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Unit 4 Ios

The document discusses various external aids that can be used to help interpret statutes, including: - Parliamentary history such as statements of objects and reasons and debates, which provide context around why a statute was enacted. - Historical facts and surrounding circumstances, which establish the context in which a statute was created. - Scientific inventions that occurred after a statute was made but relate to its provisions. - Other statutes that deal with similar topics, which can provide guidance. - Foreign decisions, which some courts have historically drawn from but are not binding. - Dictionaries and textbooks, which help define unclear words or concepts mentioned in statutes.

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Kanishka
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27 views4 pages

Unit 4 Ios

The document discusses various external aids that can be used to help interpret statutes, including: - Parliamentary history such as statements of objects and reasons and debates, which provide context around why a statute was enacted. - Historical facts and surrounding circumstances, which establish the context in which a statute was created. - Scientific inventions that occurred after a statute was made but relate to its provisions. - Other statutes that deal with similar topics, which can provide guidance. - Foreign decisions, which some courts have historically drawn from but are not binding. - Dictionaries and textbooks, which help define unclear words or concepts mentioned in statutes.

Uploaded by

Kanishka
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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INTERPRETATION OF STATUTES

UNIT-4 EXTERNAL AID TO CONSTITUTION

SYNOPSIS
 Introduction
 Parliamentary history
 Historical facts and surrounding circumstances
 Scientific inventions
 Other statutes
 Foreign Decisions
 Dictionaries and Textbooks

INTRODUCTION
External aids to interpreting statutes are sources of information and guidance utilised
by courts and legal professionals to understand the meaning and intent behind a
particular statute.
These aids are external to the statute’s text and provide supplementary context for its
interpretation.
External aids provide valuable assistance in the interpretation of statutes. They help
resolve uncertainties and fill gaps in the statutory text.
External Aids are taken into consideration when internal aids are unable to provide a
clear and correct insight into the statute. When we talk about external aids, of course
there is no limit because there is a plethora of legal literature that can be deliberated
upon when a statute is construed.
However, there are certain important aids that we consider as helpful when
interpreting a statute, and which come foremost.

PARLIAMENTARY HISTORY
Parliamentary history is another external aid to the interpretation of statutes and
comprises the original form of statutes presented before the legislature’s enactment.
The ministry responsible for introducing the bill would have justified its enactment,
known as the Statements of Objects and Reasons, which hold significant importance.
Additionally, Parliamentary History encompasses records of debates held in
Parliament, committee reports, resolutions passed by both houses and any
amendments made to the bill.
Previously, Parliamentary History did not serve as a tool for interpreting statutes. This
perspective originated from the traditional English legal system and was followed by
the Supreme Court of India. However, subsequent court cases led to a change in this
view, including Parliamentary History as an external aid to interpretation.
In the case of Indira Sawhney v. Union of India, the Supreme Court referred to a
speech by Dr B. R. Ambedkar in the Constituent Assembly while interpreting Article
16(4) of the Indian Constitution. The Court held that although Parliamentary debate is
not binding on the courts, it can be considered to understand the context, background
and legislative intent.

HISTORICAL FACTS AND SURROUNDINGS CIRCUMSTANCES


Historical facts play a crucial role in establishing the context in which a statute was
enacted, providing background information and aiding in interpretation. This external
aid to the interpretation is particularly significant when applying the Mischief Rule of
Interpretation, as outlined in the case of Heydon. The Mischief Rule seeks to address
four key points:
 The state of the law before the enactment of the statute in question.
 The earlier law failed to address the problem or issue (referred to as
“mischief”).
 The remedy provided by the statute in question.
 The rationale behind the remedy.
These points directly correspond to the historical facts surrounding the statute,
reflecting the circumstances in which it was enacted.
An example of the application of the mischief rule can be seen in the case of Bengal
Immunity Co. v. State of Bihar, which involved the interpretation of Article 286.
The court ruled that a state can impose sales tax only if all sale elements have a
territorial connection, preventing multiple states from imposing sales tax on the same
transaction.
Historical facts are basically the facts that lead to the evolution of the statute[8], so
they can be of aid to the judges in finding out the true nature of the statute, and hence
allow a speedy trial. Any ancient fact that participated in the development of the
statute would be of assistance when interpreting that statute.

