Final Assignment on Interpretation

of Statute

Course Code: LLBH 411

Prepared for
Dr. Md. Mehedi Hasan
Assistant Professor
Department of Law
Green University of
Bangladesh

Prepared by
Tajuddin Ahamed
173011003
Department of Law
Green University of Bangladesh
Submission Date: 17-09-2020
Table of Contents
What Is a Statute? ......................................................................................................2
Different types of statute ............................................................................................3
How internal aid of statute helps to interpret law ......................................................7
Aids to interpretation of statutes ................................................................................8
Internal aids to interpretation ................................................................................13
External aids to interpretation ...............................................................................17
Bibliography.............................................................................................................19

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 What Is a Statute?
We all know that 'the law' tells us what we can and can't do, and that 'the law' is
enforceable by the government. But what is 'the law' exactly? Where does it come
from, and what forms does it take? There are a few types of laws, one of which is
statutory law, or statutes. How do statutes work, and how do they differ from other
sources of law?

A statute, is a law that has been enacted by a legislature, which is the body that has
been granted the power by a constitution to enact legislation, or laws. When a statute
is passed, it becomes law and therefore part of statutory law. The federal legislature
of the United States is the United States Congress. Each state has its own legislature,
which enacts laws for that state. Once enacted by the legislature, statutes are signed
into law by the chief member of the executive branch - the president for federal
statutes and the governor for state statutes. Statutes are drawn together and organized
by subject in what are called codes.

Simply put, a statute is a specific statement of the law on a particular issue. For
example, a state statute might state that a dog owner is liable for any injury caused
if his or her dog bites someone if the owner already knew about the dog's dangerous
biting propensity. This state statute would be binding for all citizens of that state.

Statute law or Statutory law is a law that is created by the legislation, for e.g. the
State Legislature. A statute is a formal act of the legislature in written form. A
legislature is a kind of assembly with the power to pass, amend and repeal laws.
Statutory laws are the basic framework of the modern legal system. Supreme
legislation and subordinate legislation are two types of the legislature. Legislative
powers are divided into three lists: Union list, State list, and concurrent list. Let us
learn more about the types of the legislature and legislative powers.

Bangladesh is a common law country having its legal system developed by the
British rulers during their colonial rule over British India. The land now comprises
Bangladesh was known as Bengal during the British and Mughal regime while by
some other names earlier. Though we had religious and political equipment’s and
institutions from almost pre historic era, Mughals first tried to recognize and
establish them through state mechanisms. The Charter of 1726, granted by King
George 1, authorized the East India Company to establish Mayor's Courts in Madras,
Bombay and Calcutta and is recognized as the first codified law for the British India.

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As a part of the then British India, it was the first codified law for the then Bengal
too. Since independence in 1971, statutory law enacted by the Parliament of
Bangladesh has been the primary form of legislation. Judge made law continues to
be significant in areas such as constitutional law. Unlike in other common law
countries, the Supreme Court of Bangladesh has the power to not only interpret laws
made by the parliament, but to also declare them null and void and to enforce
fundamental rights of the citizens. The Bangladesh Code includes a compilation of
all laws since 1836. The vast majority of Bangladeshi laws are in English. But most
laws adopted after 1987 are in Bengali. Family law is intertwined with religious law.
Bangladesh has significant international law obligations.

Different types of statute

Bangladesh is a common law country having its legal system developed by the
British rulers during their colonial rule over British India. The land now comprises
Bangladesh was known as Bengal during the British and Mughal regime while by
some other names earlier. Though we had religious and political equipment’s and
institutions from almost pre historic era, Mughals first tried to recognize and
establish them through state mechanisms.
The Charter of 1726, granted by King George 1, authorized the East India Company
to establish Mayor's Courts in Madras, Bombay and Calcutta and is recognized as
the first codified law for the British India. As a part of the then British India, it was
the first codified law for the then Bengal too. Since independence in 1971, statutory
law enacted by the Parliament of Bangladesh has been the primary form of
legislation. Judge made law continues to be significant in areas such as constitutional
law.
Unlike in other common law countries, the Supreme Court of Bangladesh has the
power to not only interpret laws made by the parliament, but to also declare them
null and void and to enforce fundamental rights of the citizens. The Bangladesh Code
includes a compilation of all laws since 1836. The vast majority of Bangladeshi laws
are in English. But most laws adopted after 1987 are in Bengali. Family law is
intertwined with religious law. Bangladesh has significant international law
obligations.

