understanding casus omissus is essential for legal professionals as they navigate the
complexities of statutory interpretation and work to ensure that the law remains relevant and
just in an ever-changing world.

Explain concept of presumption of constitutionality of a Statute?

The presumption of constitutionality is the legal principle that the judiciary should presume
statutes enacted by the legislature to be constitutional, unless the law is clearly
unconstitutional or a fundamental right is implicated. The term ‘presumption of
constitutionality’ is a legal principle that is used by courts during statutory interpretation —
the process by which courts interpret and apply a law passed by the legislature, such as
Parliament.

In the 1992 Supreme Court case 'ML. Kamra v New India Assurance, Justice K Ramaswamy
said: "The court ought not to interpret the statutory provisions, unless compelled by their
language, in such a manner as would involve its unconstitutionality.

The legislature of the rule making authority is presumed to enact a law which does not
contravene or violate the constitutional provisions. Therefore, there is a presumption in
favour of constitutionality of a legislation or statutory rule unless ex facie it violates the
fundamental rights guaranteed under Part III of the Constitution. If the provisions of a law or
the rule is construed in such a way as would make it consistent with the Constitution and
another interpretation would render the provision or the rule unconstitutional, the Court
would lean in favour of the former construction." ("ex facie" meaning 'on the face)

When does this apply?

It is a cardinal principle of construction that the Statute and the Rule or the Regulation must
be held to be constitutionally valid unless and until it is established they violate any specific
provision of the Constitution

Page 59 of 128
Further it is the duty of the Court to harmoniously construe different provisions of any Act or
Rule or Regulation, if possible, and to sustain the same rather than striking down the
provisions out right.
The presumption is not absolute, however, and does not stand when there is a gross violation
of the Constitution.
Limitations to the doctrine - A three-judge Bench in 'NDMC v State of Punjab (1996) spoke
of the limitations to the doctrine. The Bench observed that the Doctrine is not one of infinite
application, it has recognized limitations. The Court has consistently followed a policy of not
putting an unnatural and forced meaning on the words that have been used by the legislature
in the search for an interpretation which would save the statutory provisions.

The presumption can be overcome if the challenger proves that the law clearly and
unequivocally violates constitutional provisions. This might include cases where a law
infringes on fundamental rights without sufficient justification. Laws that have been declared
unconstitutional by courts may be amended or repealed by legislatures, which can then
reintroduce laws that address constitutional concerns.

The presumption places the burden of proof on the party challenging the law. To invalidate a
law, the challenger must demonstrate that it is unconstitutional beyond a reasonable doubt.
Courts use a standard of review to assess the constitutionality of a law. When a law is
challenged in court, the judge starts with the presumption that the law is valid. This means
that the challenger must provide substantial evidence and arguments to overcome this
presumption. Courts often defer to legislative judgments on matters of policy and social
regulation, intervening only when a law clearly violates constitutional principles.

The interpretation of statutes is guided by several presumptions that help maintain the rule of
law and ensure justice. These presumptions of statutory interpretation play a crucial role in
understanding the legislative intent behind the enactment of statutes.
All the presumptions of statutory interpretation can be briefed as:
● Firstly, there is a presumption of validity, which assumes that statutes are enacted
within constitutional limits and are presumed to be valid unless proven otherwise.
● Secondly, the territorial operation presumption limits the application of an act to the
territories of the country where it is enacted unless specifically provided otherwise.
● Thirdly, the presumption against taking away the jurisdiction of the courts emphasizes
that interpretations should not readily strip courts of their authority unless the statute
clearly and explicitly intends to do so.
● Lastly, the prospective operation presumption indicates that statutes are generally
meant to have an effect on future acts or events rather than retroactively impacting
past circumstances unless the legislature expressly indicates otherwise.
Presumption of Validity - In legal interpretation, there is a presumption that statutes are
valid and do not violate the Constitution. Laws enacted by the Parliament, State legislatures
or their subordinate bodies should adhere to constitutional boundaries and not contradict the
provisions and spirit of the Constitution. When faced with two possible interpretations, one

Page 60 of 128
that upholds the constitutionality of the statute and another that renders it void, the
interpretation that preserves the constitutionality of the law should be followed.
When statutory language can be interpreted in multiple ways, the statute should be construed
in a manner that upholds its constitutional validity and avoids any doubts about its
constitutionality. This is the rule of harmonious construction and applies even to bylaws and
constitutional amendments.
In the case of Govindlalji v. State of Rajasthan, the constitutional validity of the “Rajasthan
Nathdwara Temple Act” was brought into question. The interpretation of Section 16 of the
Act was a key issue. The words “affairs of temple” in that section were construed narrowly to
refer only to secular matters, ensuring its constitutionality. If a broader interpretation had
been given to Section 16, it would have violated Articles 25 and 26 of the Constitution, which
guarantee the freedom of religion and the right to manage religious affairs.

The Territorial Operation of the Act is within the Country - The general principle
regarding acts of parliament is that they are applicable within the territories of the country in
which they are enacted unless stated otherwise. Statutes passed by parliament are binding
within the boundaries of the country and do not have extra-territorial operation. However,
Article 245(2) of the Constitution of India provides that no act made by parliament shall be
deemed invalid on the ground of having extra-territorial operation. Courts are obligated to
enforce such legislation.

For instance, the Indian Penal Code, 1860, has extra-territorial application. Section 3 states
that any person bound by Indian law who commits an offence outside India shall be tried in
India as if the offence was committed within the country. Section 4 further extends the
application of the IPC to offences committed by Indian citizens in any place outside India or
by any person on a ship or aircraft registered in India, regardless of its location in the world.

State legislatures in India have the power to enact laws for the entire state or any specific part
of the state. These laws are applicable only within the territory of that particular state and do
not have extra-territorial operations.

To establish a territorial connection, two factors must be considered:

i) The territorial connection should be real and factual, rather than illusory.

ii) The liability under the Act being enforced must be related to that territorial connection
only.

In the case of Ajay Agarwal v. Union of India, the Supreme Court ruled that the offence of
criminal conspiracy is considered a continuing offence. As a result, it does not matter where
the acts constituting the conspiracy are committed, whether in Dubai or Chandigarh. The
offence can be tried in India under Section 4 of the Indian Penal Code (IPC), which provides
for the extraterritorial application of the IPC.

In the case of K.K. Kochari v. The State of Madras, the Supreme Court held that laws
enacted by state legislatures apply within the boundaries of the respective states. These laws
can be challenged if they have an extra-territorial operation. This is because Article 245(2) of

Page 61 of 128
the Indian Constitution empowers only the Union Parliament to make laws with
extraterritorial application.

Interpretation That Takes Away Jurisdictions of Court Must Not Be Enforced - There is
a presumption in statutory interpretation that an interpretation of a statute that restricts or
takes away the jurisdiction of the courts should not be given effect unless the words of the
statute clearly and explicitly provide for it.
In both civil and criminal cases, there is a strong presumption that civil courts have
jurisdiction over matters of a civil nature. The exclusion of the jurisdiction of civil courts
should not be readily inferred. This presumption is based on the principle that courts should
be accessible to all seeking justice and that the existing state of the law should be maintained.
Unless the legislature clearly and expressly ousts the jurisdiction of the courts or it can be
inferred by necessary implication, the courts should be presumed to have jurisdiction.
Statutes should be construed in a manner that avoids taking away the jurisdiction of superior
courts or extending jurisdiction through the right to appeal.
Statutes that confer jurisdiction on subordinate courts, tribunals or government agencies
should be strictly construed. Unless the construction of an act clearly indicates the intention
of the legislature to oust the jurisdiction of the courts, the jurisdiction of ordinary courts of
judicature is not taken away. When jurisdiction is conferred by a statute, it is implied that the
act also grants the power to perform all acts necessary for its execution.
Since legislation grants jurisdiction to the courts, only legislation can take away that
jurisdiction. If an interpretation of an act allows for two constructions, one giving jurisdiction
to the court and the other taking it away, the construction that grants jurisdiction to the court
should prevail. Parties to a dispute cannot, by mutual consent, create or take away jurisdiction
from the court where their dispute can be adjudicated.
In the case of Bhimsi v. Dundappa, the Supreme Court held that if a revenue court is granted
exclusive jurisdiction to try certain matters and the jurisdiction of the civil court is completely
excluded, then the civil court should transfer those matters to be tried and decide by the
revenue court alone.

Prospective in the Operation of Statutes – The term “prospective” with reference to

statutes refers to the application of laws in the future or from the date of commencement of
the statute, as indicated by its dictionary meaning. In the Indian context, the Doctrine of
Prospective Overruling was first introduced by the SC in the case of I.C. Golak Nath v.
State of Punjab (A.I.R. 1967 SC 1643). In this case, the Supreme Court held that the
Parliament did not have the power to amend fundamental rights.

The Cardinal Rule of Interpretation is that prima facie every Statute is prospective in
operation, unless it is expressly or by necessary implication made retrospective. Every Statute
which takes away any vested rights acquired under any existing laws, or creates a new
obligation or liability or imposes a new duty, or attaches a new disability in respect of a past
transaction, shall be deemed to have prospective effect (i.e. applicable to the transactions
made after passing of the Act).

Page 62 of 128
The Parliament and State Legislature have powers to legislate prospectively, as well as.
retrospectively. Every Statute is presumed to apply only on those persons and things who
were born and came into existence only after the passing of the Act. The Statutes dealing
with substantive rights have prospective operation. Law relating to right of action and right of
appeal is substantive in the nature. It is presumed that, the Parliament does not intend to alter
the law which is applicable to the past events, in manner in which will be unfair to the
persons who have acquired the rights under it.

The Statutes dealing with Succession have a prospective operation. It cannot be applied to
Successions which are already opened. If it is applied to such Successions, it will divest
property from the persons in whom the property is already vested prior to coming into force
of the new Statute dealing with Succession. Taxing Statutes are also prospective in operation.
The principle behind this is that, the law which is in force in a relevant Assessment Year
should be applied, unless the Legislature provides expressly or by necessary implication.

Penal Statutes have prospective operation. Article 20 of the Constitution of India restricts the
retrospective operation of the penal Statutes. An act which is legal when it was done, cannot
be made illegal by enacting a new Statute.

Thus, it can be seen from the above that, the Statutes passed by the legislature are prospective
in nature, unless the contrary intention is indicated.

Case Law: Gramma v/s. Veerupana - Section 8 of "The Hindu Succession Act, 1956"
provides that, if a Hindu male dies intestate, his property will devolve as per the provisions of
the Act. The SC held that, the Act is not applicable to those successions which opened before
the Act came into operation (i.e. successions prior to the year 1956). Thus, it having only
prospective operation.

Exceptions to Prospective Operation of Statutes - Procedural statutes, also known as

adjunctive statutes, do not establish or confer new rights. They pertain to procedural matters
and are generally presumed to have retrospective operation, meaning they can apply to
matters that occurred before the enactment of the statute.

Retrospective operation means that a statute can have an effect on events or circumstances
that took place prior to its enactment. A statute can be explicitly declared as retrospective or
implied as such by the court. However, the retrospective application should not impair
existing rights or obligations.

If a statute allows for two interpretations, one retrospective and the other perspective, the
prospective interpretation is usually preferred based on the presumption that the legislature
did not intend to create injustice. Generally, statutes are expected to apply to acts or
circumstances that occurred after their enactment, unless there is clear legislative intent to
apply them retrospectively.

Amendments to procedural laws typically have a retrospective effect. Declaratory acts, which
clarify the meaning and effect of a statute, are also given retrospective operation. Such acts
aim to rectify judicial errors and remove doubts.

Page 63 of 128
The presumption against the retrospective operation of statutes is rebuttable, meaning it can
be challenged with strong contrary evidence. Courts should not give a statute a greater
retrospective effect than intended by the legislature.

In cases where a court declares an act void, the parliament has the power to pass a validating
act with retrospective effect to revive the void act. However, penal laws generally cannot
have a retrospective operation unless expressly allowed by Article 20(1) of the Indian
Constitution. If a retroactive application of a penal law benefits the accused, it may be
allowed.

In Balumar Jamnadas Batra v. State of Maharashtra, the SC held that Section 123 of the
Customs Act, 1962, which dealt with the burden of proof, pertained to procedural matters and
thus had a retrospective operation.

In Reliance Jute and Industries Limited v. Commissioner of Income Tax, SC stated that
while interpreting taxing statutes, the law in force during the relevant assessment year should
be applied unless there is an express provision or clear intention suggesting otherwise.

Union of India v/s. L. Ramaswamy - The Supreme Court held that, if a rule "x" is
substituted by rule "y", then the old rule "x" which is substituted by a new rule "y" will not be
applicable under any circumstances from the date on which it ceased to have force of law.

Conclusion: The presumptions of statutory interpretation include validity, territorial

operation, non-interference with court jurisdiction and prospective operation. The
presumption of constitutionality is a foundational principle that ensures laws are presumed
valid until proven unconstitutional. It upholds the democratic process by respecting
legislative authority and reflects a deference to the legislative body’s role in enacting laws.
This principle guides judicial review, placing the burden on challengers to demonstrate that a
law violates constitutional principles. By doing so, it maintains a balance between legislative
authority and judicial oversight, ensuring that only laws that clearly breach constitutional
norms are struck down. These presumptions of interpretation of statutes ensure fairness and
uphold the rule of law in legal systems.

Explain Rule about Anomaly? 2 marks

The rule about anomaly, also known as the "anomaly rule" or "anomaly principle," refers to
the principle in legal interpretation that deals with how courts should handle statutes or legal
provisions that create inconsistencies or conflicts with established legal principles or other
statutory provisions.

Definition and Core Concept - An anomaly occurs when a legal provision or statutory rule
creates an inconsistency or contradiction within the legal system. This might involve conflicts
between laws, or between a law and established legal principles, leading to confusion or
unreasonable outcomes.

The rule about anomaly typically involves the approach courts take when faced with such
inconsistencies. It is concerned with resolving conflicts and ensuring that the legal system
functions coherently.

Page 64 of 128
Examples and Application - If one statute grants certain rights or privileges, but another
statute imposes limitations that directly conflict with these rights, courts must interpret the
statutes to resolve the conflict. The court might determine which statute prevails or how to
reconcile the provisions.

If a statutory provision is found to conflict with constitutional rights or principles, courts may
declare the provision unconstitutional and invalid. This ensures that laws align with the
fundamental principles of the constitution.

What is understood by absurdity? 2 Marks

Absurdity in legal interpretation refers to situations where the literal application of a statute
or legal provision leads to results that are unreasonable, nonsensical, or contrary to the
legislative intent. The principle of absurdity is used to ensure that laws are applied in a way
that is consistent with their intended purpose and avoids outcomes that are clearly
impractical or irrational.

Definition of Absurdity - Legal Absurdity: In the context of legal interpretation, absurdity

occurs when a statute, if interpreted according to its plain language, produces a result that is
manifestly unreasonable or illogical. This result is so contrary to common sense or
legislative intent that it becomes evident that the law was not meant to be applied in such a
way.

Doctrine of Avoiding Absurdity - Courts often employ the doctrine of avoiding absurdity to
prevent the application of a statute from leading to absurd or unreasonable outcomes. When
a literal interpretation of a statute produces such results, courts may interpret the statute in a
manner that aligns with its intended purpose and avoids these absurd consequences.

Example: If a statute prohibits the use of a vehicle "on a highway" but, if interpreted literally,
would ban the use of vehicles in any location labeled as a highway, including private roads or
non-public areas where the term "highway" does not traditionally apply, courts would likely
avoid such an absurd result by interpreting the term in a way that aligns with common usage
and legislative intent.

Note on Role of international agreements and conventions in construction of

Domestic Acts? 6 marks

International agreements and conventions play a significant role in the construction and
interpretation of domestic acts in many legal systems. Their influence arises from various
sources of international law, national legislation, and judicial practices. These instruments
establish global standards, principles, and frameworks that guide countries in their
development efforts. They also foster cooperation, knowledge sharing, and resource
mobilization.

How International Agreements Shape Domestic Aid

1. International agreements help countries identify key development challenges and

align their aid priorities accordingly.
2. They establish benchmarks for aid effectiveness, accountability, and transparency.

Page 65 of 128
 3. By committing to global goals, countries can attract additional aid and investment.
4. International agreements foster collaboration among countries, leading to knowledge
sharing and best practices.
5. Aid recipients are held accountable for achieving agreed-upon goals and targets.

The power of entering into a treaty or international agreement or convention is a sovereign

power of the State and this power in India is exercised by the President as a part of the
Executive power of the Union Under Article 73 of the Constitution and does not need the
necessity of legislative backing for its exercise. But the terms of a treaty do not form part of
the municipal law of the country unless they are enforced by legislation enacted by
Parliament under Article 253 and Entries 10 and 14 of List I of the Seventh Schedule or by
delegated legislation made under it.

However, rules of international law or eve specific treaty obligations do not restrict the
legislative power of Parliament. Therefore, if the terms of the statue are clear and
unambiguous, they must be given effect to even if they are inconsistent with the obligations
under the treaty. If, however, the terms of the legislation are not clear, then there is a
presumption that the Parliament does not intend to act in breach of international law
including specific treaty obligations.

This concept is also enshrined in Article 51(c) of the Constitution which provides the state
shall endeavor to foster respect for international Law and treaty obligations in the dealings of
organized people with one another.

The Indian Penal Code, 1860 extends to the whole of India and enacts, vide Section 2 thereof
that 'every person shall be liable to punishment under this Code and not otherwise for every
act or omission contrary to the provisions thereof, of which he shall be guilty within India. By
section 4, the Code has been given extra-territorial operation and the provisions of the Code
apply also to any offence committed by: (1) any citizen of India in any place without and
beyond India (2) any person on any ship or aircraft registered in India wherever it may be.

A person, therefore, who commits an act contrary to the Code outside the territory of India
(not in any ship or aircraft registered in India) will not be amenable to the Indian criminal
jurisdiction and will not be liable to punishment under the Code if, at the time of commission
act, he was not a citizen of India even if he subsequently acquires the status of an Indian
citizen.

But it is not essential in every case that a foreigner should be corporeally present within
Indian territories at the time of the commission of the offence for making him liable under the
Code for an offence committed within India. Thus, if a foreigner initiates an offence from
outside the territories of India he be punished for an offence committed within India if the
essentials of the offence occur within India [Mobarik Ali Ahmad v. State of Bombay, AIR
1957 SC 857].

Page 66 of 128
In the aforesaid case, a Pakistani national, from Karachi, made false and dishonest
representations by letters, telegrams and trunk calls to the complainant at Bombay. The
complainant on faith of these representations paid money to the accused's agent at Bombay. It
was held that the accused could be prosecuted and punished for the offence of cheating under
the Indian Penal Code by the courts in India. It has also been held that a foreigner can be
detained in India not only for facilitating his expulsion but also for preventing him from
going to a foreign country and from there to continue to indulge in activities prejudicial to the
security and integrity of India.

For inquiry into and trial of offences committed outside India but made amenable to Indian
jurisdiction by section 4 of the Indian Penal Code a court of the place 'at where he may be
found' in India will have jurisdiction as provided in section 188 of the Code of Criminal
Procedure but previous sanction of the Central Government is necessary. But such a
permission may not be necessary when the overt acts outside India are committed in
furtherance of a conspiracy hatched within India. A conspiracy to cheat the Punjab National
Bank at Chandigarh between certain persons including a non-resident Indian based at Dubai
was hatched at Chandigarh culminating in cheating the Bank at Chandigarh. On an objection
that the permission of the Central Government was necessary, it was held that conspiracy
being a continuing offence, all the offences resulting from the overt acts whether committed
at Dubai or Chandigarh could be tried in India at Chandigarh without obtaining permission of
the Central Government. [Ajay Agarwala v. Union of India, AIR 1993 SC 1637].

Conclusion: They provide a framework for aligning national legislation with global
standards, guide judicial and administrative practices, and shape domestic policy and
lawmaking. The interplay between international and domestic law ensures that countries
adhere to their international commitments while addressing the practicalities of national
governance. International agreements and conventions are essential for effective and
impactful domestic aid. By incorporating these frameworks, countries can enhance their
development outcomes, contribute to global progress, and build a more sustainable future.

Explain Delegatus Non Potest Delegare? 2 & 12 marks

“Delegatus non potest delegare” is a legal principle in Latin that means “a delegate cannot
delegate.” It is a principle that generally applies to the delegation of powers or authority by
one person or entity to another.

The rule that a person to whom a power, trust, or authority is given to act on behalf, or for
the benefit of, another, cannot delegate this obligation unless expressly authorized to do so.
This principle is critical in various legal and administrative contexts, ensuring that the
authority granted to a person cannot be further transferred or delegated.

Illustration

1. An auditor who has been appointed to audit the accounts of a company cannot delegate
the task to another unless expressly allowed to do so. If express authorization has not
been granted the auditor will have acted ultra vires.