During periods of martial law in the 1970s and 1980s, proclamations and ordinances
were issued as laws. In 2010, the Supreme Court declared that martial law was

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illegal, which led to a re-enactment of some laws by parliament. A Right to
Information Act has been enacted. Several of Bangladesh's laws are controversial,
archaic or in violation of the country's own constitution. They include the country's
special powers act, blasphemy law, sedition law, internet regulation law, NGO law,
media regulation law, military justice and aspects of its property law. Many colonial
laws require modernization.

Classification of Statutes –

A statute may generally be classified with reference to its duration method, object,
and extent of application.

❖ Classification with reference to duration -

1) Temporary Statute -

2) Permanent Statute/Perpetual Statute -

• Temporary Statute -
A temporary Statute is one where its period of operation or validity has been fixed
by the statute youth itself. A statute is temporary when its duration is only for a
specified time and it expires on the expiry of the specified time unless it is repealed
earlier.

• Permanent Statute/Perpetual Statute -

A permanent Statute is one where no such period(like a temporary statute) has been
mentioned but this does not make the statute unchangeable; such a state it may be
amended or replaced by another Act. In simple words, it is perpetual when no time
is fixed for its duration and such statute remains in force until it's repeal which may
be express or implied

❖ B. Classification with reference to Nature of operation-

1) Prospective Statutes -
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A Statute which operates upon act and transactions which have not occured when
the statutes take effect, that is which regulates the future is prospective Statutes

2) Retrospective Statute -

Every Statute takes away or impairs vested rights acquired under the existing laws
or creates new obligations into a new duty or attaches new disability in respect of
transactions or considerations already passed are deemed retrospective or retroactive
statutes.

3) Directory Statute -

Directory statutes merely direct or permits anything to be done without compelling

its performance. It is generally affirmative in its terms recommends a certain act or
omissions, but it does not impose the penalty on non-observance of its provisions.

4) Mandatory Statute -

Mandatory Statutes he is one which compels performance of certain things or

compels that a certain thing must be done in a certain manner or form.

❖ C. Classification with Reference to Object -

1) Codifying Statute -

A Codifying Statute is one which Codifies the law. The code contains the pre-
existing provision in different statutes on the subject as well as the common law on
it. The purpose of a Codifying Statutes is to present an orderly and authoritative
Statement of the leading rule of law on a given subject whether those rules are to be
found in statute law or common law.

2) Consolidating Statute -

Consolidating statute is one which consolidates the law on a particular subject at one
place; it collects all statutory enactments on a specific subject and gives them the

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shape of one statute with minor amendments if necessary. The main purpose of
consolidating statute is to present the whole body of statutory law on a subject in
complete form repeating the former statute.
3) Declaratory Statute

4) Remedial Statute -

The remedial statute is one whereby new favor or a new remedy is conferred.

5) Enabling Statute -

Enabling statutes are statutes which enlarges the common law where it is too strict
or narrow. It is a statute which makes it lawful to do something which would not
otherwise be lawful.

6) Disabling Statutes -

This type of statutes restricts or cut down a right conferred by the common law. An
Act restraining a common law right is a disabling Act.

7) Penal Statute -

A Penal statute is one which punishes certain acts or wrong. Examples – Penal
Code,1860. Special Powers Act,1974. Nari O Shishu Nirjatan Daman Ain,2000.etc
.

8) Taxting Statute -

A taxing statute is one which imposes taxes on income or certain other kinds of
transactions. It may be in the form of income tax, wealth tax, gift tax, sales tax etc.

9) Explanatory Statute -

An explanatory statute is one which explains a law

10) Amending Statute -

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It is a statute which makes and addition to or operates to change the original law as
to effect improvement or more effectively carry out the purpose of for which the
original law was passed.

11) Repealing Statute -

A Repealing statute is one which repeals an earlier statute.

12) Curative for Validating Statute –

It is passed to cure defects in the prior law and to validate legal proceedings,
instruments or act of public and private administrative powers which in the absence
of which statute would be void for want of conformity with existing level
requirements but which would have been valid if the Statute has so provided at the
time of enacting.