Page 67 of 128
 2. An attorney given legal authority in a power of attorney cannot, of their own volition,
delegate the exercise of that authority without the consent of the person who granted the
power of attorney.

Ultra Tech Cement Limited vs. The Union of India and Ors., the Kerala HC held that sub-
delegation refers to the further delegation of the same powers that was originally delegated by
the legislature. In this context, if the law confers power on the central government to make
rules on behalf of the legislature, the CG cannot further delegate the power to any other
officer unless that parent act permits such delegation.

Principle of Delegatus non potest delegare: According to this maxim, if a person or entity
has been delegated a specific power or authority, they cannot further delegate that power or
authority to someone else unless expressly permitted to do so.

The principle of delegatus non potest delegare is often applied in legal and administrative
contexts, particularly in relation to delegated legislation, contractual agreements, and agency
relationships. It serves as a safeguard to ensure accountability and prevent the excessive or
unauthorized sub-delegation of powers.

Under this principle, the original delegate is responsible for carrying out the delegated task or
exercising the delegated authority. They cannot transfer or delegate that responsibility to
another person or entity unless there is a clear provision or legal authority permitting such
sub-delegation.

However, it’s important to note that the principle is not absolute and can vary depending on
the jurisdiction and the specific circumstances of the case. In some cases, statutes or
agreements may expressly allow for sub-delegation, while in others, sub-delegation may be
implied or permitted by custom or necessity.

Understanding “Delegatus Non-Potest Delegare” - The legal maxim “Delegatus Non-

Potest Delegare” is a rule of construction of a statute rather than a rule of law.

Generally, sub-delegation of legislative power is not allowed, unless expressly permitted by

the statute or can be inferred from necessary implication. This principle arises from the well-
established doctrine of separation of powers, which prohibits one branch or organ of the
government from encroaching upon the powers of another.

The doctrine ensures that the authority or entity to whom legislative power is delegated
cannot transfer that power to someone else. In administrative law, Delegatus non potest
delegare acts as a safeguard against excessive bureaucracy and the concentration of power. It
establishes that administrative agencies, while granted certain powers by the legislature,
cannot pass those powers onto other entities unless explicitly authorized by statute. This
prevents agencies from overstepping their boundaries and maintains the democratic
accountability of public decision-making.

This principle is considered a necessary corollary of the separation of powers, as it maintains

the integrity and accountability of the delegated powers. The separation of powers divides the
functions of governance among the legislative, executive, and judicial branches, ensuring a
system of checks and balances.

Page 68 of 128
By prohibiting further delegation, delegatus non potest delegare reinforces the idea that each
branch should exercise its powers independently and be held accountable for their actions. It
prevents the concentration of power in the hands of a few and ensures that those who exercise
delegated authority do so within the limits set by the delegating authority.

Courts play a vital role in interpreting and upholding the principle of delegatus non potest
delegare. When confronted with a potential delegation of power, courts analyze the relevant
legislation and examine the intended scope of authority. Judicial scrutiny ensures that the
delegation is within the permissible limits and that the delegated authority is exercised in
accordance with the principles of fairness, reasonableness, and legality.

In The State vs Kunja Behari Chandra and Ors., the Patna High Court while referring to the
above maxim held that “Because of the legislative power of the government is vested
exclusively in the legislature, the general rule enunciated by Cooley is that the legislature
cannot surrender or abdicate such power and any attempt to do so will be unconstitutional
and void. There is also the well-known maxim Delegatus non potest delegare, which means
that the power to make laws cannot be delegated by the legislature to any other authority.”

Conclusion: The principle of "delegatus non potest delegare" serves to ensure that those
entrusted with specific authority perform their duties personally and maintain accountability.
It helps preserve the integrity of decision-making processes and ensures that responsibility
remains with the individual or entity originally granted the authority. However, practical and
legal contexts may provide for exceptions, especially when explicit provisions or the nature
of the task permits further delegation.

Note on Interpretation of Taxing Statute? Note on Strict Construction of Taxing

Statute? 6 & 12 Marks

For raising its general revenue Tax is imposed by the State. Taxing statutes are those which
impose taxes on income or other kind of transactions. Enforced by the government, Taxing
Statutes or Fiscal Statutes are a legal framework consisting of the tax code or tax law that
requires individuals, businesses, or entities to pay taxes. The regulations, referred to as tax
codes, provide guidelines for the assessment, collection, and enforcement processes, along
with the rates and rules. Without these taxing statutes, a government cannot generate revenue
to fund public services and functions, making them absolutely crucial for any government to
have.

Taxing statutes, or fiscal statutes, must be interpreted with great strictness. The wording of a
taxing statute must be taken literally, regardless of the outcomes. Inferring or applying taxes
based on analogy is prohibited. The language employed in taxing statutes must be clear and
easily comprehensible, reflecting the lawmakers' intended purpose. Illustrations of such
statutes include the Income Tax Act of 1951, the Wealth Tax Act of 1957, and the Customs
Act of 1961. It is well known that the power to tax cannot be inferred by implication. There
must be a charging section that will specifically empower the state to collect taxes.

Rules of Interpretation of Taxing Statutes:

 Statutes relating to taxation are required to undergo strict interpretation. When a person
clearly falls within the scope of a taxing provision, he should not be allowed to escape but

Page 69 of 128
 if he does not, he should not be drawn into the net by assigning an extended meaning to
the language or otherwise.
 Interpretation must be done in such a way that it prevents tax evasion.
 In case of two possible interpretations of a taxing statute, the interpretation favorable to
the taxpayer should be preferred.
 It is the responsibility of the taxpayer to prove any tax exemption by bearing the burden
of proof.

Taxing Statutes refer to the laws and legal regulations that govern the imposition,
administration, and collection of taxes within a jurisdiction. These statutes define what is
taxable, the rates at which taxes are levied, the procedures for tax collection, and the penalties
for non-compliance. They are formulated by legislative bodies and interpreted by courts,
establishing the legal framework within which individuals, businesses, and other entities are
obligated to pay taxes to the government. Taxing statutes cover various forms of taxes,
including income tax, sales tax, property tax, and customs duties, and are essential for
funding public services and government operations.

A tax is a compulsory exaction of money by the Government imposed for public purpose for
raising general revenue for State. A tax is distinguished from a fee which is imposed for
rendering services and bears a broad correlation with the services rendered.

A taxing statute is a statute or an Act making compulsory imposition whether of tax or fee.
There are 3 stages in the imposition of tax.

(a) Declaration of liability in respect of persons or property

(b) Assessment of tax that qualifies the sum which the person liable has to pay

(c) Methods of recovery if the person taxed does not voluntarily pay

Taxes are distributed between the Union and the states by various entries in List I and List II
of the Constitution. Parliament has the residuary power vide entry 97 of List I to levy a tax
not mentioned in these lists.

Article 265 of the Constitution provides, "No tax shall be levied or collected except by
authority of law". Article 366(28) of the Constitution which defines Taxation and Tax reads:
"Taxation includes the imposition of any tax or impost whether general or local or special,
and 'tax' shall be construed accordingly."

Strict Construction of Taxing Statute: The section that charges the tax must have clear words.
Before taxing any individual it must be clearly established that the person to be taxed falls
within the purview of the charging section by clear words. There is no implication of the law.
If a person cannot be brought within the four corners of the law, he is free from tax liability.
In Calcutta Jute Manufacturing Co. v Commercial Tax officer, the Supreme Court held
that in case of interpreting a taxing statute, one has to look into what is clearly stated. There is
no room for searching the intentions, presumptions or equity. In Mathuram Agarwal v State
of Madhya Pradesh, the Supreme Court held that words cannot be added or substituted to
find a meaning in a statute so as to serve the intention of the legislature. Every taxing statute
must contain three aspects; subject of tax, person to be taxed and the rate of tax.

Page 70 of 128
Strict and favorable construction: Taxing enactment should be strictly construed and the
right to tax should be clearly established. Equitable construction should not be taken into
account. Courts should not strain words and find unnatural meaning to fill loopholes. If the
provision can be interpreted in two ways, then the one favoring the assessee must be taken
into consideration. In Saraswati Sugar mills v Haryana State Board, The Supreme Court
held that every Act of the parliament must be read according to the strict natural construction
of its words.

The intention to impose or increase tax or duty must be clear and in unambiguous language.

Unless, the words of the Statutes impose a tax in clear and ambiguous words, a person should
not be taxed. The basis of this principle is that, imposition of tax is also a kind of penalty.
Natural meaning of the words used in the Act, must convey the intention of the legislature to
impose tax. While interpreting Taxing Statutes, presumption for imposing tax does not exist.
Nothing can be implied while imposing a tax. Statute must provide for tax in explicit
language. Tax can only be imposed if the case falls strictly within the letters of the law. If the
word of the Taxing Statute is capable of more than one interpretation, then the interpretation
which favour the person, must be accepted. In case of any doubt, it must be resolved in
favour of the assesse. If the legislature has used unnecessary words again and again creating
doubt in the Taxing Statute, then the Court should give benefit to the assesse. If the language
of the Statute is plain and unambiguous, strict construction must be given to it. The assesse
must not be taxed without clear words of the Statute, and the Statute must be read according
to the natural construction.

In Taxing Statutes, Revenue has to strictly adhere to the words of the Statute. The equitable
construction of Taxing Statutes is prohibited. Clear words of the Taxing Statutes must be
given effect, irrespective of the consequences. Justice Bhagwati has said "in construing fiscal
Statutes and in determining the liability of a subject to tax, strict letter of law must be
followed. If the Revenue satisfies the Court that the case falls strictly within the provision of
the law, the subject can be taxed. But, if the case is not covered within the four corners of the
provision of the Taxing Statutes, the tax cannot be levied by implication".

The language of the Taxing Statutes cannot be stretched in favour of the Revenue. It should
also not be narrowed down for the benefit of the assesse. A Taxing Act cannot be applied by
implication, and it cannot be given a logical extension. The Taxing Statutes are not given
retrospective operation, unless the language of the Statutes provides in clear words. In
Reliance Jute Industries Ltd v Commercial Tax officer, Fiscal Statute are generally not
retrospective otherwise expressly provide by necessary implications. Taxing Statutes must be
strictly interpreted to prevent the "tax avoidance" and "tax evasion".

It is taken as a maxim of tax law that 'the subject is not to be taxed unless the words of the
taxing statute unambiguously impose the tax on him. [Russel v. Scott, (1948) 2 All ER 1]. A
fair and reasonable construction should be given to the language used in the statute. No
burden of tax can be imposed without words clearly showing an intention to lay the burden.
Equitable construction of words is not permissible. Nothing can be drawn from implication.
Considerations of hardship, injustice or anomalies have no role to play in construction of a
taxing statute unless there be some real anomaly. If no meaning is reasonably clear, the
provision would be of no effect.

Page 71 of 128
The words of the statute cannot be given a strained or unnatural meaning even to cover
loopholes through which a taxpayer may evade. The following principles can be culled out
from various judicial pronouncements:

(i) A taxing statute has to be interpreted based on what is stated. No provisions can be
imported to supply any deficiency nor can anything be implied.
(ii) No presumptions or assumptions can be used to interpret taxing statutes. Equitable
considerations are also out of place in interpreting taxing statutes.
(iii) Before taxing any person, it must be shown that he falls within the ambit of the
charging section by clear words used in the section.
(iv)If the words are ambiguous and open to two interpretations, the one that benefits the
subject is to be given effect to.
(v) Normally, taxing statues are not retrospective in operation.
(vi)If the words of the Act, by one construction, lead to double taxation and another
interpretation is also available, the interpretation which does not lead to double taxation
will be given effect to. However, if the express wordings result in double taxation, the
law would not be held invalid only on that ground and the wordings would be given
effect to.

In Atlas Cycle Industries Limited v. State of Haryana, AIR 1972 SC 121, some new areas
were included in a municipality. A provision extended rules, by-laws, orders, directions and
powers in these areas also. The question before the Supreme Court was whether a
'notification' imposing a tax was also deemed to be extended to these areas. The court held
that since a taxing provision has to be strictly interpreted, such an extension was not possible
automatically.

Meaning in common parlance: In finding out the meaning of a taxing statute, the meaning
in common usage, parlance special in commercial and trade circles must be considered.

As regards to imposition of tax, no presumption exists. It cannot be drawn by implication or

analogical extensions. The presumption for equality and against partiality of taxation exists.
In Mohammed Ali Khan v Commissioner of Wealth Tax, it was held that no tax can be
imposed by inference, analogy or probing into the intention of the legislature.

The entire provisions of a fiscal statute has to be read as a whole and not in piecemeal to find
out the intent of the legislature.

Conclusion: Interpreting a taxing statute involves a combination of plain language analysis,

understanding legislative intent, applying specific rules of construction, adhering to principles
of taxation, considering judicial interpretations, avoiding facilitation of tax avoidance, and
ensuring consistency with other laws. This multifaceted approach helps achieve a fair and
effective application of tax laws.

The strict construction of taxing statutes is a critical principle in tax law that ensures taxes are
imposed only as clearly defined by the legislature. It protects taxpayers from undue burdens,
provides clarity and predictability in tax obligations, and respects legislative intent. By
adhering to the literal text of the statute and avoiding broad interpretations, strict construction
upholds fairness and consistency in the application of tax laws.

How is taxing Statute Interpreted?

Page 72 of 128
A taxing statute should be strictly construed even if the literal interpretation results in
hardship or inconvenience, common sense approach equity, logic and morality have no role
to play. CIT vs. Calcutta Knitwears (2014) 362 ITR 673 (SC).

State and Explain Strict rule of Construction? 2 Marks

The strict rule of construction, often referred to as "strict construction," is a principle applied
in legal interpretation, particularly in tax law and penal statutes, that emphasizes a narrow and
literal interpretation of legislative texts.

Definition - strict rule of construction rule dictates that statutes should be interpreted
narrowly, focusing on the literal meaning of the text. When a statute is clear and
unambiguous, it should be applied exactly as written. If there is ambiguity, the interpretation
should not extend beyond the statute’s explicit terms.

What is meaning of Remedial Statute? 2 Marks

Remedial Statutes are those statutes which provide the remedy for a wrongful act in the form
of damages or compensation to the aggrieved party but do not make a wrongdoer liable for
any penalty. This types of Statute are beneficial to the weaker section of the society. The
remedial statute is one whereby new favor or a new remedy is conferred.

Remedial statutes are statute enacted in favour of a particular class and are liberally construed
so as to be beneficial or advantageous to that person or class. They are also called welfare
statutes meant for the welfare of that class, for example, industrial dispute act 1947 workmen
compensation act 1923, Consumer Protection Act 1986.

Note on construction of beneficial legislation/welfare statute? 6 Marks

Beneficial statutes may be in the form of remedial statutes or welfare statutes or socio-
economic statutes.
• A beneficial or remedial statute shall be construed liberally.
• A remedial statute is one which remedies defect in the pre-existing law, statutory or
otherwise for the benefit of the society and to suit to the changed conditions of society.
• A welfare statute is one which aims to look after the wellbeing of the people by keeping
good health and enjoying all good things in life.

A beneficial legislation is a statute which purports to confer a benefit on individuals or a class

of persons. The nature of such benefit is to relieve said persons of onerous obligations under
contracts entered into by them. Further individuals with whom they stand in certain relations
may attempt to perpetrate oppressive acts upon the vulnerable party and a beneficial
legislation tends to protect them in such instances.1 When a statute is interpreted liberally and
is given the widest possible meaning which the language permits it is known as Beneficial
Interpretation. When a statute is meant for the benefit of a particular class and if a word in the
statute is capable of two meanings i.e. one which would preserve the benefits and one which
would not, then the meaning that preserves the benefit must be adopted. Beneficial
construction is an interpretation to secure remedy to the victim who is unjustly denied of
relief. The interpretation of a statute should be done in such a way that mischief is suppressed
and remedy is advanced.

Page 73 of 128
Beneficial Construction in the Interpretation of Statutes is an approach where courts interpret
legislation broadly to fulfil its intended protective purpose. This principle is applied when a
statute aims to benefit a specific class or group, ensuring that ambiguities are resolved in
favour of the beneficiaries.

It involves giving the statute the widest meaning to protect the interests of those it aims to
help, often seen in social welfare, labour, and consumer protection laws. By adopting this
approach, courts ensure that the statute’s primary objective of providing benefits and
protections is achieved effectively.

 This rule is based on the maxim, “Salus populi est suprema lex” which means, the
welfare of the people is the supreme law.
 Beneficial construction means to promote public good and prevent misuse of power. An
interpretation for the promotion of public good.
 Where the object of the legislation is to give the benefit to a particular class of persons,
& the language of the statute fails to achieve that object, then the words of the statute
must be given a more extended meaning so that the object of the legislation can be
achieved.
 The beneficial construction shall be given to the Act only if the words of the legislature
discloses the beneficent object. But if it clearly gives contrary intention, then it should
not be given beneficial construction.
 According to Maxwell, beneficial construction is a tendancy (i.e. inclination), rather
than a rule.
 Beneficial statutes should not be construed too restrictively. In case of doubt or two
possible views, the beneficial legislation is to be interpreted in favour of beneficiaries.
 But, provision which is not provided in a statue should not be read into it only because
it is beneficial legislation.
 Liberal interpretation does not mean that benefit can be given contrary to the provisions
of the Act or in violation of statutory provisions (SR Radhakrishnan v. Neelamegam)
 Where beneficial legislation has a scheme of its own and there is no vagueness or doubt
therein, the court would not travel beyond the same and extend the scope of the statute
on the pretext of extending the statutory benefit to those not covered by it. ( Deepal
Girishbhai Soni v. United India Insurance Co )
 While interpreting a procedural statute, such construction should be preferred as
promotes justice and prevent miscarriage (failure of plan). The language employed by
the draftsman of procedural law may be liberal or stringent, but the fact remains that the
objective of prescribing procedure is to advance the cause of justice (SK Salim Haji
Abdul Khayumsab v. Kumar)

Manohar Lal v. State of Punjab: In this case section 7 of the Punjab Trade Employees Act,
1949 directing that shops and establishments to which the Act applied shall remain closed
one day in a week was held not to violate Article 19(1)(g) of the Constitution as it was a
reasonable restriction on the fundamental right because it ensures health and efficiency of the
worker. The position would be same even if the business is being conducted by the owner
and his family members.

On similar grounds, hours of employment of employees and opening and closing hours of
shops or establishments cannot be held as violative of Article 19(1)(g)(Ramdhandas v. State
of Punjab)

Page 74 of 128
Beed District Central Co-Operative Bank v. State of Maharashtra: The Payment of Gratuity
Act is a beneficial statute. It is generally accepted that, when two views are possible, the
statute may be constructed in favour of the workman. It is also held that, only because a
statute is beneficent in nature, the same would not mean that it should be construed in favour
of the workman only although they are not entitled to benefits thereof.

Shantha v. BG Shivananjappa : Section 125 of the Criminal Procedure Code (Cr PC) has
been held to be a measure of social legislation and therefore has to be construed liberally for
the welfare and benefit of the wife and children.

Hindustan Lever Ltd. v. Ashok Vishnu Kate: In this case, the court emphasized that statutes
related to the prevention of unfair Labour practices should be interpreted from the laborers’
perspective, as the legislation aims to benefit them. This principle extends to other social
welfare legislations, ensuring that the interpretation aligns with the interests of the
beneficiary class.

Alembic Chemical Works v. Workmen (AIR 1961 SC 647): The court concluded that the
Factories Act, being beneficial legislation, should be construed in favour of both employers
and workmen to ensure fairness and protection of workers’ rights.

Examples of Beneficial Construction in Interpretation of Statutes - beneficial

construction in interpretation of statutes is particularly relevant in social welfare legislation,
labour laws and statutes aimed at protecting vulnerable groups. Examples include:

 Industrial Disputes Act: This act aims to provide protection and fair treatment to
workers. Courts have interpreted its provisions broadly to ensure that workers’ rights
are upheld and that they receive the benefits intended by the legislation.
 Consumer Protection Act: Designed to protect consumers’ rights, this act is often
interpreted in a manner that maximises consumer benefits. Courts tend to favour
interpretations that enhance consumer protection and address grievances effectively.
 Juvenile Justice Act: Aimed at safeguarding the interests of minors, this act is
interpreted liberally to ensure that juveniles receive the care, protection and
rehabilitation intended by the law.
 Labour Laws: Various labour-related statutes are interpreted to protect workers’
rights and promote fair labour practices. For instance, the Minimum Wages Act and
the Factories Act are construed to ensure that workers receive fair wages and work in
safe conditions.

Conclusion: The principle of beneficial construction of statutes is a vital tool in legal

interpretation. It ensures that the purpose of the legislation is fulfilled, especially when the
statute aims to protect the interests of specific classes or groups. By adopting a broad and
generous approach, courts can safeguard the rights and benefits intended by the legislature.

This principle not only enhances the effectiveness of social welfare legislation but also
promotes justice and fairness in the legal system. Through beneficial construction in
interpretation of statutes, the judiciary plays an important role in ensuring that the protective
intentions of the legislature are realised in practice.

Discuss the principles of Interpretation of Remedial Statute? 12 marks

Page 75 of 128
A remedial statute is a kind of law that offers new help or a new solution. Its main purpose is
to improve how rights are protected and address problems or errors in the old law. Examples
of remedial statutes include the Maternity Benefits Act of 1961 and the Workmen’s
Compensation Act of 1923. In short A law enacted for the purpose of correcting a defect in a
prior law, or in order to provide a remedy where none previously existed.

The remedial statute is one whereby new favor or a new remedy is conferred. The term
remedial means opposite to penal. It is a statute which provides a remedy. The object of
remedial statute is either to redress some existing grievances or introduce some new
regulation or proceeding conducive to the public good. Remedial statutes are also known as
Welfare, Beneficent or Social justice oriented legislations. These statutes keep the system of
jurisprudence up to date and in harmony with new ideas or new conceptions of what
Constitutes just and proper human conduct. Their legitimate purpose is to advance human
rights and relationships.
Remedial statutes are those statutes which have come to be enacted on demand of the
permanent public policy. On constructing a remedial statute, the courts ought to give it ‘the
widest operation’ which the language of statute will permit. Courts exist only to see that a
particular case is within the mischief to be remedied and whether it falls within the language
of the enactment. There are various examples of remedial statutes which are discussed below
along with the case laws:
1. The Labour and welfare legislations: These legislations should be construed broadly and
liberally and while construing them due regard to the Directive Principles of State Policy
(Part IV) of the Constitution of India and to any international convention on the subject must
be given by the courts. In case of MC Mehta v. State of Tamil Nadu AIR 1991 SC 417, the
Child Labour (Prohibition and Regulation) Act, 1986 was construed. The Court, having
regard to the Directive Principles in Articles 39(e), 39(f), 4(i), 45 and 47 of the Constitution,
the fundamental rights in Art. 24, United nation convention on the rights of the child, not
only directed a survey of child labour and its prohibition but also directed payment in
monetary terms as contribution by the employer to the Child Labour-Rehabilitation-cum-
Welfare Fund to the parent/guardian of the child to ameliorate poverty and lack of funds for
welfare of the child.
2. Social benefit oriented legislations: These legislations are to achieve the purpose of the
enactment but without any violence to the language. If a section of a remedial statute is
capable of two constructions, then that construction should be preferred which furthers the
policy of the Act and is more beneficial to those in whose interest the Act may have been
passed. The liberal construction must flow from the language used and the rule does not
permit placing of an unnatural interpretation on the words contained in the enactment nor
does it permit the raising of any presumption that protection of widest amplitude must be
deemed to have been conferred upon those for whose benefit the legislation may have been
enacted. In case there is any exception in the beneficial legislation which curtails its
operation, the Court in case of doubt should construe it narrowly so as not to unduly expand
the area or scope of exception. It has been held that a law enacted essentially to benefit a
class of persons considered to be oppressed may be comprehensive in the sense that to some
extent it also benefits those not within that class, for example, tenants and landlords. The
Control of Rent and Eviction Act which drastically limits the grounds on which a tenant can
be evicted is essentially to benefit the tenants but it is also to some extent benefit the landlord,
who can file a suit for eviction on the grounds mentioned in the Act even though the tenancy
has not been terminated in accordance with the provisions of the Transfer of Property Act,
1956. When contracts and transactions are prohibited by statutes for the sake of protecting
one class of persons, the one from which situation and condition being liable to be oppressed

Page 76 of 128
and imposed upon by the other, the parties are not in pari delicto and a person belonging to
the oppressed class can apply for
redress even if he was a party to a contract or transaction prohibited by the statute.

The interpretation of remedial statutes is guided by several key principles aimed at ensuring
that such statutes achieve their intended purpose of addressing and correcting specific issues
or injustices. Here are the main principles involved:

1. Purposeful Interpretation: The primary principle is to interpret remedial statutes in a

way that fulfills their intended purpose. Remedial statutes are designed to remedy
specific problems or injustices that existed under the previous legal regime. Thus,
interpretations should focus on the statute's objective and the problem it seeks to
address.
2. Broad and Liberal Construction: Courts typically adopt a broad and liberal approach
to the interpretation of remedial statutes. This means that the language of the statute
should be construed in a way that maximizes its effectiveness in achieving its remedial
goals. A narrow or restrictive interpretation could undermine the statute’s effectiveness
in addressing the issues it was designed to remedy.
3. Beneficial Construction: Remedial statutes are intended to benefit individuals or
groups affected by the problems the statute addresses. Therefore, interpretations should
be made in a manner that provides the maximum benefit to the beneficiaries of the
statute. This involves interpreting provisions in a way that expands the scope of relief or
protection provided by the statute.
4. Avoiding Technicalities: When interpreting remedial statutes, courts generally avoid
overly technical or formalistic interpretations that could frustrate the statute’s remedial
objectives. Instead, the focus is on the substance of the statute and its impact on the
affected parties, rather than strict adherence to technicalities or procedural
requirements.
5. Consistency with Legislative Intent: Understanding and reflecting the legislative
intent behind the statute is crucial. Courts will often look at the legislative history,
debates, and other relevant materials to discern the intent of the lawmakers. The
interpretation should align with the overall goal that the legislature sought to achieve
through the statute.
6. Balancing Principles: While a liberal and broad interpretation is generally favored, it
must be balanced with principles of fairness and legal certainty. The interpretation
should not lead to unintended consequences or create new issues. Courts need to ensure
that the statute’s application remains fair and predictable.

By adhering to these principles, courts aim to ensure that remedial statutes effectively address
and correct the issues they were designed to remedy, while also respecting the broader
principles of justice and fairness.

What is Penal Statute? How is it interpreted? 2 Marks

Any statute which imposes a penal liability on a person who is found to be guilty of any
offence according to the provision of the statute is said to be a penal statute. Thus the
essential ingredient is punishing certain acts or wrongs. The word penal denotes some kind of
punishment awarded to an individual by the mandate of the state. Some instances of such
statutes are the Indian Penal Code,1860, Prevention of Corruption Act, 1988, Prevention of
Food Adulteration Act,1954 etc.

Page 77 of 128
Penal statute has to be strictly interpreted or construed. Unless the words of statute clearly
make an act criminal, it shall not to be construed as criminal. Thus clear language is needed
to create a crime and impose a penalty. The rule exhibits preference for the liberty of the
subject and in the case of ambiguity enables the court to revolve the doubt in favour of the
subject.

Note on Interpretation of Statute? Explain Strict construction of Penal Statute?

6 & 12 Marks

Any statute which imposes a penal liability on a person who is found to be guilty of any
offence according to the provision of the statute is said to be a penal statute. Thus the
essential ingredient is punishing certain acts or wrongs. The word penal denotes some kind of
punishment awarded to an individual by the mandate of the state. Some instances of such
statutes are the Indian Penal Code,1860, Prevention of Corruption Act, 1988, Prevention of
Food Adulteration Act,1954 etc.

Penal statute has to be strictly interpreted or construed.

Purpose: The primary purpose of penal statutes is to deter criminal behavior, punish
offenders, and uphold public order and safety. They provide a clear framework for what is
considered illegal and the legal consequences for engaging in such conduct.

Interpretation of Penal Statutes: The interpretation of penal statutes involves several key
principles to ensure justice and fairness:

1. Strict Construction: Penal statutes are generally interpreted strictly. This means that
the language of the statute is read narrowly to avoid expanding the scope of criminal
liability beyond what is clearly defined in the statute. The principle of "nullum crimen,
nulla poena sine lege" (no crime, no punishment without law) underlines this approach,
emphasizing that no one should be punished under a law unless the law explicitly
defines the offense and the penalty.
2. Rule of Law and Fair Notice: A strict interpretation ensures that individuals have fair
notice of what conduct is prohibited. If a statute is ambiguous or overly broad, it could
violate the principle of legality, which requires that laws be clear and specific so
individuals can understand what behavior is illegal.
3. Legislative Intent: Courts consider the legislative intent behind a penal statute to
determine its proper application. This involves examining the statute’s text, legislative
history, and purpose to understand the specific mischief the law aims to address and
how it should be applied.
4. Avoiding Judicial Legislation: Courts must avoid creating or expanding criminal
offenses through interpretation. They are bound by the text of the statute and cannot
impose penalties or create crimes that were not explicitly defined by the legislature.
5. Principle of Lenity: When a penal statute is ambiguous, courts often apply the
principle of lenity. This principle dictates that ambiguities in criminal statutes should be
resolved in favor of the defendant, meaning that the statute should not be interpreted to
impose harsher penalties than those clearly intended by the legislature.
6. Constitutional Limits: Interpretations of penal statutes must also align with
constitutional principles, including due process rights and protections against cruel and
unusual punishment. This ensures that penal statutes are applied in a manner consistent
with broader constitutional guarantees.

Page 78 of 128
By adhering to these interpretive principles, courts ensure that penal statutes are applied fairly
and consistently, respecting the rule of law and protecting individual rights while enforcing
societal norms.

Strict Interpretation of Penal Statute - While constructing a provision in a penal statute if

there appears to be a reasonable doubt or ambiguity, it shall be resolves in favour of the
person who would be liable to penalty. If a penal provision rationally be interpreted in such a
way that punishment can be avoided, it must be construed in that way only.

However, if a given provision is capable of two reasonable interpretation of a penal

provision, the one which is more lenient should be considered. Punishment can be meted out
to a person only if the plain word of the penal provision without any extension of meaning
have the ability to bring that person under its purview. While interpreting the statute strictly
the spirit of the statute is not taken into consideration, hence a penalty cannot be imposed on
the basis that the object of a statute so desired.

According to Maxwell, the strict construction of Penal Statutes manifests itself in following
ways:

 In the requirement of express language for the creation of an offence;

 In interpreting strictly words setting out the elements of an offence in requiring the
fulfilment to the letter of statutory conditions precedent to the infliction of punishment;
 In insisting on the strict observance of technical provisions concerning criminal procedure
and jurisdiction.

Unless and until the words given in a statute give a clear indication of the act made criminal,
it shall not be interpreted as criminal. It is the duty of the court to inflict punishment on a
person only when the circumstances of a case unambiguously fall under the letter if the law.
All the legislations which deal with the jurisdiction and procedure with regards to imposition
of penalties should be interpreted and construed strictly.

It is the foremost duty of the Court to see that all the procedural requirements given in a
statute with respect to punishments in a statute are duly complied with before sentencing the
accused. In case of any doubt in such cases, the benefit of doubt goes to the accused. Such a
benefit can go upto the extent of acquitting the accused on the grounds of technicality of the
statute.

Penal statutes follow the principle of prospective operation. Prospective operation states that,
'If there is a reasonable interpretation by which a penalty can be avoided, that interpretation
should be accepted.' And in cases where a provision can be reasonably interpreted in various
ways, that specific interpretation must be avoided which causes hardship or injustice.

Thus during the interpretation of it penal statute it must be carefully looked upon that
punishment or penalty could be imposed if and only if the conduct of he accused falls clearly
within the letter of the law.

An enactment entailing penal consequences does in no case permit violence with the
language used so as to bring it within the express words of the Act. Though it is true that, a
penal statute must never be so construed as to narrow down its words to exclude such cases
as would ordinarily be within its ambit.

Page 79 of 128
Motibai v/s R. Prasad (1970) - It was stated that Court should not try to add new words on
its own, while interpreting a Penal statute. Courts are required to do Grammatical
Interpretation of Penal Statutes.

Sanjay Dutt v. State, Through CBI, Bombay: Section 5 of the Terrorist and Disruptive
Activities (Prevention) Act, 1987 was construed. It required three ingredients to be proved for
an offence falling under that section.

1. Possession of any of the specified arms and ammunitions

2. Unauthorizedly,
3. In a notified area.

The section did not in terms provide that, the accused could in anyway escape punishment if
the aforesaid three ingredients were established. However it was held that, possession of
unauthorized arms, etc in a notified area raised a presumption that the arms, etc were to be
meant to be used for a terrorist or disruptive act which was in effect is third ingredient
therefore, the accused was entitled to rebut (prove to be false or incorrect) this presumption
and escape the punishment under section 5 by proving that, his unauthorized possession of
arms etc. was wholly unrelated to any terrorist or disruptive activity and the same was neither
used nor available in that area for any such use.

Explain the ouster or exclusion of Jurisdiction? 2 Marks

Definition: Ouster or exclusion of jurisdiction refers to provisions or clauses in legislation

that attempt to limit or exclude the ability of courts to review or adjudicate certain matters.
Such clauses seek to prevent courts from examining the legality or validity of specific actions
or decisions made by authorities, typically to safeguard administrative decisions from
judicial scrutiny.

Purpose - Administrative Efficiency: To protect certain administrative or executive

decisions from judicial review, thereby allowing administrative bodies to function without
frequent judicial interruptions.

Legislative Intent: To uphold the intent of the legislature by ensuring that specific decisions
or actions are not subject to judicial review, as per the provisions of the statute.

Legal Clarity: To provide clear boundaries regarding what matters are reviewable by courts
and which are excluded from judicial oversight.

State of U.P. v. Raj Narain (1975) - Facts: This case involved the validity of an ouster
clause in a statute related to the electoral process.

 Issue: Whether the ouster clause preventing judicial review of certain electoral matters
was valid.
 Decision: The Supreme Court of India held that ouster clauses cannot completely exclude
judicial review, particularly in matters involving fundamental rights or constitutional
issues. The Court emphasized that the rule of law and constitutional review cannot be
circumvented by ouster clauses.

Page 80 of 128
Significance - Rule of Law: Ensures that fundamental principles of justice, fairness, and
legality are upheld, preventing the total exclusion of judicial oversight.

Checks and Balances: Maintains the balance between the powers of the executive and
judiciary, ensuring that administrative decisions are made within the bounds of the law.

Legal Protection: Safeguards individuals' rights by allowing judicial review in cases where
administrative decisions may infringe upon legal or constitutional protections.

Conclusion: Ouster or exclusion of jurisdiction clauses seek to limit the scope of judicial
review over certain decisions or actions. While such clauses may be partially valid, absolute
ouster clauses that completely prevent judicial review are generally deemed unconstitutional.
The principles of the rule of law and judicial review are fundamental in ensuring that
administrative and legislative actions remain within legal and constitutional limits, protecting
individual rights and maintaining a balance of power within the government.

Note on principles of Constitutional Interpretation? 12 Marks

Introduction: As a fundamental notion in constitutional law, the principle of constitutional

interpretation governs the standards, that judges must employ when deciphering the text of a
constitution. Constitutional interpretation is the process of determining the meaning and
extent of constitutional provisions by evaluating the text of the constitution and the historical,
social, and political environment in which it was established. The judiciary, particularly the
Supreme Court, is responsible for interpreting the Constitution. The principle of
constitutional interpretation is critical in understanding the judiciary's role in interpreting the
Constitution. Purpose and Objective: The principle of constitutional interpretation is aimed
at guiding judges in interpreting and applying constitutional provisions to specific cases. The
primary objective is to ensure that the Constitution is interpreted in a manner that respects its
text, history, and underlying principles while also considering the changing needs and
circumstances of society. Some of the crucial goals of the principle of constitutional
interpretation are:

1. Ensuring that the text of the Constitution is given effect: Judges must interpret the
Constitution's text in a way that reflects its meaning and purpose. They should consider
the words' plain meaning and the context and history surrounding their adoption.
2. Protecting individual rights and liberties: The Constitution is meant to protect individual
rights and liberties, and judges should interpret its provisions in a way that advances
this goal. This may entail interpreting broadly-worded provisions in a way that
safeguards fundamental rights or restricting the scope of government power to ensure
that individual freedoms are not infringed.
3. Upholding the rule of law: The Constitution is the supreme law of the land, and judges
should interpret it in a manner that upholds the rule of law. This requires ensuring that
government actions are subject to legal restrictions and that the law is administered
impartially and consistently.
4. Adapting to changing circumstances: The Constitution was designed to be a flexible
document that could respond to evolving social and political circumstances. Judges
must interpret its provisions in a way that takes into account new developments and
changing needs in society while still adhering to its underlying principles.

Page 81 of 128
Definition of Constitutional Interpretation: Constitutional interpretation refers to the
process through which courts interpret and apply the provisions of a constitution to specific
legal issues or situations. It entails evaluating the text, structure, history, and underlying
principles of a constitution to determine its interpretation and scope, and to drive the
formation of legal doctrine and precedents. Constitutional interpretation is an important
component of constitutional law, as it helps to establish the limits of government power,
preserve individual rights and liberties, and uphold the rule of law.

The process of interpretation requires a close reading of the Constitution and its application to
individual circumstances. India's constitution can be interpreted in a number of ways,
including textualism, originalism, and purposive interpretation. Textualism adheres to the
literal interpretation of the Constitution, while originalism looks to the original intentions of
the document's authors. On the other hand, a "purposeful reading" of the Constitution would
involve analyzing it in terms of its original intentions and the historical, social, economic, and
political climate in which it was drafted. In India, the Constitution is not only interpreted by
the judiciary but also by the administration and the legislature. Judiciary, however, is often
regarded as the most authoritative source on constitutional interpretation, and its rulings are
obligatory on the executive, legislative, and judicial institutions. As a whole, constitutional
interpretation in India is a continuing process that requires striking a balance between
divergent interests and ideals and adjusting the Constitution to reflect the country's evolving
political, economic, and social landscape.

Three main schools of thought can be identified when discussing constitutional interpretation:

 Historical interpretation: When interpreting constitutional provisions, it can be helpful

to look back at previous interpretations to help clear up any ambiguities or
uncertainties.
 Contemporary interpretation: The Constitution should be understood in the context of
the contemporary moment. It's important to take into account the current condition
and circumstances.
 Harmonious Construction: Where two provisions in legislation are in such
disagreement with each other that both of them cannot stand together, it is possible
that they should be so read that effect can be given to both. Because it is not a viable
option to embrace a construction that renders both of them ineffective and useless. In
Re Kerala Education Bill 5, the Supreme Court ruled that while deciding cases
involving basic rights, the court must take into account the directive principles and
follow the concept of harmonious construction in order to give effect to both
conceivable outcomes. If a statute can be interpreted in more than one way, as was the
case in Bhatia International v. Bulk trade SA7, the court must pick the interpretation
that best reflects the intention of the legislature.

General rules of interpretation of the Constitution:

 The words must be given full effect if they are clear and unambiguous.
 The Constitution must be read in its entirety.
 Harmonic construction principles should be used.
 The Constitution must be interpreted liberally.
 The court must determine the intent of the constitution by looking beyond its literal
words.
 When interpreting, it's acceptable to use both internal and external help.

Page 82 of 128
  All other laws are subordinate to the Constitution.

Various principles of constitutional interpretation discussed in judicial decisions are –

1.) Doctrine of Harmonious Construction, 2.) Doctrine of Pith and Substance, 3.)
Principle of Colorable Legislation, 4.) Principle of Eclipse, 5.) Doctrine of Severability,
6.) Principle of Implied Powers, 7.) Doctrine of Repugnancy, 8.) Principle of Incidental
or Ancillary Powers, 9.) Doctrine of Implied Prohibition, 10.) Doctrine of Prospective
Overruling, 11.) Doctrine on Incidental Encroachment.

1.) DOCTRINE OF HARMONIOUS CONSTRUCTION: The doctrine of harmonious

construction is a judicial principle used to resolve conflicts between different provisions of
the same statute.

About: The term harmonious construction refers to such construction by which harmony or
oneness amongst various provisions of an enactment is arrived at. When the words of
statutory provision bear more than one meaning and there is a doubt as to which meaning
should prevail, their interpretation should be in a way that each has a separate effect and
neither is redundant or nullified.

Origin: The Doctrine of Harmonious construction originated through interpretations given by

courts in a number of cases. The evolution of the doctrine can be traced back to the very first
amendment made in the Constitution of India with the landmark judgment of Shankari
Prasad v. Union of India.

Principles of rule of Harmonious construction:

o In the landmark case of CIT v. Hindustan Bulk Carriers (2003) the supreme court laid
down five principles of rule of harmonious construction:
 The courts must avoid a head-on clash of seemingly contradicting provisions and they
must construe the contradictory provisions.
 The provision of one section cannot be used to defeat the provision contained in
another unless the court, despite all its efforts, is unable to find a way to reconcile
their differences
 When it is impossible to completely reconcile the differences in contradictory
provisions, the courts must interpret them in such a way so that effect is given to both
the provisions as much as possible.
 Courts must also keep in mind that interpretation that reduces one provision to useless
number or death is not harmonious construction.
 To harmonize is not to destroy any statutory provision or to render it fruitless.