How internal aid of statute helps to interpret law

What is interpretation of statutes?
Interpretation is the process which is employed by the judiciary to ascertain or to
determine the meaning of the statutes or legal provision. It is basically a process by
which court seeks to ascertain the true meaning of the expression or word or phrase
which is in question in any statute before the court and determine the true intention
of the legislature behind such statutory provision.

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.

According to Salmond:
Interpretation and construction is the process by which the court seek to ascertain
the meaning of the legislature through the medium of authoritative forms in which
it is expressed.

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According to Blackstone:
The most fair and rational method for interpreting a statute is by exploring the
intention of the legislature through texts, the subject matter, the effect and
consequences or the spirit and reason of law.

What is construction of statutes?

Construction, in strict sense, is the process by which the court assign 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.
The word interpretation and construction are used interchangeably but there is thin
line of difference between both the concepts.

According to Cooley, “Interpretation is the art of finding out the true sense of any
form of words and enabling others to drive from them the same meaning which the
author intended to convey, whereas, construction is the process of drawing
conclusions, respecting subjects that lie beyond the direct expression of the text,
which are in the spirit though not within the letter of law.
Basically, interpretation is a process of discovering, from permissible data, the
meaning and intension of the legislature and if interpretation discloses clear meaning
and intention of the legislature it will be directly applied to factual circumstances but
if interpretation doesn't disclose clearly the meaning in context of factual
circumstances, then construction will undergoes to seek to assign meaning or
intention to the words used by the legislature. It is clearly drawn that construction is
more concerned with applying the meaning to the factual circumstances than mere
ascertaining the meaning of the words of provision.

Aids to interpretation of statutes

An Aid is considered as a tool or device which helps in interpreting a statute, the
court can take help from internal aids to interpretation (i.e. within statutes) or
external aids to interpretation (i.e. outside the statutes)

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Internal aids to interpretation

Traditionally, all legislative writers regard the preamble, title, heading, marginal
notes, punctuation, diagrams, meanings, proviso, description etc. as internal aids. It
is now well decided by a long catena of rulings that preamble is not a part of
enactment. It is a recital of the legislature’s purpose as it enumerates the mischief
that needs to be remedied. While it is regarded as a key to the construction of the
statute, if the enacting part is subject to question, the enacting part cannot be
limited or expanded until the latter is free of question. However, in India, it is well
known that the preamble to India’s constitution and the Criteria for the
Implementation of State Policies and Constitutional laws. We are going to deal
with that a little bit later. But there is nothing wrong with Courts referring to the
preamble as well as the title of the Act while creating the law to know the
legislature’s purpose.

Whenever a reasonable doubt exists as to the provisions of the legislation, it is

appropriate to refer to the section interpretation heading of the provision. As
regards the marginal notes contained in the law itself, they are also regarded as
guides for the reading of the statutes. It is the legislature’s practice to offer
illustrations in many statutes, especially penal statutes, enacted in the older times.
The illustrations should not be used to either minimize or expand the section’s
reach. Jurists use both Rules and Aids to assist in interpreting the Statutes. As the
Supreme Court stated in K.P. Varghese v. Income Tax Officer, Ernakulam[4],
interpreting the statute as an exercise in the determination of meaning should be
admissible for everything that is logically relevant. A Rule is an established or
uniform course of things. There are three rules of statutory interpretation-Literal,
Golden, and Mischief. An Aid, on the other hand, is an appliance that helps or
helps. The court has to resort to various internal and external aids for building or
interpreting purposes.

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LONG TITLE AND SHORT TITLE

The Long Title of an Act is now settled as part of the Act and is admissible as an
aid to its construction. The long title that often precedes the preamble must be
distinguished by the short title; the former, taken with or even in the absence of the
preamble, is a good guide to the object, scope or purpose of the Act, whereas the
latter, being only an abbreviation for reference purposes, is not a useful aid for
construction.

For instance, the long title of the Code of Criminal Procedure, 1898 says: An Act
to consolidate and amend the law relating to criminal procedure, and that of the
Prevention of Corruption Act, 1988 says: ‘An Act to consolidate and amend the
law relating to the prevention of corruption and matters connected therewith. The
long title was not considered a part of the statute in the olden days, and was
therefore not considered an aid while interpreting it. Recently, there has been a
change in court thinking and there are numerous occasions when assistance has
been taken from the long title to interpret certain provisions of the statute but only
to the extent of removing confusions and ambiguities. If the words in a statute are
unambiguous, the long title does not provide any help.