Important Judgements: In the Re-Kerala education bill 1951 case it was held that in
deciding the fundamental rights the court must consider the directive principle and adopt the
principle of harmonious construction. So, two possibilities are given effect as much as
possible by striking a balance.

In East India hotels ltd. V. Union of India (2001) case, it was held that an Act is to be read
as a whole, the different provisions have to be harmonized and the effect to be given to all of
them.

Page 83 of 128
Jagdish Singh v. Lt. Governor, Delhi, 1997: Here, the Supreme Court reiterated the need to
read statutes harmoniously, ensuring that no provision becomes ineffective. The court
emphasized that the objective of harmonious construction is to avoid conflict and promote the
smooth functioning of the legislative intent.

Bengal Immunity Co. V. State of Bihar, 1955: This case highlighted the limits of the
doctrine. The Court held that conflicting provisions should be interpreted to allow both to be
effective. However, if it is impossible to harmonize the provisions, the less useful provision
can be ignored, provided there is no compulsion to adopt it.

2.) DOCTRINE OF PITH AND SUBSTANCE: The principle of pith and substance is used
to determine the true nature and essential character of a legislation, especially when there is
a conflict regarding legislative competencies between the Union and State legislatures.

Key Features:

 True Nature and Substance: “Pith” refers to the true nature or essence of something,
while “substance” refers to its most important or essential part.
 Resolution of Conflicts: This doctrine of constitutional interpretation helps resolve
conflicts by determining which legislative field (Union List, State List or Concurrent
List) a particular piece of legislation falls into.
 Intra Vires vs. Ultra Vires: If the pith and substance of the legislation fall within the
legislative competence of the enacting body, it is deemed intra vires (within powers),
even if it incidentally encroaches upon matters outside its jurisdiction.

Origin: The doctrine was first acknowledged in the Canadian Constitution and In India, it
came to be adopted in the pre-independence period, under the Government of India Act,
1935.

Applicability: The Doctrine of Pith and Substance is usually applied where the question
arises of determining whether a particular law relates to a particular subject (mentioned in
Seventh Schedule), the court looks to the substance of the matter. Apart from its applicability
in cases related to the competency of the legislature (Article 246), the Doctrine of Pith and
Substance is also applied in cases related to repugnancy in laws made by Parliament and
laws made by the State Legislatures (Article 254). The doctrine is employed in such cases to
resolve the inconsistency between laws made by the Centre and the State Legislature.

Important Judgement: In Prafulla v. Bank of Commerce (1946), the SC held that a State
law, dealing with money lending (a State subject), is not invalid, merely because it
incidentally affects promissory notes.

State of Bombay v. Narottamdas, 1950: In State of Bombay v. Narottamdas (1950), the

Supreme Court held that to validate incidental encroachment, it must be shown that the pith
and substance of the law lie within the enacting legislature’s domain. The validity of a statute
is determined by its true nature, not merely by the degree of encroachment. If the core
purpose and essence (pith and substance) of the law fall within the legislative powers of the
enacting body, the law is upheld.

3.) PRINCIPLE OF COLOURABLE LEGISLATION: This doctrine is based on the

principle that what cannot be done directly cannot be done indirectly. This doctrine is found

Page 84 of 128
in the wider doctrine of “fraud on the constitution”. The Doctrine of Colorable Legislation
comes into play when a Legislature does not possess the power to make law upon a particular
subject but nonetheless indirectly makes one. By applying this principle, the fate of the
Impugned Legislation is decided. A thing is Colorable when it seems to be one thing in the
appearance but another thing underneath.

Origin: This Doctrine traces its origin to a Latin Maxim which, in this context, implies:
“Whatever legislature cannot do directly, it cannot do indirectly”.

Constitutional Provision: The doctrine is usually applied to Article 246 which has
demarcated the Legislative Competence of the Parliament and the State Legislative
Assemblies by outlining the different subjects under Union list, State list and Concurrent
list.

Limitation: The doctrine has no application where the powers of a Legislature are not
fettered by any Constitutional limitation. It is also not applicable to Subordinate
Legislation.

Key Features:

Legislative Competence: The principle is primarily concerned with whether a legislature

has the authority to enact a particular law.
 No Examination of Motives: It does not involve questions of legislative bona fides or
mala fides (good or bad faith).
 Direct vs. Indirect Legislation: The doctrine comes into play when a legislature tries
to achieve an objective indirectly that it cannot achieve directly due to constitutional
constraints.
 Application in India: This doctrine is often applied concerning Article 246, which
delineates the legislative competencies of the Parliament and State Legislative
Assemblies through the Union, State and Concurrent Lists in the Seventh Schedule.

In cases where the legislature tries to enact laws under the guise of legitimate objectives
while circumventing constitutional limitations, courts use this principle to determine the
validity of such laws.

Important Judgement: In R.S Joshi v. Ajit Mills (1977), the SC observed that “In the
statute of force, the colourable exercise of or extortion on administrative force or
misrepresentation on the constitution, are articulations which only imply that the assembly is
clumsy to authorise a specific law, albeit the mark of competency is struck on it, and
afterwards it is colourable enactment.”

Naga People’s Movement for Human Rights v. Union of India, 1997: In Naga People’s
Movement for Human Rights v. Union of India, the Supreme Court clarified the application
of the doctrine of colourable legislation. The doctrine is pertinent only when:

 The true intention behind a legislation is disguised.

 There is an intent to encroach upon the domain of another legislature.

The purpose of a legislation might differ from its apparent objective. However, it does not
constitute colorable legislation if the issue does not pertain to the legislative competence to

Page 85 of 128
enact it. The doctrine does not consider whether the legislation was enacted with bona fide or
mala fide intentions. The only relevant question is whether the substance of the statute falls
within the legislative domain of the enacting body.

4.) PRINCIPLE OF ECLIPSE: The doctrine of eclipse states that a law inconsistent with
fundamental rights is not entirely invalid but remains inoperative to the extent of the
inconsistency. This inconsistency can be removed through constitutional amendments,
thereby reviving the law.

About: It is applied when any law/act violates the Fundamental Rights (FR). In such a case,
the FR overshadows the law/act and makes it unenforceable but not void ab initio (Having no
legal effect from inception). They can be reinforced if the restrictions posed by the
fundamental rights are removed. It is only against the citizens that these laws/acts remain in
a dormant condition but remain in operation as against non-citizens who are not entitled to
fundamental rights.

Constitutional Provisions: Doctrine of eclipse is contained in Article 13(1) of the Indian

Constitution. The doctrine of eclipse does not apply to post-constitutional laws.

Key Features:

 Inoperative vs. Invalid: The law does not become null and void but is overshadowed
by the fundamental right.
 Constitutional Amendments: The eclipse can be removed if a constitutional
amendment eliminates the inconsistency.
 Pre-Constitution Laws: This principle particularly applies to laws that existed before
the commencement of the Constitution and became inoperative due to conflicts with
fundamental rights.

Important Judgement: It was first introduced in India in Bhikaji Narain Dhakras v. State
of Madhya Pradesh (1955) where in the Central Provinces and Berar Motor Vehicles
(Amendment) Act, 1947 empowered the Provincial Government to take up the entire
Provincial Motor Transport Business, these are violative of article 19(1) (g). The Supreme
Court held that the impugned law became, for the time being, eclipsed by the fundamental
right.

Keshavan Madhava Menon v. The State of Bombay: In the landmark case of Keshavan
Madhava Menon v. The State of Bombay, the issue revolved around a law that existed
before the Indian Constitution came into force. This pre-constitution law imposed restrictions
on the right to practice any profession, trade or business, which is guaranteed to citizens of
India under Article 19(1)(g). Key Points of the Case:

 Existing Law: The law in question was already in force when the Constitution was
enacted.
 Inconsistency with Fundamental Rights: The restrictions imposed by this law could
not be justified as reasonable under clause (6) of Article 19, which allows for
reasonable restrictions on the right to practice any profession, trade or business.
 Article 13(1): According to Article 13(1), any pre-constitution law that is inconsistent
with the fundamental rights conferred by Part III of the Constitution becomes void to
the extent of such inconsistency.

Page 86 of 128
Supreme Court’s Ruling: The Supreme Court held that the law did not become void in its
entirety or for all purposes, times and persons. Instead, it became void only “to the extent of
such inconsistency.” This meant that the law remained valid except for the parts that were
inconsistent with the fundamental rights enshrined in Part III of the Constitution.

The Court clarified that the law’s invalidity was limited to its conflict with the new
constitutional provisions. As a result, the law was not entirely abrogated but was rendered
inoperative only to the extent that it infringed upon the fundamental rights of the citizens.

5.) DOCTRINE OF SEVERABILITY: The doctrine of severability, provided for under

Article 13 of the Indian Constitution, states that if parts of a law are unconstitutional, those
parts can be severed, leaving the rest of the law intact and enforceable.

About: It is also known as the doctrine of separability and protects the Fundamental
Rights of the citizens. As per clause (1) of the Article 13 of the Constitution, if any of the
laws enforced in India are inconsistent with the provisions of fundamental rights, they shall,
to the extent of that inconsistency, be void. The whole law/act would not be held invalid, but
only the provisions which are not in consistency with the Fundamental rights.

Limitation: If the valid and invalid part are so closely mixed up with each other that it
cannot be separated then the whole law or act will be held invalid.

Origin: The Doctrine of Severability finds its roots in England in the case of Nordenfelt v.
Maxim Nordenfelt Guns and Ammunition Company Ltd. where the issue was related to a
Trade clause.

Key Features:

 Severable vs. Inseverable: The unconstitutional provisions are severed if the

remaining law can still function independently and effectively.
 Constitutional Provisions: This principles of constitutional interpretation states that
laws that contravene fundamental rights are void to the extent of inconsistency.
 Preservation of Legislation: Courts strive to preserve as much of the legislation as
possible by severing only the unconstitutional parts.

Important Judgements: In A.K. Gopalan v. State of Madras (1950), the SC held that in
case of inconsistency to the Constitution, only the disputed provision of the Act will be void
and not the whole of it, and every attempt should be made to save as much as possible of the
act.

In State of Bombay v. F.N. Balsara (1951), eight sections of the Bombay Prohibition Act
were declared invalid, the Supreme Court said that the portion which was invalid to the extent
of fundamental rights was separable from the rest of the act.

6.) PRINCIPLE OF IMPLIED POWERS: The doctrine of implied powers holds that
powers not explicitly stated but necessary for the execution of constitutionally granted
powers are also valid. Key Features:

 Necessity and Proper Clause: Powers necessary and proper for executing granted
powers are implied.

Page 87 of 128
  Constitutional Interpretation: General terms in constitutional grants of power or
restraints lead to implied powers or restraints.
 Execution of Powers: Ensures that the legislative and executive branches can
effectively perform their constitutionally assigned duties.

Legal Basis: This principle is rooted in the functional and purposive interpretation of the
Constitution, ensuring that the spirit of constitutional provisions is fulfilled even when not
explicitly stated.

7.) DOCTRINE OF REPUGNANCY: The doctrine of repugnancy addresses conflicts

between state and central laws in India. Article 254 of the Indian Constitution provides the
framework for resolving such conflicts. Article 254(1) states that if a state law is repugnant
(i.e., incompatible) with:

 A law that the Parliament is competent to enact, or

 An existing law under the Concurrent List,

then the central or existing law prevails and the state law is void to the extent of the
repugnancy. The chronology of the laws’ enactment is irrelevant. Key Points:

 Central Law Prevails: In case of conflict, the central law overrides the state law.
 Repugnant Provisions: The conflicting parts of the state law do not become ultra
vires (beyond powers); they are merely eclipsed. If the central law is repealed, the
state law provisions become operative again.
 Doctrine of Pith and Substance: This doctrine is used to determine if the true nature
of the state law falls under a matter listed in the Concurrent List. If the repugnancy is
with a central law, it must be assessed whether Parliament intended to create an
exhaustive code on the matter. If not, any qualifications or restrictions by the state law
are not considered repugnant.

Article 254(2) provides an exception where a state law on a concurrent matter, repugnant to a
central law, can prevail if it receives Presidential assent. However, this only applies to the
state concerned and not uniformly across the country. Key Points:

 Presidential Assent: The state law can override the central law if it receives
Presidential assent, but it must be specified that the assent is sought for the
repugnancy with a particular act. Failing to specify this makes the state law invalid.
 State-Specific Application: The inconsistent provisions apply only within the state
that enacted the law.
 Subsequent Central Laws: If the central government enacts a new law conflicting
with the state act that had Presidential assent, the central law prevails, as held in Pt.
Rishikesh v. Salma Begum (1995).

Srinivasa Raghavachar v. State of Karnataka, 1987: The case involved a state law
restricting legal practitioners from appearing before land tribunals. The Supreme Court found
the state law invalid due to its repugnancy to the Advocates Act, 1961.

Sukumar Mukherjee v. State of West Bengal, 1993: The West Bengal State Health Service
Act, 1990, barred state health service members from private practice, conflicting with the
Indian Medical Council Act, 1956, which allowed practitioners to practice anywhere in India.

Page 88 of 128
The Court upheld the state law, distinguishing it from the Srinivasa Raghavachar case by
noting that health service members voluntarily gave up private practice rights.

8.) DOCTRINE OF INCIDENTAL OR ANCILLARY POWERS: About: It has

developed as an addition to the Doctrine of Pith and Substance. This doctrine is invoked
when there is a need to aid the principal legislation in question. The Doctrine of Pith and
Substance deals only with subjects but the Doctrine of Incidental or Ancillary Powers deals
with the power to legislate on such subjects and the matters connected thereto.

Origin: The evolution of this Doctrine can be traced back to “R. v. Waterfield (1963)”, a
decision of the English Court of Appeal.

Constitutional Provision: Article 4 talks about power to make consequential changes in the
law on matters supplemental and incidental to the law providing for altering the names of
states under Article 2 and 3.

Article 169 talks about the power given to the parliament on abolition or creation of
Legislative Councils in States “as may be necessary to give effect to the provisions of the law
and may also contain such supplemental, incidental and consequential provisions as
Parliament may deem necessary.”

Important Judgement: The SC in the State of Rajasthan v. G Chawla (1958) stated: “The
power to legislate on a topic of legislation carries with it the power to legislate on an ancillary
matter which can be said to be reasonably included in the power given.”

9.) DOCTRINE OF TERRITORIAL NEXUS: It says that laws made by a State

Legislature are not applicable outside the state, except when there is a sufficient nexus
between the state and the object.

Constitutional Provisions: The doctrine derives its power from Article 245 of the Indian
Constitution. Article 245 (2) provides that no law made by the Parliament would be invalid
on the ground that it would have extra-territorial operation i.e. takes effect outside the
territory of India.

Important Judgements: In A.H. Wadia v. Income Tax Commissioner (1948), it was held
that a question of extraterritoriality of enactment can never be raised against a Supreme
Legislative Authority on the grounds of questioning its validity.

In the State of Bombay vs RMDC (1952), the SC held that there existed a sufficient
Territorial Nexus to enable the Bombay Legislature to tax the respondent as all the activities
which the competitor is ordinarily expected to undertake took place mostly within Bombay.

10.) DOCTRINE OF PLEASURE: The doctrine of pleasure has its origins in English law
as per which, a civil servant holds office during the pleasure of the Crown.

Constitutional Provisions: Under Article 155, the Governor of a State is appointed by the
President and holds the office during the pleasure of the President.

Page 89 of 128
Under Article 310, the civil servants (members of the Defence Services, Civil Services, All-
India Services or persons holding military posts or civil posts under the Centre/State) hold
office at the pleasure of the President or the Governor as the case may be.

Limitation: Article 311 places restrictions on this doctrine and provides safeguards to civil
servants against any arbitrary dismissal from their posts.

Important Judgements: The SC in State of Bihar v. Abdul Majid (1954), held that the
English Common Law has not been adopted in its entirety and with all its rigorous
implications.

In Union of India v. Tulsiram Patel (1965), the SC held that the “pleasure doctrine” was
neither a relic of the feudal age nor was it based on any special prerogative of the British
Crown but was based upon public policy.

Conclusion: These principles of constitutional interpretation play a critical role in

maintaining the balance of power between different branches of government, protecting
individual rights and ensuring the Constitution remains a living document capable of
addressing contemporary issues. By applying these doctrines, courts can interpret the
Constitution in a manner that respects its text and underlying principles while adapting to
changing societal needs.

Short note on residuary Power? 6 Marks

Definition: Residuary power refers to the authority to make laws on subjects that are not
specified in the constitution’s primary lists of powers (such as the Union List, State List, or
Concurrent List in federal systems). These powers are reserved for legislative bodies to
address issues that emerge and are not preemptively categorized.

Parliament possesses residuary powers. It means that it can make laws with respect to all
those matters which are not mentioned in any of the three lists—the Union List, the State List
and the Concurrent List. These powers belong to the Parliament.

The residuary power of legislation refers to the authority vested in the central government to
legislate on matters not explicitly listed in any of the three lists (Union List, State List, and
Concurrent List) of the Seventh Schedule of the Indian Constitution. Enshrined in Article
248, this power ensures that the central government has jurisdiction over subjects that are not
expressly allocated to either the Union or the States.

When a legislative subject falls outside the scope of the three lists, it is considered a residuary
subject. The Parliament has the exclusive power to make laws on residuary subjects. This
provision ensures that the central government can address unforeseen or evolving issues that
may not have been explicitly contemplated during the framing of the Constitution.

Context in Federal Systems: In federal systems like that of India, the constitution typically
delineates powers between central and regional governments. For instance:

 In India, the Constitution divides powers into three lists:

o Union List: Subjects on which only the central government can legislate.
o State List: Subjects on which only state governments can legislate.

Page 90 of 128
 o Concurrent List: Subjects on which both central and state governments can legislate.
o Residuary Powers: Powers not enumerated in these lists are considered residual and
are vested in the central government.

Examples and Application: Constitution of India (1950): The Indian Constitution provides
that any matter not enumerated in the State List or the Concurrent List falls under the Union
List, thereby granting residuary powers to the central government. This ensures that the
central government has authority over emerging or unforeseen areas of governance.

Importance: Residuary powers provide flexibility for governments to address new issues
and challenges that were not anticipated at the time of drafting the constitution. They often
ensure a uniform approach to national issues that may transcend regional boundaries or
require coordinated action.

According to Article 248 of the Constitution, Parliament has the exclusive authority to enact
any legislation on any subject that is not included by the Concurrent List or the State List.
This authority extends to laws that impose taxes on subjects that are not covered by either of
those lists. The Union Parliament obtained exclusive legislative authority as a result of this
Article. Parliament has the exclusive jurisdiction to enact laws on any topic not covered by
Lists II or III, according to Entry 97 of the Union List. The purpose of the residual power is
to give the parliament the ability to pass laws on any matter that has slipped the house’s
scrutiny and is still unrecognized.

The residuary authority is specifically recognized as the ultimate head of power in the Union
by Entry 97 of List I of the Seventh Schedule and Article 248 of the Indian Constitution. The
Supreme Court determined in the well-known I. C. Golaknath v. the State of Punjab (1967)
case that Article 248 read with Entry 97 of List I granted Parliament the authority to amend
the Constitution, but Article 368 only addressed the method. Although there is no
justification for using a residual power to amend the Constitution, in light of the 24th
Amendment to the Constitution and the Supreme Court’s decision in Kesavananda Bharati v.
the State of Kerala (1973), Article 368 should be interpreted to include both the power and
the procedure for doing so.

Conclusion: residuary powers play a crucial role in ensuring that governance can adapt to
new developments while maintaining a clear structure for authority distribution within a
federal system.

What is Doctrine of Pith and Substance? Note? 6 Marks

The Doctrine of Pith and Substance is a fundamental principle in constitutional law,

particularly in federal systems. It is used to determine the true nature or essence of legislation
when there is a dispute about the jurisdiction of different levels of government (such as
central versus state governments in a federal system).

Definition: The Doctrine of Pith and Substance refers to the principle that the validity of a
legislative act should be judged by its true nature or substance rather than its form or label.
Essentially, it focuses on the core intent and substance of the legislation to determine whether
it falls within the competence of the legislative body that enacted it.

some points about the Doctrine of Pith and Substance:

Page 91 of 128
  The doctrine determines whether a law is valid by examining its dominant purpose and
substance rather than incidental effects.
 It helps resolve conflicts between different levels of government or areas of legislation.
 The doctrine is used by courts to decide whether a law's encroachment on another
government's jurisdiction is incidental or significant.
 It allows a law to be upheld if its main purpose aligns with the legislative competence
of the government that enacted it.
 The Doctrine of Pith and Substance is important in maintaining the balance of power
between different levels of government. It helps in ensuring the effectiveness of
legislative measures.