The Supreme Court, in M.P.V. Sundararamier & Co. v. State of A.P., considered
whether the impugned enactment was in the true sense a Validation Act. This
Court held that while the short title as well as the marginal note described the Act
as a Validation Act, that description was not answered by the substance of the
legislation.

In the case of Amarendra Kumar Mohapatra v. State of Orissa, the Court held that
the title of a statute determines the general scope of the legislation, but the true
nature of any such enactment must always be determined on the basis of its
substance, not on the basis of the label given to it.

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In Manoharlal v. State of Punjab, it was held that no doubt the long title of the Act
extracted by the appellant’s counsel indicates the main purposes of the enactment
but it cannot control the express operative provisions of the Act.

PREAMBLE

The preamble to a statute such as the long title is part of the Act, and is an
admissible construction aid. While not an enacting element, the preamble is
required to more comprehensively articulate the nature, object, and intent of the
Act than the long title. It will recite the basis and cause of creating the law, the
evils that have been sought to be remedied or the concerns that may be intended for
settlement. In the words of Sir John Nicholl: “It is more precisely in the preamble
that we must look for the purpose or meaning of each statute, rehearsing it as
normal, the evils sought to be remedied, or the doubts expected to be eliminated by
the law, and thus evidencing, in the best and most appropriate manner, the object
or aim of the Legislature to render or pass the legislation.

In the case of West Bengal v. Anwar Ali, the constitutionality of Section 5 of the
Special Courts Act of West Bengal, 1950 was challenged on the grounds of
violation of Article 14 of the Constitution, because the provision in the Act
authorizes the State Government to pick a specific case which deserves to be tried
by special courts having separate proceedings. The Supreme Court took advantage
of the preamble to the said Act and held that it was the right of the state
government to select such cases.

In Kesavananda Bharati v. State of Kerala, where the Apex Court strongly relied
on the Preamble to the Constitution of India in finding that the Parliament ‘s power
to amend the Constitution pursuant to Article 368 was not limitless and did not
allow Parliament to change the Basic Constitutional Structure.

In Kashi Prasad v. StateThe court held that even though the preamble cannot be
used to defeat the enacting clauses of a statute, it can be treated as a key for the
interpretation of the statute.

The preamble can, without question, be used to address any ambiguity or to correct
the meaning of terms that may have more than one meaning, but it cannot,
however, be used to delete the operative clause of a statute as unnecessary or
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unintended. A preamble retrospectively incorporated into an earlier Act is of little
aid in gathering the original Act’s meaning. Similarly, the repeal of a simpliciter
preamble does not appear to affect the structure of the Law.

HEADINGS

The opinion is now established that it is appropriate to refer to the Headings or

Titles prefixed to sections or groups of sections in the creation of a Legislature Act.
But on the issue of what weight should be applied to the headings there were
contrasting opinions expressed. According to one view, “a Heading” is to be
interpreted as giving the key to the interpretation of the clauses under it, unless the
language is inconsistent with such interpretation and the headings may be viewed
“as preambles to the provisions which follow.”

The Supreme Court recently stated as follows: ‘It is well known that headings
prefixed to sections or entries (of a tariff schedule) cannot govern the plain words
of the provisions; they cannot also be referred to for the purpose of making
provision where the words used in the provision are explicit and unambiguous; nor
can they be used to diminish the plain meaning of the provision. Only in the case
of uncertainty or confusion may the heading or subheading be referred to as an aid
in the construction of the provision, but it should not even be used in such a case to
minimize the broad application of the simple terms used in the provision.

MARGINAL NOTES

Marginal notes are those notes that are inserted in the Act alongside the sections
and reflect the effect of the parts. These are also regarded as side notes. Support
was often taken from the marginal notes in the olden days when the simple sense
of the acting was in question. But the court’s modern view is that marginal notes
do not play any part when reading a statute. The basis of this view is that the
marginal notes are not part of a statute since they are not added by the legislators,

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nor are they written in margin according to the legislature’s directives or authority.
The drafters insert these notes and they may be incorrect at times, too.

The legislature did not make marginal notes in the older statutes, and were thus not
part of the statute and could not be referred to for the purpose of creating the
statute. If the legislature also enacts them they can be referred to for interpretation
purposes. In the case of the Indian Constitution, the Constituent Assembly has
adopted the marginal notes and can, thus, be referred to for interpretation of the
Constitutional Articles. If the words used in the statute are plain and unambiguous,
then the marginal note cannot regulate the context, but the marginal note can be
referred to in the event of uncertainty or doubt.

It has been noted that it is well known that the marginal notes to parts of an act of
Parliament cannot be included in the building up of the law in Thakurain Balraj
Kanwar RAO Jagatpal Singh.

In P. Gupta v. President, the High Court held that the marginal note was necessary
if the specific provisions of the body of a law clearly showed that the building
would be inconsistent with the marginal note. If the provisions in the body of the
law are vague, the marginal note can be interpreted as construction assistance.

PROVISIO

A proviso has the proper purpose of accepting and dealing with a case which
would otherwise fall within the general language of the main statute and its
consequence is limited to that case. It is an example of the previous act that is too
commonly articulated to be specific. As a general rule, a proviso to qualify or
establish an exception to the provisions in the decree is inserted and a proviso is
not generally perceived as stating a general rule. A proviso would not usually go
beyond what is proviso. It is seeking an exception to the principal clause to which
it is a proviso and to no other rule. With the exception of something out of the
statute, the usual purpose of a law is to exempt something enacted therein which
would be within the purview of the statute except for the proviso.

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As stated in Mullins v. Treasury of Survey, when one sees a proviso to a section,
the normal presumption is that, but for the proviso, the section’s enacting portion
would have included the provisional subject-matter. A proviso has the proper
purpose of accepting and dealing with a case which would otherwise fall within the
general language of the main statute and its consequence is limited to that case. It
is a requirement of the preceding statute articulated in terms that are too general to
be sufficiently precise. As a general rule, a clause is applied to a statute in order to
allow or establish an exception to what is specified in the law, and a clause is not
usually viewed as a general rule.

SCHEDULES

Schedules annexed to the Act usually deal with how claims or privileges under the
Act are to be claimed or with the exercise of powers granted by the Act. Towards
the end of the act, the Schedules are appended. Sometimes, a schedule can include
certain subjects in the form of a list, as is the case with India’s Constitution,
allowing the Union and the states to legislate in their respective areas. Schedules
are parts of the Law itself, which may be reviewed by the courts to interpret the
law’s main component. Similarly, aid can often be taken from the main body of the
Act to figure out the true spirit of the Act when reading the timetables. Sometimes
a schedule can also include transitory provisions to allow a law to remain in effect
until the key provisions of the Act, such as the 1935 Government of India Act’s
Ninth Schedule, begin to function.

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.

Illustration
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Illustration are appended to a section of a statute with a view to illustrating the law
explained in the provision.
Such illustration manifest the intention of the legislature and can be referred in the
case of ambiguity or repugnancy.
However, the court emphasis through various judgments that it doesn't explain the
whole principle explain in the section through illustration nor does it curtail the
ambit of the section.
In the case of repugnancy between section and illustration, section will prevail.

Example- Section 378 of theft in PC has 16 illustrations attached to it.

Explanation
The 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.
The purpose of explanations are to explain the meaning and intention of act, to
clarify in case of obscurity or vagueness and to provide additional support to the
object of the act.
However, it doesn't expand or curtail the meaning of the provision but only tries to
remove uncertainty and in the case of conflict between explanation and main section,
the duty of the court is to harmonize the two.

Example- section 108 of PC defines the word abettor' which has five explanation
attach to it.

Definition or Interpretation clause

It define certain words used elsewhere in the body of statute with the purpose to
avoid the necessity of frequent repetitions in describing the subject matter and extend
the natural meaning of some words as per the statute. It also define intention of the
legislature in respect of words mention in statute and avoid confusion.

The rule of interpretation is that whenever the words means or means and include'
are used in definition, it makes the definition exhaustive and don't allow to interpret
the definition widely but if the word includes' is used in the definition it provide
widest interpretation possible to the definition or enlarge the ordinary meaning of
the word.