Application: The doctrine is applied when a legislative enactment appears to fall under more
than one head of power or when its true nature is in dispute. Courts use this doctrine to:

1. Identify the True Nature: Determine the real essence of the legislation to ascertain
which legislative body (central or state) has the authority to enact it.
2. Uphold Validity: Assess whether the legislation is valid based on its core nature and
its alignment with the powers granted to the legislative body under the constitution.

Key Case Law - In Re: The Kerala Education Bill, 1957 (1959): This case concerned the
validity of the Kerala Education Bill, which the state of Kerala had enacted. The bill aimed to
regulate the administration of private schools in the state, but there was a dispute over
whether it fell within the state’s jurisdiction or the central government’s domain.

 Issue: Whether the Kerala Education Bill, which touched upon education (a subject on
the Concurrent List), was within the powers of the state legislature or the central
legislature.
 Decision: The Supreme Court of India applied the Doctrine of Pith and Substance to
determine that the true nature of the bill was to regulate the administration of private
schools, which was a matter within the purview of the state legislature. The Court held
that despite the bill touching upon matters that could intersect with central laws, its
primary essence was a matter of state regulation.

The first judgment upheld the doctrine in India: - The doctrine was first invoked in India in
the case of State of Bombay v. FN Balsara, and the doctrine was supported in that case.

Significance: Federal Balance: The doctrine maintains the balance of power in federal
systems by ensuring that laws are evaluated based on their true nature rather than being
invalidated due to incidental overlap with other areas of legislation.

Judicial Guidance: It provides courts with a method to evaluate and interpret legislative acts,
especially when disputes arise regarding the division of powers.

Legislative Flexibility: It allows for legislative flexibility and innovation while ensuring that
the core responsibilities of different levels of government are respected.

Doctrine’s Constitutional Validity

Page 92 of 128
  Article 246 of the Indian Constitution, which deals with the three groups stated in the
Seventh Schedule Of the Indian Constitution, is related to the Doctrine of Pith and
Substance.
 It’s utilised when the legislature’s power to enact a law falls under one of the three
categories. In that case, the court must examine the substance of the law.
 The Union, State, and Concurrent lists, as listed in the Constitution’s Seventh Schedule,
are mentioned in Article 246.

Conclusion: The Doctrine of Pith and Substance is essential for ensuring that the division of
powers between different levels of government is maintained effectively. By focusing on the
true nature of legislation, it helps in resolving jurisdictional disputes and upholding the
integrity of the constitutional framework.

Note on Doctrine of Prospective Overruling? 2, 6 & 12 Marks

When America's legal system changed away from the age-old Blackstonian idea in the early
1900s, the doctrine of prospective overruling was first recognized. The concept took time to
evolve in America, but it was quickly embraced by English jurists and courts. The Supreme
Court of India recognized and acknowledged it for the first time in the case of I.C Golaknath
vs. the State of Punjab (1967).

The Doctrine of Prospective Overruling - The doctrine of prospective overruling is a

decision made in a particular case would have operation only in the future and will not carry
any retrospective effect on any past decisions.

 According to the literal meaning of this language, "prospective" refers to something

that only operates in the future, while "overrule" refers to overturning a precedent or
ruling.
 It has been characterized as a departure from the Blackstonian perspective of law,
which holds that judges should follow the Doctrine of Stare Decisis in courts and that
a judge's power is limited to declaring law rather than making it. This viewpoint
certainly verifies the precedent's retrospective rule.
 The fundamental goal of courts in applying this Doctrine has been to achieve justice,
as the principle of retrospective operation deprived an individual of a fair trial and
outcome.
 The Doctrine establishes the parameters within which a court judgment must function.
In plain English, it states that transactions undertaken before a judicial decision would
not be considered illegitimate after the law changes.
 Non-application of the Doctrine, according to Justice Cardozo, would result in great
injustice and would negate the dynamic nature of law. This Doctrine is a vital tool for
adapting to the changing requirements of society and ensuring fair justice.
 Justice Subba Rao was a strong supporter of the concept, stating that its acceptance
lays the groundwork for future transactions to recognize new and better norms.

The doctrine of prospective overruling cases - Let's look at some cases which happened in
past related to doctrine of prospective overruling.

I.C. Golaknath vs. the State of Punjab - In this case, the Supreme Court recognized and
established the doctrine of prospective overruling for the first time in India. Facts: Both the
petitioners and their families owned land in Jalandhar, Punjab, totaling over 500 acres.

Page 93 of 128
However, once the Punjab Security of Land Tenures Act of 1953 was passed, the government
sent them a letter indicating that they could only maintain 30 acres of land each and had to
give up the rest. Surplus land would be defined as the land that was to be given up. As a
result, the enactment's constitutional legality was questioned on the basis of infringement of
the following fundamental rights:

 Article 19(1)(f) of the Constitution guarantees the right to acquire and hold property.
 Article 14 of the Constitution guarantees the right to equality and equal protection
under the law.
 Article 19(1)(g) of the Constitution guarantees the right to perform any profession.

Issues Related - Is it true that the Parliament has the authority to legislate and change the
fundamental rights given to Indian citizens by the Constitution? Let's look below.

Objections to the doctrine of prospective overruling have been raised.

 There is no evidence that the doctrine of prospective overruling has been applied to
cases involving ordinary law modifications. This doctrine can only apply to decisions
involving constitutional law amendments.
 In India, jurisprudence is based on precedent. It would be unwise to abandon this
strategy in favour of an international doctrine.
 Any law that violates basic rights is ruled void to the degree of the violation,
according to Article 13 of the Constitution. The Supreme Court declared in Deep
Chand vs. State of Uttar Pradesh (1959) that any law that breaches the Constitution's
fundamental liberties is a still-born statute. As a result, any statute that has been found
unconstitutional should be regarded void from the moment it is enacted, and the
doctrine of prospective overruling would be in violation of the Constitution's Article
13 guideline.

Observations on how the doctrine of prospective overruling is applied

 The Supreme Court initially proposed three requirements that had to be met before the
doctrine of prospective overruling could be used. The following conditions have been
listed:
o Only in circumstances involving the interpretation of the Constitution can the
doctrine of prospective overruling be used.
o Only the Supreme Court has the authority to apply the doctrine of prospective
overruling.
o In accordance with the fairness of the cause or subject before it, the Court may
amend the aspects of the prospective implementation of its judgment.
 By using the aforementioned criteria, the Court came to the conclusion that
implementing the principle of retrospective overruling would result in anarchy and
have an impact on various transactions that took place under the previous regime. As
a result, the doctrine of prospective overruling will apply in this case.
 The existing constitutional amendments would not be altered by the Court's judgment.
Only future changes would be required to reflect the Court's ratio in this case.

Prospective Overruling, As Defined by the Courts - The Court also defined prospective
overruling in the case of Sarwan Kumar v. Madan Lal Aggarwal.

Page 94 of 128
"Under the doctrine of "prospective overruling," the law declared by the Court applies only to
future cases, and its applicability to cases that have reached finality is preserved because
repeal would otherwise cause hardship to those who had relied on it."

Furthermore, the apex court has established that the prospective declaration of law is a
technique devised by the court to avoid reopening of previously resolved problems and to
avoid duplication of processes. It's also a strategy for avoiding unnecessary litigation and
uncertainty. All activities committed in violation of the prospective declaration of law prior to
the date of declaration are judged legal by the very object of the declaration of law. This is
done for the greater good of the public. As a result, the subordinate forums that are legally
obligated to apply this Court's declaration of law are also obligated to apply such matters that
will only emerge in the future.

The Doctrine's Applications - It's worth noting that in Golak Nath's case, the Supreme Court
decided that this doctrine can only be applied in situations arising under the Constitution, and
that it can only be used by the Supreme Court in its discretion to shape the justice of the
cause or matter before it.

However, it has recently been decided that the doctrine of prospective overruling can now be
applied to the interpretation of regular statutes as well. The tactic of prospective overruling
was used in the cases of Waman Rao v. Union of India, Atam Prakash v. State of Haryana,
Orissa Cement Ltd. v. State of Orissa, Union of India v. Mohd. Ramzan Khan.

Final Words: Incorporating this Doctrine into India's common law system has proven to be a
successful accomplishment in its entirety. Though the application of this doctrine has given
the Indian judiciary more leeway in exercising its discretion, prudence is required when using
it. Extending the application of this doctrine to the High Courts is sometimes necessary to
ensure that the goal of protecting rights and justice is not jeopardized. An in-depth grasp of
all parts of this Doctrine has a positive socio-economic impact because it aids in sweeping
away the turmoil and uncertainty that can be caused by the retrospective norm at times. J.
Subba Rao's initiative in proposing this Doctrine has proven to be fascinating since it clarifies
the rule of overruling and has had significant implications for the Indian legal system.

Explain Doctrine of Eclipse? 6 Marks

The Doctrine of Eclipse is a legal principle in India that deals with the relationship between
fundamental rights and existing laws that may be inconsistent with them. The Doctrine of
Eclipse is addressed in Article 13(1) of the Indian Constitution.

According to the doctrine of the eclipse, if a law conflicts with the fundamental rights
guaranteed by the Indian Constitution, it does not automatically become null and void.
Instead, it is considered in a state of eclipse or overshadowed by fundamental rights.

In simple words The Doctrine of Eclipse states that any law which is inconsistent with
fundamental rights is not invalid. It is not totally dead but overshadowed by the fundamental
right. The inconsistency (conflict) can be removed by constitutional amendment.

 This doctrine emanates directly from Article 13(1) of the Constitution that is a part of
the fundamental rights, which states, “all laws in force in the territory of India
immediately before the commencement of this Constitution in so far as they are

Page 95 of 128
 inconsistent with the provisions of this Part, i.e. Part III, shall, to the extent of such
inconsistency, be void.”
 It states that a pre-constitutional law inconsistent with the fundamental rights is not a
nullity or void ab initio but only remains unenforceable, i.e., remains in a dormant state.
 They exist for all past transactions, i.e., for rights and liabilities that were acquired
before the Constitution came into being.
 These laws also remain applicable to individuals who have not been given fundamental
rights, for example, non-citizens.
 Therefore, the impugned law remains hidden behind the fundamental rights and can
become operative again if and when the fundamental right it is inconsistent with is
amended.

Elements of Doctrine of Eclipse:

 Pre-constitutional law: The doctrine applies to laws enacted before the Constitution’s
commencement.
 Conflict with fundamental rights: The law in question must directly conflict with the
fundamental rights guaranteed by the Constitution.
 Inoperativeness rather than nullity: The law does not become wholly invalid or null
and void. Instead, it becomes inoperative or unenforceable against citizens whose
fundamental rights are violated by the law.
 Potential for future operativeness: If there is an amendment to the relevant
fundamental right in the future, it automatically makes the previously impugned law
operative again. This means that the law can be enforced and applied once the conflict
with fundamental rights is resolved through a constitutional amendment.

Purpose - Ensures that laws do not become completely void due to changes in the
Constitution, preserving legal continuity. Allows for the adaptation of existing laws to new
constitutional norms without needing to completely repeal and re-enact them. Reduces the
need for legislative action to amend or repeal laws that may eventually become consistent
with the Constitution.

Case Law: Bhikaji Narain Dhakras v. State of Madhya Pradesh (1955) - This case
involved a challenge to a law in Madhya Pradesh that restricted the movement of cattle. The
law was enacted before the Constitution.

 However, it was argued that the law infringed upon the Fundamental Right to freedom of
movement. The Right is guaranteed under Article 19(1)(g) of the Indian Constitution.
 Therefore, the Supreme Court of India applied the Doctrine of Eclipse.
 While the pre-existing law was not declared invalid, the court ruled that the law could not
be applied as long as Article 19(1)(g) remained in force.
 Thus, this meant the law could not be used to restrict the movement of cattle unless it was
amended to fit with the Fundamental Right.

Behram Khurshid Pesikaka v. State of Bombay (1955). - This case dealt with a Bombay
law that prohibited the possession of cow slaughter within the state. Moreover, the law
predated the Constitution.

 However, the petitioners argued that the law violated the Fundamental Right to practice
one’s religion (including dietary practices) under Article 25.

Page 96 of 128
  Here, the court again applied the Doctrine of Eclipse.
 The Bombay law was not declared void. However, it could not be used to restrict the
slaughter of cows for religious purposes as long as Article 25 protected that right.

Keshavananda Bharati v. State of Kerala (1973) - This landmark case examined the power
of Parliament to amend the Constitution and the limits on such amendments, specifically
regarding the basic structure doctrine.

Issue: Whether amendments that altered fundamental rights could invalidate previous
amendments or laws.

Decision: The Supreme Court applied the Doctrine of Eclipse to emphasize that laws and
amendments inconsistent with the basic structure doctrine were not void but eclipsed. They
would only be invalidated if they directly conflicted with the basic structure of the
Constitution.

Significance

1. Preservation of Laws: The doctrine helps preserve the existence of laws that may
temporarily become inconsistent with constitutional provisions, ensuring that they can be
revived if the inconsistency is resolved.
2. Legal Stability: By not declaring such laws void, the doctrine maintains stability and
continuity in the legal system.
3. Judicial Economy: Avoids the need for constant legislative amendments or repeals by
allowing laws to be automatically revived once constitutional consistency is achieved.

Conclusion: The Doctrine of Eclipse is an important legal principle that facilitates the
adaptation of existing laws to evolving constitutional norms without completely invalidating
them. It ensures legal continuity and stability by providing a mechanism for laws to be
revived once inconsistencies with the Constitution are addressed. This doctrine supports a
flexible and efficient legal system while safeguarding the integrity of constitutional
provisions.

Doctrine of Occupied Field? Repugnancy? Note? 2 & 6Marks

The doctrine of occupied field pertains to the legislative powers of the Parliament and State
Legislatures in India. It asserts that when Parliament enacts a law on a specific subject, it
occupies that field, thereby restricting the State Legislature from enacting conflicting laws
unless expressly permitted.

The Doctrine of Occupied Field is a principle used in federal systems to determine which
level of government (central or state) has the authority to legislate on a particular subject
matter. It comes into play when there is a conflict or overlap between central and state
legislation.

Concept

 Exclusive Authority: If a field (subject matter) is fully occupied by central

legislation, then state legislatures are excluded from enacting laws on that subject.

Page 97 of 128
  Scope of Legislation: When the central government has enacted comprehensive
legislation on a particular subject, this legislation is considered to occupy the entire
field, leaving no room for state legislation on the same subject.

Application

1. Central Legislation: The central government can legislate on a subject within its
exclusive domain, as defined by the constitution.
2. State Legislation: States cannot legislate on a subject if it is already comprehensively
covered by central legislation, as the field is considered "occupied."

Key Case Law - State of West Bengal v. Kesoram Industries Ltd. (2004): Facts: This
case involved a dispute over the imposition of taxes and whether state legislation was valid
given the presence of central laws covering similar areas. Decision: The Supreme Court
affirmed the Doctrine of Occupied Field, ruling that if a field is fully covered by central
legislation, state laws on the same subject are invalid. The Court held that central legislation
on taxation and other matters occupied the field, thus excluding state laws from conflicting
with central authority.

The Doctrine of Repugnancy, as outlined in Article 254, clarifies that if any part of a state
law conflicts with any part of a central law, which the Parliament has the power to enact, or
if it conflicts with any part of a law from List III, the central law shall take precedence.

Definition: The Doctrine of Repugnancy addresses situations where there is a conflict

between central and state legislation on subjects listed in the Concurrent List. It determines
which legislation prevails when there is a conflict.

 Repugnancy is an inconsistency or contradiction between two or more parts of a

Statute.
 The Doctrine of Repugnancy deals with conflict between two pieces of legislation
which when applied to the same facts produce different results.

Concept

 When both central and state legislations exist on a subject in the Concurrent List, the
central law prevails in cases of repugnancy.
 If a central law is inconsistent with a state law on a subject in the Concurrent List, the
central law will override the state law.

Application

1. Concurrent List: Both central and state legislatures can make laws on subjects in the
Concurrent List.
2. Inconsistency: If there is a direct conflict between a central law and a state law, the
central law prevails, and the state law becomes void to the extent of the conflict.

The conditions which must be satisfied before any repugnancy could arise are as follows:

o Clear and direct inconsistency between the Central Act and the State Act.
o Inconsistency is absolutely irreconcilable.
Page 98 of 128
 o The inconsistency between the provisions of the two Acts is of such nature as to bring
the two Acts into direct collision with each other and a situation is reached where it
is impossible to obey the one without disobeying the other.

Key Case Law - Ashoka Kumar Thakur v. Union of India (2008): Facts: The case
involved a challenge to the validity of certain laws and reservations in educational
institutions, with issues related to the Concurrent List and the conflict between central and
state laws. Decision: The Supreme Court applied the Doctrine of Repugnancy to resolve
conflicts between central and state laws. The Court upheld the central law where there was
inconsistency, affirming the central law’s supremacy in cases of repugnancy. Also in State of
Punjab v. Dalbir Singh (1979): Facts: This case involved a conflict between central and
state laws regarding the regulation of agricultural produce. Decision: The Supreme Court
applied the Doctrine of Repugnancy, ruling that the central law prevailed over the state law
where there was a direct conflict.

M. Karunanidhi v. Union of India – This judgment is widely regarded as the most

authoritative judgment given by the courts on the use of the doctrine. The judgment said that
if there is a direct conflict between legislatures made on a matter listed in the concurrent list
then the central law will prevail over the State law. Where however a law has been passed by
the State legislature related to a matter Stated in The Concurrent list then the State legislature
shall prevail over Centre’s legislature in only that State if the State government takes proper
assent from the President of India under Article 254(2). Where a law passed by the State
Legislature while being considerably inside the extent of the sections in the State List endless
supply of the Entries in the Central List, the defend-ability of the law might be maintained by
conjuring the principle of pith and substance if on an investigation of the arrangements of the
Act it gives the idea that all around, the law falls inside the four corners of the State List and
entrenchment, if any, is purely incidental or inconsequential.

Significance

1. Clarity in Federal Systems: Both doctrines help clarify the distribution of legislative
powers in federal systems, ensuring that conflicts between central and state laws are
resolved according to established principles.
2. Maintaining Supremacy: The Doctrine of Occupied Field ensures that central
legislation takes precedence in areas where it has comprehensively covered a subject,
while the Doctrine of Repugnancy maintains the supremacy of central laws in cases of
conflict.
3. Legal Stability: By providing clear rules for resolving conflicts and overlaps, these
doctrines contribute to legal stability and predictability in federal systems.

Conclusion: The Doctrine of Occupied Field and the Doctrine of Repugnancy are crucial for
maintaining the balance of powers in federal systems. They ensure that legislative conflicts
between central and state governments are managed effectively, preserving the integrity of
central authority while allowing for state legislation within its designated scope. These
doctrines contribute to a coherent and functional federal legal system.

Note on Doctrine of Severability? 6 Marks

The doctrine of severability means that when some particular provision of a statute offends
or is against a constitutional limitation, but that provision is severable from the rest of the

Page 99 of 128
statute, only that offending provision will be declared void by the Court and not the entire
statute.

The doctrine of severability deals with situations when some parts of a law or statute are
found to be unconstitutional due to a conflict with fundamental rights. In such cases, only the
conflicting or repugnant part of the law will be considered void by the courts, not the entire
statute. It is also called the doctrine of separability, In simpler terms, if a specific part of a
law violates the Constitution but can be separated from the rest of the law without affecting
its functionality, only that problematic part will be removed, not the entire law.

In the doctrine of severability, the entire Act is not declared invalid for being inconsistent
with Part 3 of the Indian Constitution, which grants fundamental rights to the citizens. Only
those parts of the Act that violate fundamental rights are considered inconsistent. The court
separates the violative parts from the non-violative ones. If it is possible to separate the valid
portion from the invalid portion, then only the violative part is declared void while the rest
remains in effect. However, the court will declare the entire Act as void if the valid and
invalid portions are so intertwined that they cannot be separated. This legal process is known
as the doctrine of severability. It ensures that only the unconstitutional parts of the Act are
struck down while preserving the valid and constitutional aspects.

In India, the doctrine of severability is based on Article 13 of the Indian Constitution. This
article says that any law that goes against fundamental rights is void to the extent of that
disparity. Courts use the doctrine of severability to decide:

 If other provisions are still valid.

 If a law or contract violates fundamental rights or is unconstitutional.

Major Characteristics of Doctrine of Severability

 The Doctrine of Severability comes into play when only certain sections of statutes
infringe upon fundamental rights.
 Article 13 of the Constitution upholds the validity of this doctrine. If a part of a statute
contradicts fundamental rights, it becomes invalid only to the extent of the
contradiction.
 For the court to declare a specific part unconstitutional, it must be separable from the
rest of the laws.
 The underlying idea is that a non-infringing clause remains legally valid and
enforceable if it can survive independently of the main clause.