However, if the definition clause will result in an absurdity, the court will not apply
such definitions and the definition clause of one act can't be used to explain same
word used in another statute except in the case of statutes in pari materia.
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Mahalaxmi Oils Mils v. State of A.P [8], interpretation of word tobacco was in
question which said tobacco means any form of tobacco whether cured or uncured
or manufactured or not and includes leaf stalks and steams of tobacco plant. The SC
held that the definition is exhaustive and refused to include tobacco seeds under the
definition of tobacco.

Punctuation
Punctuation are put in the form of colon, semi colon, comma, full stop, dash, hyphen,
brackets etc
In earlier times statutes are passed without punctuations and therefore, the courts
were not concerned with looking at punctuations but in modern times statutes are
passed with punctuations.

The rule of interpretation is that while interpreting the provision in punctuated form,
if court feels repugnancy or ambiguity the court shall read the whole provision
without any punctuation and if the meaning is clear will so interpret it without
attaching any importance.

Saving Clause
Saving Clause are generally appended in cases of repeal and reenactment of a new
statute. It is inserted in the repealing statute.
By this the rights already created under repealed enactment are not disturbed nor are
new rights created by it.
In the case of clash between the main part of statute and a saving clause, the saving
clause has to be rejected.

Exception
Exception are generally added to an enactment with the purpose of exempting
something which would otherwise fall within the ambit of the main provision.
In case of repugnancy between exception and main enactment, the latter must be
relied upon. However, in many cases exceptions are relied being the last intention of
legislature.

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External aids to interpretation

External aids are the aids which are not available inside the statute but outside the
statute, the court may seek help to the external aids in case of repugnancy or
inconsistency in the statutory provision which are as follows:
Dictionaries
When a word used in the statute is not defined therein or if defined but the meaning
is unclear only in such situation, the court may refer to the dictionary meaning of the
statute to find out meaning of the word in ordinary sense.

The meaning of such words shall be interpreted so to make sure that it is speaking
about the particular statute because words bears different meaning in different
context.

The applicant argued that it is green vegetable and should be exempted from tax.
The dictionary meaning of vegetable said anything which derived or obtained from
the plants. The SC rejected dictionary meaning and held that in common parlance
vegetable is something which is grown in kitchen garden and used during lunch and
dinner and held that sugarcane is not vegetable.

Text Books
The court while construing an enactment, may refer to the standard textbooks to
clear the meaning. Although, the courts are not bound to accept such view.
The court time and again referred to mulla, kautiliya, manu, arthshastra.

Statement of objects and reasons

The statement of object and reasons are attached to the bill which describe the
objects, purpose and the reason for the bill. It also gives understanding of the
background, the antecedent state of affairs and the object the law seeks to achieve.

The parliament before passing a bill must take into consideration that what object a
bill serve to achieve.
However, it is not considered as conclusive aid to interpretation because doesn't
impart the true meaning to the statutory provision.
Constituent Debates/Speech

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It shall compromises all such debate which had taken place in the parliament at the
time of formation of Constitution of India.
In case of inconsistency or repugnancy in the Constitution the court can clearly refer
to such debates.

Legislative Debates/Speech
It is referred as to debates or speeches which are made in the course of passing a bill
in the parliament by the parliamentarians to put forth their view.
It is not considered as a conclusive aid to interpretation and is therefore, not
admissible because many times speeches are influenced by the political pressure or
maybe incorrect to rely upon.

Committee Reports
Before the framing of the Bill, usually the matter is referred to a committee to
consider it in detail and give its report thereon.
These reports of the commissions and committee have been referred to as evidence
of historical facts or of surrounding circumstances and used for interpreting the Act.
When there is an ambiguity in the meaning of a provision and the act was passed on
the recommendation of a committee report, aid can be taken from that report to
interpret the provision.

Foreign laws and decisions

Judges may refer to foreign laws and decision if the jurisprudence of both the
countries is same, similarity in political system and ideology, when there is no
domestic law on point and if the Indian court believe that decision passed by the
foreign court is not arbitrary.
However, the foreign courts or decision have only persuasive value as the courts in
India are not bound by the foreign courts.
Example: in Right to Privacy case, judges refer to foreign judgements.

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Bibliography
Google Inc.
Law Help BD
Latest Laws
Law Notes
CLAW
Text Book on IoS & GCA, 1897

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