Purpose - To ensure that only the invalid parts of a statute are struck down while preserving
the parts that are constitutional and capable of functioning independently. To uphold the
legislative intent behind a statute as much as possible by preserving those provisions that
align with constitutional requirements. To prevent the entire statute from becoming void
when only specific provisions are found unconstitutional.

Features:

 Application: Any laws that are in conflict with fundamental rights are covered under
Article 13(1). It forbids legislatures from passing legislation that infringes upon

Page 100 of 128

 citizens’ fundamental rights. The Supreme Court and High Courts have the authority
to review laws that they feel violate fundamental rights.
 Nature of the Contentious Provision: It must be demonstrated that the contested
provision is incompatible with the Fundamental Rights in order for it to be deemed
invalid. The idea of severability would not be applicable if this were not
demonstrated.
 Severability: Only that particular provision will be deemed void if the contested
provision conflicts with the Fundamental Rights. The remainder of the act will
continue to be valid and enforceable. Let us assume, however, that the contentious
clause cannot be isolated from the remainder of the Act without rendering the entire
legislation unworkable or markedly less efficient. In that scenario, the court might
invalidate the entire Act.
 Burden of Proof: The burden of showing that a statute infringes fundamental rights
rests with the person who brings the case before the court. They have to prove that
their fundamental rights have been infringed upon, following the logic of Chiranjit
Lal Chowdhury v UOI & Ors. They can also demonstrate how the enactment of a
statute or law could put them in immediate danger.

The Doctrine of Severability finds its roots in England in the case of Nordenfelt v. Maxim
Nordenfelt Guns and Ammunition Company Ltd. where the issue was related to a Trade
clause.

A.K. Gopalan v. State of Madras (1950): The Supreme Court held Section 14 of the
Prevention Detention Act, 1950 void while stating that the whole statute cannot be struck
down. It was also stated in case of inconsistency to the Constitution, only the disputed
provision of the Act will be void and not the whole of it, and every attempt should be made
to save as much as possible of the act.

State of Bombay v. F.N. Balsara (1951): The eight sections of the Bombay Prohibition Act
were declared invalid, and the Supreme Court said that the portion which was invalid to the
extent of fundamental rights was separable from the rest of the act.

The Supreme Court of India considered the doctrine of severability in the case of R.M.D.C
vs Union of India, and the following rules regarding severability were established:

 The court intends to determine whether the invalid portion of a statute can be
separated from the valid part.
 If the valid and invalid parts cannot be separated from each other, the invalidity of a
portion of the statute will lead to the invalidity of the entire Act.
 Even if the invalid portion is separate from the valid portion, the court has the power
and duty to declare the law inconsistent with the Constitution of India
unconstitutional.
 The power of judicial review, allowing the courts to determine the constitutionality of
a law, is based on the principle that the Constitution represents the will of the people.
At the same time, statutes are creations of elected representatives. When a statute
contradicts the Constitution, the will of the people prevails.
 The Constitution grants the judiciary the authority to annul acts of the executive and
judiciary that violate the Constitution. This power is not vested in the legislature,
which is accountable to the people.

Page 101 of 128

  In assessing the constitutionality of a provision, the court examines whether the law
complies with the Constitution and may consider whether it contravenes various
articles enshrined in the Constitution.

Significance - Allows courts to address only the unconstitutional aspects of a statute, rather
than invalidating the entire legislative scheme. Reflects the principle that legislatures intend
their statutes to be partially effective even if parts are struck down, preserving the legislative
purpose. Helps maintain stability in the legal system by avoiding the complete nullification of
statutes due to partial unconstitutionality.

Conclusion: The Doctrine of Severability is a crucial principle in constitutional and

administrative law, enabling courts to address unconstitutional aspects of legislation while
preserving its valid provisions. This doctrine ensures that only the problematic parts of a
statute are removed, allowing the remainder to function effectively and continue to serve the
legislative intent. By upholding this principle, courts help maintain legal stability and
continuity in the face of constitutional challenges.

What do u understand by delegated legislation? What is the necessity? Can there

be sub delegation? 2, 6 & 12 Marks

Introduction: The common meaning of “legislation” is the making of a law. The legislature
makes laws. It is difficult for the Parliament to carry out and maintain the same as per the
law. Hence, the powers are delegated to the executive as per the Constitution. This delegation
of powers to other organs is called delegated legislation.

Delegated legislation, also known as subordinate or secondary legislation, refers to laws

made by individuals or bodies authorized by the legislature to create detailed regulations
under a specific Act of Parliament. Delegated legislation derives its authority from an
enabling Act passed by the legislature. The Act grants the responsible authority the power to
create regulations within the scope defined by the primary legislation. These individuals or
bodies could include government ministers, local authorities, or corporations.

Delegated legislation refers to all law-making that takes place outside the legislature and is
generally expressed as rules, regulations, bye-laws, orders, schemes, directions or
notifications, etc. Delegated legislation refers to the process of granting authority to other
bodies or authorities to create rules and regulations on behalf of the legislature. In India, the
Constitution allows Parliament and state legislatures to delegate their lawmaking powers to
executive bodies, like the central and state governments, as well as administrative agencies.

Examples: Rules, regulations, by-laws etc., are some of the examples of delegated legislation.

In simple, When the functions of legislation, is entrusted to organs other than the
legislature, then the legislation made by such organ is called 'delegated legislation'.

The key characteristic of delegated legislation is that it involves passing the law-making
powers from the higher authorities (usually the legislative) to the lower authorities. The
purpose behind this is to save legislative time, respond quickly to new developments, and
allow for flexibility and expertise. In case of DL the act of legislature that confers such

Page 102 of 128

powers is known as parent act or primary law and the rules regulation orders etc. made by
executive pursuant to such delegation is known subordinate legislation or DL or Subordinate
laws or child legislation.

Characteristics of Delegated Legislation:

 These are the laws made by persons or bodies to whom parliament has delegated law-
making authority.
 They are made as per the Principal Parliamentary Act which has a provision for
Subsidiary Legislation to be made and specified who has the power to do so under that
Act
 It is required in enabling or parent Act
 It contains many administrative details necessary to ensure that the provisions of the
Act will operate successfully.
 It may be administered by Government Departments, Local Councils or Courts

Need for Delegated Legislation: The process of delegated legislation enables the
Government to make a law without having to wait for a new Act of Parliament to be passed.
Further, delegated legislation empowers the authority to modify or alter sanctions under a
given statute or make technical changes relating to law. Delegated legislation plays a very
important role in the process of making of law as there is more delegated legislation each
year than there are Acts of Parliament. In addition, delegated legislation has the same legal
standing as the Act of Parliament from which it was created. Many times the local authority
knows the ground situation correctly and objectively. Thus the local authority can make law
in accordance with what their locality needs. Thus delegated legislation allows law to be
made by those who have the relevant expert knowledge. Delegated legislation is very
important in dealing with an emergency situation as it arises without having to wait for an
Act to be passed through Parliament to resolve the particular situation. It enables the
Government to meet the changing needs of society at the earliest.

Factors responsible for the rapid growth of Delegated Legislation:

 Pressure on Parliament – The number of activities in states is expanding which

requires law and it is not possible for the Parliament to devote sufficient time to every
matter. Therefore, for this, the Parliament has made certain policies which allows the
executives to make laws accordingly.
 Technicality – Sometimes there are certain subject matters which requires technicality
for which there is a requirement of the experts who are professional in such fields and
members of Parliament are not experts for such matters. Therefore, here such powers
are given to experts to deal with such technical problems like gas, atomic, energy,
drugs, etc.
 Flexibility – It is not possible for the Parliament to look after each contingency while
passing an enactment and for this certain provisions are required to be added. But the
process of amendment is very slow as well as the cumbersome process. Thus, the
process of delegated legislation helps the executive authority to make laws according to
the situation. In the case of bank rate, policy regulation, etc., they help a lot in forming
the law.
 Emergency – At the time of emergency, it is not possible for the legislative to provide
an urgent solution to meet the situation. In such case delegated legislation is the only

Page 103 of 128

 remedy available. Therefore, in the times of war or other national emergencies, the
executives are vested with more powers to deal with the situation.
 The complexity of modern administration – With the increasing complexity in
modern administration and the functions of the state being expanded and rendered to
economic and social spheres too, there is a need to shift to new reforms and providing
more powers to different authorities on some specific and suitable occasions.

Some of the main advantages of Delegated Legislation are:

 Saves cost and time when dealing with emergencies.

 More flexible as compared to non-delegated legislation.
 Helps in finding the bottlenecks.
 Sets up a new base for the amendment of statutes, which is the demand of time.
 Helps in relieving the burden on Parliament.
 The affected person’s interest is maintained.
 Experimentation
 Control over administrative authority.
 Technical issues by having experts on panel

Disadvantages of Delegated Legislation

 More claims for review of legislation.

 The influence of superior courts may cause interference.
 Authorities may follow the dictatorial principle.
 Increase in corruption and misuse of powers.
 Lack of legal knowledge among common people may trigger unavoidable situations.
 Slowly, the executive will start encroaching upon the legislature if delegation is
obscure.
 It is against the doctrine of separation of powers.
 The executive becomes more powerful.
 No prior publicity.
 Possibility of confusion and poor Drafting.

The Delegated legislation can be classified under various classes depending on the
purpose to be achieved:

1. Title-based classification: An Act may empower an authority to make regulations, rules,

or bye-laws, to make orders, or to give directions.

2. Discretion-based classification (Conditional Legislation): Another classification of

administrative rule-making may be based on discretion vested in rule-making authority. On
the basis of 'discretion' administrative rule-making may be classified into subordinate and
contingent or conditional legislation.

3. Purpose-based classification: Another classification of administrative rule-making would

involve the consideration of delegated legislation in accordance with the different purposes
Page 104 of 128
which it is made to serve. On this basis, the classification may be an Enabling Act, Alteration
Act, Taxing Act, Supplementary Act, Classifying and Fixing Standard Act, Penalty for
Violation Act, etc.

4. Authority-based classification (Sub-Delegation): Another classification of administrative

rule-making is based on the position of the authority making the rules. Sometimes the rule-
making authority delegates to itself or to some other subordinate authority a further
power to issue rules; such exercise of rule-making power is known as sub-delegated
legislation. Rule-making authority cannot delegate its power unless the power of
delegation is contained in the enabling Act.

Control Over Delegated Legislation: Delegated authorities cannot be allowed unbridled

powers. Adequate mechanism to check possible misuse is required, hence subordinate
legislation is put under varied controls:

Judicial Control - Judicial review upgraded the rule of law. The court has to see that the
power delegated is within the ambit of the constitution as prescribed. Judicial review is more
effective because court do not recommend but it clearly strikes down the rule which is ultra
vires in nature. As per Section 13(3)(a) “Law” is defined under the Constitution of India
which clearly indicate that State should not make any law which abridge the right given in
Part iii of the Constitution. It is dependent on two basic grounds:

1. It is ultra vires to the Constitution of India, and

2. It is ultra vires to the enabling Act.

It may be also challenged on the ground that it is contrary to, other statutory provisions or
that it is so arbitrary that it cannot be said to be in conformity with the statute or Article 14 of
constitution or that it has been made in bad faith.

Example: Where rule prohibiting coal business without license was struck down in Dwarak
Prasad v. Bareilly as violating freedom under Article 19(1)(g).

Legislative Control: Parliamentary scrutiny of delegated law making is maintained through

devices like laying rules before Houses or conditioning commencement of rules upon
legislative approval. Further, Parliament committees also examine delegated legislation.
Example: The Committee on Subordinate Legislation oversees whether rules contradict
parent act or trespass into essential legislative domain.

Procedural Control: To ensure rule-making powers are carefully exercised various

procedural safeguards have been evolved like requirements of prior publication and
consultation with affected interests. Breach of mandatory procedures can invalidate rules.

Case Laws Related to Delegated Legislation

L. M. Sundaram vs Director of legal studies (AIR 1981 Mad 198) - The court upheld the
validity of a rule made by Bar council of India providing that a person enrolling for 3-year
course should have attended at least 60% of classes conducted in each subject.

Page 105 of 128

Kiran Gupta vs State of U.P (AIR 2000 SC 3299) - In this case UP secondary services
commission was authorized by an act to lay down the guidelines for the recruitment of
teachers. when this provisions were challenged on the ground of excessive delegation of an
essential legislative function the SC reject this argument and held the provisions to be valid.
the SC observed that the commission was body of experts and could be entrusted with the
duty of selecting teachers.

Chandran v. R, it was held in this case that if the power of by-laws entrusted in the hands of
the Legislature, then it must be within the limits of the Legislature and if it exceeds the limit
then this by-law can be struck down.

In J.K. Industries Limited v. Union of India, (2007) 13 SCC 673 case, the Supreme Court
explained the limits on delegated legislation by stating that though the Legislature has wide
powers of delegation, it cannot delegate uncontrolled power and the same is confined by
legislative policies and guidelines.

Sub-Delegated Legislation: This kind of delegation happens when an administrative

authority on whom legislative powers are conferred upon by Parliament further delegates
these powers to another subordinate authority or agency. This is permitted only if the
Parent Act contains provisions that enable such a kind of delegation.

Short Note on Mimansa principles of interpretation? 12 Marks

Mimamsa is a Sanskrit term meaning “to analyse and realise deeply.” It is one of the six
astika (orthodox) Indian philosophical school traditions, focusing on the essence of dharma.
The deserving one who earns by doing dharma will go to paradise after death. Sage Jaimini
was the one who proposed it. It emphasises the importance of yajnas and mantras in
sustaining the universe’s operations.

Meaning of Mimamsa and its Philosophy: Mimamsa is a Sanskrit word that means
‘revered thought.’ It was first used to describe the interpretation of Vedic ceremonies that
were held in the greatest regard. Affiliated systems include Mimamsa and Vedanta. Both are
based on attempts to decipher the Vedas.

The Mimansa philosophy is one of the Indian philosophical systems. Jaimini established the
school about 400 B.C. He wrote the ‘Mimansa sutra’. Shabar, Kumarila Bhatta, Prabhakar,
and others expounded the Sutras of Jaimini. Our great jurists, such as Vijnaneshwara (author
of Mitakshara), Jimutvahana (author of Dayabhaga), Nanda Pandit, and others, would
frequently refer to these Mimansa Principles whenever they discovered a contradiction
between the numerous Smritis or any ambiguity, incongruity, or casus omissus within.

Mimamsa, also known as Purva-Mimamsa and Karma-Mimamsa, deals with the early
portions of the Vedas (also called Dharma-Mimamsa.) The Mimamsa Philosophy believes in
the presence of an everlasting planet and its infinite number of individual souls. They also
acknowledge the existence (presence) in the earth of other everlasting and infinite substances.
They believed that the world is made up of three different sorts of components. Body,
sensory organs, and everlasting objects are the three categories.

Page 106 of 128

Aim of Mimamsa Philosophy: Mimamsa’s goal is to establish principles for interpreting the
Vedas, Hinduism’s earliest writings, as well as a logical basis for Vedic ceremonial practice.
The Mimansa principles were originally developed for religious purposes, but because they
were quite reasonable and logical, they later found application in other fields like as law,
grammar, logic, and philosophy. Among the six Indian philosophical systems (darshans), the
Mimansa system is essential to Vedanta and had a major effect on the creation of Hindu law.

Axioms of interpretation: For the interpretation of shastras, six axioms of interpretation have
been developed. These are:

1. The Sarthakyata axiom, according to which each word and sentence needs to have a
meaning.

2. The Gauravah doshah, or Laghava axiom, which asserts that the construction that shortens
and simplifies the meaning is preferred.

3. The Arthaikatva axiom, which asserts that a word or sentence occurring in the same place
should not have two meanings. A Vakyabheda is a flaw (dosh) that has this double meaning.

4. The Gunapradhan Axiom, which says that a word or sentence that seems to express a
subordinate notion should either be changed to reflect the major idea or ignored altogether if
it conflicts with it.

The saying, "bigger fish eats smaller fish" (matsyanyaya27) can be used as an analogy to
demonstrate this idea. To shed insight into this, consider the fact that Yajurveda verses are
usually said quietly and Samaveda verses are typically recited loudly. The Gunapradhan
axiom was employed to determine that recitals must be made in a softer voice because they
are required to be recited as part of the Yajurveda rituals. This helped to settle conflicts in
some Yajurveda ceremonies, such as Agnyadhana (Primary), which involves the recitation of
the lines of Samaveda (Accessory). This is so that the Accessory can fulfil its responsibility
of ensuring that the Primary's goal is achieved, as it was created with the Primary in view.

5. The Samanjasya Axiom, which says that every effort should be made to reconcile writings
that seem to be at odds with one another. This idea has been used by Jimutvahana to resolve
discrepancies between Manu and Yajnavalkya's texts about the succession rights. The
Nashtasvadagdha Ratha maxim, which was utilised to resolve the discrepancies between the
Manu and Yajnavalkya Smriti texts about self-acquired property and ancestral property,
serves as one example of the Samanjasya axiom. It is based on a story in which two men set
out on a voyage in separate horse-drawn chariots, and when a fire burst out, one man lost his
horse while the other's chariot was destroyed by fire. So, utilising the last horse and chariot,
they both completed their voyage together for mutual benefit.i As a result, it is well-
established that contradictory provisions should, whenever feasible, be interpreted to
complement one another since the court has an obligation to prevent "head-on clashes among
the provisions of the statute."

6. The Vikalpa axiom, which says that the rule more in accordance with fairness and usage
should be accepted at one's discretion if there is a genuine and irreconcilable disagreement
between two legal norms of equal force. Consequently, when a regulation is a higher legal
standard as according to the Badha principles, one takes precedence over the other when
comparing, for example, a Shruti and Smriti.

Page 107 of 128

The Mimamsa school of thought claims that the Vedas have total authority. According to this
school of thinking, a human being may only be saved if he or she acts in following the Vedic
ideals. The following are some characteristics of Mimamsa schools:

 The interpretation of Vedic works such as the Samhita and Brahmana is the emphasis of
this school
 They argue that the Vedas contain the ultimate truth and are the wellspring of all
knowledge
 They say that doing rituals might help anyone attain paradise, but knowing the reasons
and explanations underlying Vedic ceremonies are equally necessary
 This rationale had to be grasped if one was to perform the rites properly and thereby
earn atonement
 A person’s strengths and weaknesses were decided by their actions and as long as their
good actions continued, they would experience the pleasure of heaven
 However, they will be invincible to the eternal cycle of life as well as able to break
away from the never-ending cycle after they have atoned for their sins
 A Karma-Mimamsa system is Purva Mimamsa which studies Vedic teachings through
Karma-Kanda ceremonies
 Mimamsa school highlights the need of doing a Yagya to be able to receive spiritual
and material advantages
 As a consequence, the Samhita (and Brahmana) sections of the Vedas serve as the
philosophical foundation
 This worldview placed a strong emphasis on the Vedic ritual aspect that is performing
Vedic procedures to achieve salvation
 The Brahmanas used this approach to maintain their authority over the populace, and
they were able to maintain control of the social system

Use of mimansa in current legal system: The meaning of the legal provisions has been
investigated through the use of the Mimamsa Rules of Interpretation.

After citing a "Shloka," the Supreme Court took one of these principles into practise. In the
case of UP Bhoodan Yagna Samiti, UP V. Braj Kishore, the Supreme Court of India made
the following observation:

"In this country, we have a heritage of rich literature, it is interesting to note that literature of
interpretation also is very well known." Many Shlokas that have been recognised for
hundreds of years have articulated the fundamentals of interpretation.

In Beni Prasad v. Hardai Bibi, Sir John Edge, the Chief Justice of the Allahabad High Court
at the time, made reference to the Mimamsa concept. Similar to this, the Gunapradhan Axiom
of the Mimamsa principle had been applied in Amit Plastic Industry, Ghaziabad v. Divisional
Level Committee, Meerut to interpret section 419 of the UP Sales Tax Act.

In the cases of M/s Ispat Industries Ltd vs. Commissioner of Customs and M/s Craft Interiors
Pvt. Ltd vs. Commissioner of Central Excise, the Supreme Court recognised the significance
of the Mimansa Rules of Interpretation.

Conclusion: In summary, the Mimansa Principles provide a customary framework for

interpreting legal texts, especially when it comes to Hindu law. The Mimansa Principles were
initially developed for the purpose of understanding religious texts, but they are now seen as

Page 108 of 128

sufficiently reasonable and scientific to be used to the interpretation of contemporary laws
and rulings. With a flexibility and reason lack from Western principles of interpretation, the
Mimansa Principles offer a distinctive method for statutory interpretation. They are
characterised as scientific and rational, with the goal of improving the democracy, equity, and
reason of the law. The Indian legal system has recognised and applied the Mimansa
Principles, proving their applicability in contemporary statute interpretation. When used by
judges, they can be an effective tool for reshaping the law to make it more democratic, fair,
and logical. The Mimansa Principles have a historical basis in religious practises, but they
have progressively found application in other domains like as philosophy and law,
demonstrating their flexibility and relevance in modern legal interpretation. In general, the
Mimansa Principles give an alternative perspective to Western legal principles by providing
distinctive and historically grounded method of interpreting legal texts within the framework
of Hindu law

Short Note on commencement and termination of time? 2 & 6 Marks

"COMMENCEMENT" used with reference to an Act or Regulation, shall mean the day on
which the Act or Regulation comes into force;

Coming into force or entry into force (also called commencement) refers to the process by
which legislation; regulations, treaties and other legal instruments come to have legal force
and effect. A Law cannot be said to be in force unless it is brought into operation by
legislative enactment, or by the exercise of authority by a delegate empowered to bring it into
operation.

The General Clauses Act, 1897 (in India) establishes guidelines for interpreting statutes,
including how to handle the commencement and termination of time periods. Here’s a
detailed look at these provisions:

1. Commencement of Time: Section 9 of the General Clauses Act addresses the

commencement of time periods. According to this section, when calculating any time period,
it is typically assumed to start from the day after the event or action that triggers the period.
For example, if a law stipulates a period of 30 days for a particular action to be completed
from a specific date, the count begins the day after the specified date.

Example: If a statute requires a document to be submitted within 30 days of a notice issued

on August 1, the period would commence on August 2.

2. Termination of Time: Section 12 of the General Clauses Act deals with the termination
of time periods and how to handle the last day of such periods. It provides that:

(i) The last day of a time period is included in the count.

(ii) If the last day of the period falls on a non-working day, such as a Sunday or a public
holiday, the period is extended to the next working day.

This provision ensures that deadlines are realistic and fair, especially when they fall on days
when official functions are not carried out.

Page 109 of 128

Example: If a period of 30 days ends on a Saturday (a non-working day), the deadline would
be extended to the next working day, which in this case would be Monday.

Conclusion: In essence, the General Clauses Act provides a standardized approach to the
commencement and termination of time periods in legal contexts. It ensures that:

 The counting of time starts from the day after the triggering event.
 The last day of the period is included and adjusted if it falls on a non-working day.

These rules aim to enhance fairness and consistency in the interpretation and application of
legal time frames.

"BARRISTER" shall mean a barrister of England or Ireland, or a member of the Faculty of

Advocates in Scotland;

"CHAPTER" shall mean a Chapter of the Act or Regulation in which the word occurs:

"COLLECTOR" shall mean, in a Presidency-town, the Collector of Calcutta, Madras or

Bombay, as the case may be, and elsewhere the chief officer-in-charge of the revenue-
administration of a district;

"COMMISSIONER" shall mean the chief officer-in-charge of the revenue administration

of a division;

"CONSTITUTION" shall mean the Constitution of India;

“DISTRICT JUDGE S.3(17)” shall mean the Judge of a principal Civil Court of original
jurisdiction but shall not include a High Court in the exercise of its ordinary or
extraordinary original civil jurisdiction.

"DOCUMENT" shall include any matter written, expressed or described upon any
substance by means of letters, figures or marks, or by more than one of those means which is
intended to be used, or which may be used, for the purpose or recording that matter.

"ENACTMENT" shall include a Regulation (as hereinafter defined) and any Regulation of
the Bengal, Madras or Bombay Code, and shall also include any provision contained in any
Act or in any such Regulation as aforesaid;

"FATHER", in the case of any one whose personal law permits adoption, shall include an
adoptive father,

"FINANCIAL YEAR [Section 3(21)]: Financial year shall mean the year commencing on
the first day of April.
The term Year has been defined under Section 3(66) as a year reckoned according to the
British calendar. Thus, as per General Clauses Act, Year means calendar year which starts
from January to December.

Page 110 of 128

GOOD FAITH S. 3(22): A thing shall be deemed to be done in "good faith" where it is in
fact done honestly, whether it is done negligently or not. The expression good faith has two
aspects honesty and negligence or want of due care and attention.

"GOVERNMENT" OR "THE GOVERNMENT" shall include both the Central

Government and any State Government;

"HIGH COURT", used with reference to civil proceedings, shall mean the highest Civil
Court of appeal (not including the Supreme Court) in the part of India in which the Act or
Regulation containing the expression operates;

"IMMOVABLE PROPERTY S. 3(26)" shall include land, benefits to arise out of land, and
things attached to the earth, or permanently fastened to anything attached to the earth;

"IMPRISONMENT" shall mean imprisonment of either description as defined in the Indian

Penal Code;

In other words, Imprisonment is the restraint of a person's liberty against their will.
Imprisonment is a legal and formal process of depriving an individual of their liberty by
confining them in a designated facility or prison for a specific period as a punishment for a
crime they have been convicted of committing.

"LOCAL AUTHORITY" shall mean a municipal committee, district board, body of port
commissioners or other authority legally entitled to, or entrusted by the Government with, the
control or management of a municipal or local fund;

"MAGISTRATE" shall include every person exercising all or any of the powers of a
Magistrate under the Code of Criminal Procedure for the time being in force;

"MASTER", used with reference to a ship, shall mean, any person (except a pilot or harbor-
master) having for the time being control or charge of the ship;

"MONTH" shall mean a month reckoned according to the British calendar;

"MOVABLE PROPERTY S. 3(36)" shall mean property of every description, except

immovable property; Thus, any property which is not immovable property is movable
property. Debts, share, electricity are moveable property.

"OATH" shall include affirmation and declaration in the case of persons by law allowed to
affirm or declare instead of swearing;

"OFFENCE" shall mean any act or omission made punishable by any law for the time being
in force;

"OFFICIAL GAZETTE" OR "GAZETTE" shall mean the Gazette of India or the official
Gazette of a State;

"PART" shall mean a part of the Act or Regulation in which the word occurs;

"PERSON S.3(42)" “Person” shall include:

Page 111 of 128
 (i) any company, or
(ii) association, or
(iii) body of individuals, whether incorporated or not

Sec. 3(42) of the General Clauses Act, 1897 merely states what the term person would
include. The definition is illustrative and not exhaustive. The word person as used in sec.
3(42) therefore, has a very wide connotation it includes within its scope not only a natural
person, but also artificial persons (like a company) and juristic persons (such as a consecrated
idol installed at a temple or public place for the public at large). This inclusive definition
indicates that it can take in any body of individuals or other associations whether it be
incorporated or unincorporated.

"POLITICAL AGENT" shall mean, -

(a) in relation to any territory outside India, the Principal Officer, by whatever name called,
representing the Central Government in such territory; and

(b) in relation to any territory within India to which the Act or Regulation containing the
expression does not extend, any officer appointed by the Central Government to exercise all
or any of the powers of a Political Agent under that Act or Regulation;

"PUBLIC NUISANCE" shall mean a public nuisance as defined in the Indian Penal Code;

Public Nuisance under criminal Law: Public nuisance is a term used in criminal law to
describe any act or omission that causes harm, danger, or inconvenience to the public. It is a
criminal offense that affects the peace, health, safety, or morals of the community at large.

Public nuisance is a crime against the state, as it affects the collective interests of the public.
It is defined as any act or omission that causes an obstruction, damage, injury, annoyance, or
inconvenience to the public or a section of it. The harm caused by public nuisance may be
physical, moral, or both. For example, a person playing loud music in a residential area
causing disturbance to the residents is a public nuisance.

"REGISTERED Section 3(49)", used with reference to a document, shall mean registered
in India under the law for the time being in force for the registration of documents;

"REGULATION" shall mean a Regulation made by the President under article 240 of the
Constitution and shall include a Regulation made by the President under article 243 thereof
and a Regulation made by the Central Government under the Government of India Act, 1870,
or the Government of India Act, 1915, or the Government of India Act, 1935;

"RULE" shall mean a rule made in exercise of a power conferred by any enactment, and
shall include a Regulation made as a rule under any enactment;

"SCHEDULE" shall mean a schedule to the Act or Regulation in which the word occurs;

"SECTION" shall mean a section of the Act or Regulation in which the word occurs:

Page 112 of 128

"SIGN", with its grammatical variations and cognate expressions, shall, with reference to a
person who is unable to write his name, include "mark", with its grammatical variations and
cognate expressions;

"SON", in the case of any one whose personal law permits adoption, shall include an
adopted son;

"STATE ACT" shall mean an Act passed by the legislature of a State established or
continued by the Constitution;

"SUB-SECTION" shall mean a sub-section of the section in which word occurs;

"SWEAR", with its grammatical variations and cognate expressions, shall include
affirming and declaring in the case of persons by law allowed to affirm or declare instead
of swearing.

"VESSEL S. 3(63)" shall include any ship or boat or any other description of vessel used
in navigation;

The term ship is defined in sec. 3(55) which reads as follows: 'ship' shall include every
description of vessel used in navigation not exclusively propelled by oars. The term boat is
not defined in the Act.

Definition of the term vessel as contained in sec. 3(63) is of very wide amplitude. The
definition is inclusive not exhaustive. It includes within its ambit any ship or boat or any
other description of vessel used in navigation. Thus, it will include within its scope:

 a mechanically propelled ship.

 boats whether propelled excessively by sails or oars or fitted with engines.
 sailing vessels,
 vessels of other description used in navigation.

"WILL" shall include a codicil and every writing making a voluntary posthumous
disposition of property;

"WRITING" shall be construed as including references to printing, lithography,

photography and, other modes of representing or reproducing words in a visible form;

Note on Abet?

ABET SEC. 3(1): The word 'abet' with its grammatical variations and cognate expressions,
shall have the same meaning as in the Indian Penal Code (45 of 1860). It will be noticed that
sec. 3(1) does not define this term it merely states that it shall have the same meaning as
assigned to it in Indian Penal Code. In simple The term "abet" means to assist, nudge, or
push someone into doing something wrong. In common parlance, the word "abet" means to
assist, advance, aid, conduct, or promote. The term "abet" means to order, procure, or
counsel; to countenance; to encourage; induce, or help; to encourage; or to set another person
up to commit a crime.

Page 113 of 128

Aiding someone in committing a crime is the definition of abetting. Although abetment is
connected to the actual crime, it also constitutes a separate offense and carries a punishment
of its own.

In the case of Sanju v. State of Madhya Pradesh the honorable Supreme court defined ‘abet’
as meaning to aid, to assist or to give aid, to command, to procure, or to counsel, to
countenance, to encourage, or encourage or to set another one to commit. This case is one of
the landmark cases of Abetment to suicide.

FACTS: there was a fight between the husband and wife. In the heated arguments, the
husband told the wife to “go and die”. After two days, the wife committed suicide and there
was a dying declaration of the deceased.

JUDGEMENT: mere pronouncing of the phrase “go and die” does not amount to abetment in
any form. The element of mens rea has to be present necessarily. Moreover, the suicide was
committed two days after the quarrel and hence this shows that the suicide was not the direct
result of the fight. Hence, this shows that the husband cannot be held liable for the suicide of
his wife under the section of abetment.

Abetment is constituted by: -

(1) instigating a person to commit an offence; or

(2) engaging in a conspiracy to commit it; or

(3) intentionally aiding a person to commit it.

When any of these requirements exists, the offence of abetment is complete. Sometimes a
person may commit more than one of these three circumstances in a single offence.

Abetment by Instigation: Instigation basically means suggesting, encouraging or inciting a

person to do or abstain from doing something. Instigation may take place either directly or
indirectly, by written or oral words, or even by gestures and hints. The instigation must be
sufficient to actively encourage a person to commit an offence. It should not be mere advice
or a simple suggestion. The Instigator need not even possess mens rea (a guilty intention to
commit the crime). instigation may generally happen even by:

(a) willful misrepresentation; or

(b) willful concealment of a material fact which a person is bound to disclose.

For example, a court directs Amit, a police officer, to arrest Raj under an arrest warrant.
Brijesh informs Amit that Chandan is Raj despite knowing that he is not. Under this
misrepresentation, Amit ends up arresting Chandan instead of Raj. In this case, Brijesh is
guilty of abetting Amit in wrongfully apprehending Chandan.

Abetment by Conspiracy: Conspiracy basically means an agreement between two or more

persons to commit an unlawful act. Merely intending to commit an offence is not sufficient
for this purpose. Thus, the conspirators must actively agree and prepare themselves to

Page 114 of 128

commit that offence, it becomes a conspiracy. Furthermore, the act which the conspirators
conspire to commit itself must be illegal or punishable.

For example, in dowry death cases, the in-laws of the victim are often guilty of abetment by
conspiracy. They may do so by constantly taunting, torturing or instigating the victim. Even
suicides may take place in this manner through abetment by conspiracy.

Abetment by Aiding: The third manner in which abetment may take place is by intentionally
aiding the offender in committing that offence. This generally happens when the abettor
facilitates the crime or helps in committing it. The intention to aid the offender is very
important.

For example, merely giving food or clothing to an alleged offender may not be punishable.
But giving him food, clothing and shelter to help him hide from the police or commit a crime
is punishable.

Punishment for Abetment: Abetment of certain offences is punishable under specific

Sections of IPC or under other laws. For example, abetment of suicide is punishable under
Section 306. However, when no specific provision exists, the abettor will be punished with
the punishment prescribed for that particular offence he has abetted.

Note on Act?

Act Sec. 3(2): The expression 'act', used with reference to an offence or a civil wrong, shall
include a series of acts, and words which refer to acts done extend also to illegal omissions.

S. 32 of the Indian Penal Code, also provides that the word act includes, illegal omissions and
S. 33 states that the word 'act' covers a series of acts as well as a single act and the word
'omission' denotes as well a series of omissions as a single omission. Further S. 43 of the
Indian Penal Code defines 'illegal', 'legally bound to do' - it enacts that the word 'illegal' is
applicable to everything which is an offence or which is prohibited by law, or which
furnishes ground for a civil action; and a person is said to be 'legally bound to do' whatever it
is illegal in him to omit.

According to S. 3(2) of the General Clauses Act, the term 'act' with reference to an offence or
civil wrong includes a series of wrongs and extends also to illegal omissions. [Commrs. of
Hoogly, Chinsura Municipality v. Ekkari Ghose (1956) ILR 2 Cal 164 (failure to perform
legal obligation on the part of municipality)]. But it does not include an omission which is not
illegal. [Revati Mohan Das v. Jatendra Mohan Ghosh AIR (1934) P C 96].

In order to come within the definition of 'act' the omission should be an illegal omission.
Before an omission on the part of an official can be considered as Illegal it must be shown
that the official concerned had omitted to discharge some official duty imposed on him in
public Interest. The omission in question must have a positive content in it. in other words,
the non-discharge of that must amount to an illegality. [Amalgamated Electric Co. (Belgaum)
Ltd. v. Municipal Committee, Ajmer, AIR (1969) SC 227].

The word 'act' includes an illegal omission, as well as anything omitted which is required to
be done under an Act, for example, omission by police officer to keep a diary (Moulud
Ahmad v. State of U.P. (1964) 2 CrLj 71: 1963 All L J 555 (SC)).

Page 115 of 128

There are three constituent elements of every act: (a) its origin in some mental or bodily
activity of the doer, (b) its circumstances and (c) its consequences. The term "act' in the
context of liability is used in a Very wide sense, meaning "any event which is subject to the
control of the human will, and includes both positive and negative acts, le., acts, of
commission or acts of omission." Salmond: Jurisprudence

Affidavit sec. 3(3): 'Affidavit' shall include affirmation and declaration, in the case of
persons by law allowed to affirm or declare instead of swearing.

The expression 'affidavit' is defined here in an inclusive manner. In common parlance the
term is understood to mean a sworn statement in writing made especially under oath or on
affirmation before an authorized magistrate or officer.

The essential ingredients of an affidavit are that the statements or declarations relevant to the
subject-matter are made by the deponent and in order to add sanctity to them, he swears or
affirms the truth or veracity of the statement made in the presence of a person who in law is
authorized to administer oath or to accept the affirmation. It is the responsibility of the
deponent to make precise and accurate statements in the affidavit.

In order to be valid an affidavit must be sworn before but not simply attested by a judicial
officer. If it is not so sworn it ceases to be an affidavit of the signatory [Chunnilal v. State of
Punjab (1967) ILR 2 Punj 11).

Affidavits taking the place of oral evidence in certain cases form an important piece of
evidence [Sheikh Saheb v. Mucheli Narsimha Reddy (1967), 1 And. WR 437].

Where an application is drawn up and at its foot an affidavit is sworn, it is sufficient

compliance with the requirements of an application under Order 41 rule 27 of the Civil
Procedure Code. An application founded on affidavit is a proper application for the purpose
of Order 41 rule 27 of the Civil Procedure Code [M.M. Qasim v. M. L. Sharma AIR (1981)
SC 1113].

Mention may here be made of provisions dealing with affidavits under the procedural laws.
Rule 3 of Order 19 of the Code of Civil Procedure deals with affidavits. It provides that (i)
affidavits shall be confined to such facts as the deponent is able of his own knowledge to
prove, except on interlocutory applications, on which statements of his belief may be
admitted; provided that the grounds thereof are stated.....

Secs. 295, 296 and 297 of the Code of Criminal Procedure relate to affidavits. Sec. 295 deals
with affidavit in proof of conduct of public servants, sec. 296 makes provision for evidence
of formal character on affidavit and sec. 297 enacts provision as regards the authorities before
whom affidavits to be used under the code may be sworn or affirmed [sub. sec. (1)]. It also
provides that affidavits shall be confined to, and state separately, such facts as the deponent is
able to prove from his own knowledge and such facts as he has reasonable ground to believe
to be true, and in the latter case, the deponent shall clearly state the grounds of such belief
(sub. sec (2)). The court may order any scandalous and irrelevant matter in the affidavit to be
struck out or amended [sub- sec (3) to sec. 297 Cr. P.C.].

Short note on Central Act S. 3(7)?

Page 116 of 128

'Central Act S. 3(7)' shall mean an Act of Parliament, and shall include-

(a) an Act of the Dominion Legislature or the Indian Legislature passed before the
commencement of the constitution, and

(b) an Act made before such commencement by the Governor General in Council or the
Governor General, acting in a legislative capacity.

The term Central Act is defined in the above sub. sec. to mean an Act of Parliament. Clauses
(a) and (b) of sec. 3(7) state the pre-constitution legislations which the term Central Act shall
include. It may be stated here that a parliamentary legislation is known as a Central Act
which is in contradistinction to the State Acts because of the federal character of our
Constitution, providing for a double set of legislative organs one for the Union and another
for the States. Sec. 3(7) draws a distinction between an Act of Parliament and a Central Act.
Thus a Pre- Constitution Act like Land Customs Act, 1924 is a Central Act but not an Act of
Parliament. Further, the Constitution of India is not a Central Act within the meaning of sec.
3(7). Therefore sec. 6 of the General Clauses Act would not apply to the repeal of any
enactment by the Constitution. The interpretation provision in Article 367 of the Constitution
does not require one to read 'Constitution' for any Central Act or regulation 'wherever these
words occur in the General Clauses Act.

COMING INTO OPERATION OF ACTS: Under S.3(13) of the act it means the day on
which the act of regulation comes into force. An act cannot be said to commence unless it
Is brought into operation by legislative enactment.

Note on service by post? 6 Marks

Meaning of Service By Post: Where any Central Act or Regulation made after the
commencement of this Act authorizes or requires any document to be served by post, whether
the expression "serve" or either of the expressions "give" or "send" or any other expression
is used, then, unless a different intention appears, the service shall be deemed to be effected
by properly addressing, pre-paying and posting by registered post, a letter containing the
document, and, unless the contrary is proved, to have been effected at the time at which the
letter would be delivered in the ordinary course of post.

Under the General Clauses Act, 1897, the provisions related to service of documents by post
are covered in Section 27. This section is designed to address how service of notices,
documents, or other communications should be interpreted when sent by post.

Section 27: Service by Post: It enacts that where any Central Act or Regulation authorizes or
requires any document to be served by post the court may presume due service to have been
effected where circumstances specified in the section are present.

The earliest case in which this presumption was drawn seems to be that of Harihar Bannerjee
v. Ram Sashi Roy [AIR (1918) PC 102] wherein it was held that if a letter properly directed
is proved to have been put into the post office, it is presumed that the letter reached its
destination at the proper time according to the regular course of business of the post office,
and was received by the person to whom it was addressed.

Page 117 of 128

Sec. 27 does not lay down that wherever there is any provision in any Act for sending any
notice by post, it must invariably be sent by Registered Post. It merely states that court might
presume service to have been effected on proof of facts that a letter -

(a) which is properly addressed

(b) which contains the document

(c) on which stamp has been paid properly and

(d) which was sent by registered post.

The twofold presumption arising under the section deals with the mode of service (that is
service by post) and the time of service (that is ordinary course of post). The twofold
presumption arising under the section is: (i) that the service shall be deemed to have been
effected; and ii) that such service would be deemed to have been effected at the time the letter
would be delivered in the ordinary course of post.

All the four requirements of sec. 27 must be met. If anyone is not complied with, the
presumption will not arise. It has been held that no presumption arises on an envelope sent by
ordinary post and returned with endorsement of refusal, and particularly, when the postman
has not been examined [Surinder Kumar Kapur v. Sujan Singh Chadha (1971) 1 LR 1 Del
672].

In Jagdish Singhv. Natthu Singh, AIR 1992 SC 1604, -- it was held that where a notice is sent
to the landlord by registered post and the same is returned by the tenant with an endorsement
of refusal, it will be presumed that the notice has been served.

In Smt. Vandana Gulati v. Gurmeet Singh alias Mangal Singh, AIR 2013 All 69, --- it was
held that where notice sent by registered post to person concerned at proper address is
deemed to be served upon him in due course, unless contrary is proved.

Endorsement ‘not claimed/not met’ is sufficient to prove deemed service of notice

Summary: Section 27 of the General Clauses Act, 1897, ensures that documents sent by post
are deemed to be effectively served when properly addressed and dispatched. This legal
presumption of service helps streamline legal processes and communication by reducing
disputes over whether a document was received, thereby facilitating smoother administrative
and legal procedures.

What is construction of statutes?

Construction, in strict sense, is the process by which the court assigns the meaning to the
ambiguous provision which is beyond the letter of law for the purpose to resolve the
inconsistency. The judges after taking into consideration the factual circumstances before the
court give a particular meaning to the expression or word or phrase in question. Although,
such meaning must be within the ambit of the objective of statute and could not be directly
explained by the statute.

Page 118 of 128

In simple words, construction is the process of drawing conclusions of the subjects which are
beyond the direct expression of the text. The courts draw findings after analyzing the
meaning of the words used in the text or the statutes. This process is known as legal
exposition. The objective is to assist the judicial body in determining the real intention of the
legislature. Its aim is also to ascertain the legal effect of the legal text. The word
interpretation and construction are used interchangeably but there is thin line of difference
between both the concepts.

difference between interpretation and construction?

Interpretation Construction
It is the process by which court assign
It is the process adopted by the court to
the meaning to the ambiguous provision
1 determine the true meaning of the legislative
which is beyond the letter of law for the
provision.
purpose to resolve the inconsistency.
By construction one can find out the way
By interpretation one can find out the true
2 to apply the meaning to the factual
sense of any form of words in statue.
circumstances before court.
Interpretation enables the linguistic meaning Construction is more concerned in
3
of the legal text. enabling conclusion to the situation.

The necessity for Interpretation arise when:

1. Meaning is not clear.

2. Two different interpretations are possible and the parties prefer the meaning beneficial
to their interests.
3. Legislative language may be complicated for a layman, and hence may require
interpretation.

Salient features of the general clauses Act? Objective of Act? 12 Marks

The General Clauses Act of 1897 is a piece of legislation that provides rules for the
interpretation of statutes. These rules are applicable to all Central Acts and Regulations,
unless the context otherwise requires. The General Clauses Act of 1897, often referred to as
the Interpretation Act, indeed lays down the fundamental principles for interpreting
legislation in India. It serves as a crucial tool for ensuring consistency and coherence in legal
interpretation across various statutes. By providing standardized legal terminology,
techniques, and expressions, the Act helps in avoiding ambiguity and promoting clarity in
legislative language.

Overall, the General Clauses Act of 1897 plays a significant role in shaping the legal
framework in India by providing a comprehensive framework for the interpretation of statutes
and laying down essential principles to guide legal practitioners, judges, and lawmakers in
their interpretation and application of legislation. The Act lays down the rules for interpreting
words and phrases used in laws, as well as the principles of construction and other general
rules that help resolve any doubts that arise during the interpretation of laws. The act has
been amended multiple times and continues to play a critical role in helping judges and legal
professionals interpret other laws.

Page 119 of 128

The General Clauses Act, 1897 is a key piece of legislation in India that provides general
rules for the interpretation of statutes and legal provisions. Here are its salient features:

1. Definitions: The Act provides definitions for certain terms used in the interpretation
of statutes. These definitions are applicable unless there is anything repugnant in the
subject or context.
2. Gender and Number: Words importing the masculine gender also include the
feminine gender, and words importing the singular number include the plural, and
vice versa.
3. Singular and Plural: Words in the singular shall include the plural, and vice versa.
4. Gender-specific Terms: Words importing the masculine gender shall be taken to
include females as well unless the contrary intention appears.
5. Tenses: Words in the present tense include the future tense.
6. References to Officers: References to authorities, officers, and functionaries shall
include references to successors in office, or other persons authorized to exercise
those powers or functions.
7. Territorial References: References to territories, districts, etc., shall be construed as
references to territories, districts, etc., for the time being determined in accordance
with law.
8. Computation of Time: Unless otherwise provided, time shall be computed in
accordance with the Gregorian calendar.
9. Acts by Agents: Whenever an act is to be done by an authorized person, it may be
done by an agent of such person unless otherwise provided.
10. Continuance of Powers, Authorities, etc.: The expiration, determination, or
extinction of any power, authority, jurisdiction, or right shall not affect any acts done
under that power or jurisdiction.

The primary objective of the General Clauses Act, 1897 is to provide a set of general
principles and rules for the interpretation of statutes. Some of the specific objectives of the
Act include:

1. To ensure uniformity and consistency in the interpretation of statutes across various

laws and legal documents.
2. To avoid unnecessary repetition of provisions in different statutes by providing
standard terminology and expressions.
3. To promote clarity and precision in legal language by establishing standard rules for
construction.
4. To facilitate legal certainty and predictability by laying down clear principles for the
interpretation of statutes, thereby reducing ambiguity and uncertainty in legal texts.
5. To provide a framework that can be adapted to different statutes and legal contexts,
ensuring its applicability across various laws and regulations.

 To promote efficiency in legal interpretation and administration by providing a

standardized set of rules and principles that can be readily applied by legal
practitioners, judges, and lawmakers.
 To make Central Acts' language shorter;
 To prevent mistakes and oversights, some common form clauses that should
otherwise be included in every central act are imported into each act.

Page 120 of 128

The General Clauses Act's main goal is to consolidate many provisions on word
interpretation and legal doctrines that would otherwise need to be detailed individually in
numerous Acts and Regulations into a single act. The General Clauses Act must thus be
construed in light of all applicable statutes whether it relates to word meaning or legal
principles.

In the case of The Chief Inspector of Mines v. Karam Chand Thapar, the Supreme Court
outlined the goal of the Act. It claimed that the goal of this Act was to consolidate several
rules on word interpretation and legal principles that would otherwise need to be detailed into
a single statute.

The General Clauses Act’s utility in resolving conflicts or uncertainties between pre-
constitutional and post-constitutional laws, as well as in cases where specific enactments lack
clarity.

1. Resolution of Discrepancies: The General Clauses Act serves as a guiding tool to

resolve conflicts or discrepancies between laws enacted before and after the
Constitution. It provides a set of general principles for interpreting statutes, which can
help in harmonizing conflicting provisions and ensuring consistency in legal
interpretation.
2. Clarity in Application: In situations where specific enactments are unclear or
ambiguous, the Act offers clear guidelines for interpretation. By providing rules for
the construction of statutes, including principles related to definitions, gender,
number, and interpretation of terms, the Act helps clarify the intended meaning of
legal provisions.
3. Effective Date and Application: One of the crucial aspects addressed by the Act is
the determination of the effective date of laws and their application. It specifies rules
for the commencement of statutes, including provisions related to the retrospective
and prospective operation of laws. This helps in ensuring that laws are applied
appropriately and consistently, minimizing confusion and uncertainty.
4. Minimization of Confusion: Overall, the General Clauses Act plays a significant role
in minimizing confusion and promoting legal certainty by providing clear guidelines
for the interpretation and application of statutes. It acts as a bridge between different
legal regimes and helps maintain continuity and coherence in the legal framework.

Conclusion: The General Clauses Act, 1897, aims to streamline and standardize legal
interpretation and procedures, enhancing clarity and efficiency in the application of statutes.

Interpretation of Statute means to understand the meaning of the statute by the words in
which it is expressed. It is the primary function of the court to interpret the legislature when a
dispute comes before it. It is imperative for the court to find out the intention of the
legislature in the language used by the legislature in the statute.

Page 121 of 128

However this interpretation cannot be at the discretion of the court, but in accordance with
the certain principles evolved over time which are known as rules of interpretation. This
interpretation is aided by various factors such as short title, long title, headings, definition
clause, illustrations, schedules etc of a statute.

A statute can be interpreted in two ways:

 Liberal interpretation
 Strict Interpretation

The term "liberal interpretation" also known as beneficial or benevolent legislation, refers to
the duty of the court to determine the meaning of the word and understand what the statute
says by going beyond the letter of the statute. Statutes are interpreted liberally to understand
the spirit of the law and uphold the objective of the statute.

On the other hand, "strict interpretation" states that a statute must be interpreted literally, i.e
the words in which it is expressed, and should not go beyond the letter of the law. Strict
interpretation limits itself to the scope of the law. Under liberal interpretation, rules of
interpretation such as mischief rule, golden rule etc are used to understand the mischief of the
law and to interpret the law in such a way that the essence of the law is upheld.

However, in the case of strict interpretation, it only sticks to the literal rule where the law is
interpreted in the words it is expressed by taking into account the ordinary and natural
meaning of those words. The following research throws light on the concept of strict
interpretation of a penal statute and the analysis of the same with respect to the Prevention of
Corruption Act, 1988.

Analyze the presumption against the retrospective operation of Statute?

What is Penal Statute, how is it interpreted? Analyze the interpretation of penal

statute?

Penal statute is a statute that defines a criminal offense and prescribes its corresponding
penalty (fine, or imprisonment). As a general rule, strict construction must be applied to
criminal statutes.

Page 122 of 128

Criminal Law maintains public order but directly affects the personal liberty of the
individual. Hence special care and caution needs to be take while interpreting any penal
statute. The term ‘Penal statute’, if employed without qualification, is ambiguous. The cause
of the ambiguity is that the statutes fall, from the point of view of penalty or sanction into 3
main classes-

a. Acts enforceable by criminal remedies

b. Acts enforceable by civil remedies by way of damages,

c. Act enforceable by civil remedies in the form of penalty, forfeiture or disability

General Principles of interpreting penal statutes:

1. To be strictly interpreted: These penal statutes are to be strictly construed, they cannot be
enlarged or extended by intendment, implication, implication, or by any equitable
consideration. The language of penal statutes cannot be enlarged beyond the ordinary
meaning of its term in order to carry into effect the general purpose for which the statute was
enacted.
The rule of strict construction does not involve any scope of flexibility or plasticity with it.

2. Mischief to be suppressed: Penal codes must be construed in such a manner which will
suppress the mischief and advance the object which the legislature had formed

3. Where there are two interpretations: If in any case there are 2 interpretations to a
provision of a penal law the one which is favorable to the accused should be preferred but
with due regard to the context in which it is mentioned.

4. Consideration of Public Policy: While interpreting any penal statute there must be due
consideration to public policy.

5. Presumption against retrospective operation: A penal statute cannot be presumed to

have retrospective effect, but if it is beneficial to the accused whereby the punishment is
reduced by legislation, then the accused can be benefitted out of such a retrospective effect.

6. Harmonious Construction: The interpretation of any one of the provisions of a penal

statute must always be in accordance with the rest of the provisions of that statute. Therefore,
the rule of harmonious construction must be applied to penal statutes

7. Mens Rea in statutory offenses: The mental element behind any offence must be
considered while interpreting any penal statute. Therefore, the existence of a guilty intent is
an essential ingredient of a crime at common law.

Note on Restrictive and Extensive interpretation?

Page 123 of 128

In statutory interpretation, the terms restrictive and extensive refer to two different
approaches used by courts and legal professionals to interpret and apply legislative
provisions. These approaches influence how broadly or narrowly a statute's provisions are
applied. Here’s a detailed note on both approaches:

Restrictive Interpretation

Restrictive interpretation (or narrow construction) involves interpreting a statute in a way

that limits its scope and application. This approach seeks to confine the statute’s meaning to
the specific cases or circumstances that are clearly covered by its text, avoiding broad or
expansive interpretations.

Characteristics:

 Narrow Scope: The statute is interpreted in a manner that restricts its application to
the minimum extent necessary to fulfill its intended purpose.
 Textual Focus: Emphasis is placed on the exact wording and specific terms used in
the statute. The interpretation stays close to the literal meaning of the text.
 Legislative Intent: This approach often considers the legislative intent to avoid
extending the statute's provisions beyond what was originally intended by the
lawmakers.

When It’s Used:

 Avoiding Overreach: When there is a risk of the statute being applied too broadly,
leading to unintended consequences.
 Protecting Rights: To ensure that individual rights or freedoms are not unduly
infringed upon by the application of the law.

Examples:

 Criminal Law: In criminal statutes, a restrictive interpretation is often applied to

ensure that individuals are not convicted under a statute unless their conduct clearly
falls within its scope. For instance, if a statute criminalizes "assault," a restrictive
interpretation would ensure it only covers actions that directly fall under assault,
excluding related but different conduct.

Extensive Interpretation

Extensive interpretation (or broad construction) involves interpreting a statute in a way

that expands its scope and application beyond the literal meaning of its text. This approach
seeks to give effect to the broader objectives and purposes of the statute, even if it means
applying the provisions to cases that might not be immediately apparent from the text.

Characteristics:

 Broad Scope: The statute is interpreted in a manner that extends its application to
include a wider range of cases or circumstances.
 Purpose-Oriented: Emphasis is placed on the broader purpose and intent behind the
statute, rather than just the literal wording.

Page 124 of 128

  Adaptive: Allows the statute to adapt to new situations or developments that were not
specifically foreseen at the time of drafting.

When It’s Used:

 Fulfilling Legislative Intent: When a broader application is necessary to achieve the

objectives of the statute as envisioned by the lawmakers.
 Addressing Unforeseen Situations: To apply the statute to new or evolving
situations that were not explicitly anticipated but fall within the spirit of the law.

Examples:

 Consumer Protection Laws: In interpreting consumer protection statutes, an

extensive interpretation might be used to cover new forms of fraud or unfair practices
that were not specifically described in the text but are consistent with the statute's
purpose of protecting consumers.

Comparative Note

 Restrictive Interpretation tends to favor a more cautious and limited application,

ensuring that the statute’s impact remains within its originally intended scope. This
approach is often used to protect individual rights and prevent the statute from being
applied in ways that could lead to unintended consequences.
 Extensive Interpretation aims to ensure that the statute's broader objectives are met,
allowing it to address new and unforeseen circumstances in a manner consistent with
its purpose. This approach can help in adapting the law to changing contexts and
ensuring that the statute remains effective and relevant.

Summary

Restrictive and extensive interpretations represent two contrasting approaches in statutory

interpretation. Restrictive interpretation limits the scope of a statute to its literal meaning
and specific cases, focusing on precision and legislative intent. Extensive interpretation
broadens the scope to align with the broader objectives and evolving needs, emphasizing the
statute’s purpose. Both approaches are employed by courts to balance the application of the
law with its intended purpose and impact.

kinds of definitions

In legal and legislative contexts, definitions play a crucial role in ensuring clarity and
precision. Different kinds of definitions are used to specify the meaning of terms and
concepts within statutes, regulations, and legal documents. Here’s a detailed overview of the
various kinds of definitions commonly used in legal texts:

1. Lexical Definitions

Lexical definitions provide the ordinary or dictionary meaning of a term. They aim to reflect
the common understanding of a word or phrase as it is used in everyday language.

Page 125 of 128

  Example: The definition of “vehicle” might be provided as “a means of
transportation, such as a car or truck,” reflecting its general meaning.

2. Statutory Definitions

Statutory definitions are specific to the context of a particular statute. These definitions
clarify how terms should be understood within the framework of that law.

 Example: In the Indian Contract Act, 1872, Section 2 defines “contract” as “an
agreement enforceable by law.” This definition is specific to the Act and determines
how the term “contract” should be interpreted in legal contexts related to contract law.

3. Operational Definitions

Operational definitions specify how a term is used or applied in practice, often outlining the
procedures or criteria for determining whether something fits the definition.

 Example: In environmental regulations, an “emission source” might be defined

operationally to include any equipment or facility that releases pollutants into the air,
specifying the criteria for categorization.

4. Declaratory Definitions

Declaratory definitions are used to formally declare the meaning of a term as it is intended
by the legislation, often for the purpose of legal clarity and certainty.

 Example: A definition in a statute that reads, “For the purposes of this Act,
‘employee’ means any person who works under a contract of employment” serves to
declare the specific meaning of “employee” within the context of that Act.

5. Provisional Definitions

Provisional definitions are temporary or preliminary definitions used until a more

comprehensive or permanent definition is established. They may be subject to change based
on further developments or clarifications.

 Example: An Act might include a provisional definition of “digital media” pending

further legislative review and updates to account for technological advancements.

6. Interpretative Definitions

Interpretative definitions are used to explain the meaning of terms in a way that aligns with
the purpose or intent of the legislation. These definitions help in interpreting how terms
should be understood in context.

 Example: An interpretation clause in a statute might define “public interest” broadly

to include various aspects such as health, safety, and welfare, reflecting the intent to
cover a wide range of issues.

Page 126 of 128

7. Restrictive Definitions

Restrictive definitions limit the scope of a term to a narrower meaning than its general or
ordinary use. They are used to confine the application of a term to specific contexts.

 Example: In a statute related to land use, “residential property” might be defined

restrictively to include only properties designated for single-family homes, excluding
multi-family or commercial properties.

8. Extensive Definitions

Extensive definitions broaden the meaning of a term to cover a wider range of contexts or
situations than its ordinary use. These definitions are designed to ensure that the statute
addresses a broader spectrum of issues.

 Example: A health and safety statute might define “workplace” extensively to include
not only the physical workplace but also remote work locations and any place where
work-related activities are conducted.

9. Negative Definitions

Negative definitions define a term by specifying what it is not. This approach clarifies what
falls outside the scope of a definition.

 Example: A definition of “public authority” might include everything except private

organizations, specifying what is excluded from the term’s scope.

10. Hybrid Definitions

Hybrid definitions combine elements of various types of definitions, providing a

comprehensive explanation that incorporates ordinary meaning, statutory context, and
operational criteria.

 Example: A definition of “consumer” in a consumer protection statute might include

both the ordinary meaning of the term and specific criteria such as the purchase of
goods or services for personal use.

Summary

Different kinds of definitions are used in legal and legislative contexts to ensure that terms
and concepts are clearly understood and consistently applied. Lexical, statutory, operational,
declaratory, provisional, interpretative, restrictive, extensive, negative, and hybrid definitions
all serve specific purposes in clarifying the meaning of terms and aiding in the interpretation
and application of laws. Each type of definition helps address different aspects of clarity,
precision, and applicability in legal texts.

What is meaning of Mens Rea? Is it applicable to offences under the IPC 1860?

Page 127 of 128

Mens rea refers to criminal intent. The literal translation from Latin is "guilty mind." It
encapsulates the idea that for an act to be deemed criminal, there must be a corresponding
criminal intent or mental state behind it.
Every offence created under IPC virtually imports the idea of criminal intent or mens
rea in some form or other. The doctrine of mens rea has been applied by the Courts in
India and it is now firmly settled law that mens rea is an essential ingredients of offences.
In the case of R. Hariprasada Rao v. State [(1951) SCR 322] the Supreme Court ruled that
unless a statute either clearly or by necessary implication rules out mens rea as a constituent
element of crime, a person should not be found guilty of an offence, unless he had a guilty
mind at the time of commission of the offence. The Apex Court reiterated the same principle
in the case of State of Maharashtra v. M.H. George (AIR 1965 SC 722)
Mens rea is not essential in respect of five offences in I.P.C., namely:

 Sec. 121 (waging war),

 Sec. 124 A (sedition),
 Secs. 359 and 363 (kidnapping and abduction), and
 Sec. 232 (counterfeiting coins).

Explain the purpose of codifying and consolidating statute?

A codifying statute is one which restates the legal subject matter previously contained in
earlier statutes, the common law and custom law, it is s statute that purports to be exhaustive
in restarting the whole of the law on a particular topic, including prior case law as well as the
legislative provisions
Example: The Indian Penal Code, 1860: The Code of Civil Procedure, 1908; The Code of
Criminal Procedure, 1973; etc.
A Consolidating statute is a statute that collects the legislative provisions on a particular topic
and embodies them in a single statute, often with minor amendments and drafting
improvements. The Courts generally presume that a consolidating statute leaves prior case
law Intact.
The Consolidating Statute re-enacts and repeals particular legal subject matter which was
previously contained in several different statutes its purpose is to state the combined effect of
different statutes and so simplify the presentation of the law.

Page 128 of 128