SCIENTIFIC INVENTIONS
It may so happen that once a statute is brought into force, certain developments related
to the provisions of the statute may take place. In such a case, when the statute is
interpreted, regard must be given to those later developments, specially in the field of
science and technology, which is an ever-evolving field.
The contemporary society is not stationary; development in every sphere is taking
place at a rapid pace. Thus, these developments need to be taken into consideration
while statutes made to govern these developments are being construed.
In State v. J. S. Chawdhry, Section 45 of the Indian Evidence Act, 1872, was in
question. The section mentions only handwriting experts and not typewriting experts
since typewriters were invented much later, while in the instant case the party on
behalf of the state wanted to use the opinion of typewriting experts. The Supreme
Court had earlier stated that the opinions of typewriting experts could not be used[10],
but in the instant case, the Supreme Court ruled in opposition to its own view and held
such opinion as admissible.

OTHER STATUTES
If a statute in itself is not clear of what representation it offers, then other statutes in
pari materia, i.e. dealing with the same or similar subject can be considered. Such
statutes are not exactly the same, but they deal with the same topics, or deal with
different topics of the same subject matter.
These statutes are enacted at different times and under different circumstances, but
they correspond to each other.
In State of Madras v. A. Vaidyanath Iyer, an income-tax officer was accused of
taking bribe. The trial court sentenced the accused to 6 months of rigorous
imprisonment, but when the appeal went to the High Court, it set him free on the basis
that the accused may have simply borrowed money instead of accepting it as a bribe.
The Supreme Court, while dealing with Section 4 of the Prevention of Corruption Act,
1947, stated that if there is proof that the accused has accepted gratification in any
form other than legal remuneration, then it will be presumed that such gratification
was accepted as a bribe, unless the contrary is proved.
This has to be held as pari materia to the Indian Evidence Act, 1872, and the words
‘shall presume’ in the Evidence Act correspond to the words ‘it shall be presumed’ in
the Prevention of Corruption Act. Thus, the Supreme Court reverted the decision of
the High Court and held the accused guilty.

FOREIGN DECISIONS
Before independence, it was common practice for Indian courts to take recourse to
English judgements while deciding a case on a peculiar matter.
The obvious reason behind this was that the Indian legal system has its origins in the
English legal system, and many of the laws of both the countries, England and India,
are same.
But after the Constitution of India was enacted, the Supreme Court of India heavily
relied on American judgements.
However, Indian courts are not bound by the decisions of foreign courts, and the
decisions are only persuasive in nature.
In M. V. Elisabeth v. Harwan Investment and Trading Pvt. Ltd., the Supreme
Court took a differed opinion against the English courts while interpreting the words
‘damage caused by a ship’ under Section 443 of the Merchant Shipping Act, 1958.
The court included within its meaning not only physical damage but also damage
caused to the cargo in the ship.

DICTIONARIES AND TEXTBOOKS


There are a number of words which are not used in common parlance, and hence their
meaning is not as clear as other words of common usage. In such a case, often the
context in which the word is used is understood.
But when this also fails, then the courts may resort to the dictionary meaning of the
words, and derive their ordinary meaning. Due importance must be given to the
context of the provision, because one word can have several meanings in several
contexts.
In Motipur Zamnidary Co. Pvt. Ltd. v. State of Bihar, the question was whether
sales tax could be levied upon sugarcane. The appellant argued that since sugarcane is
a green vegetable, it should be exempted from tax, and stated the dictionary meaning
of ‘vegetable’ as something which is derived from plants.
The Supreme Court rejected this contention and held that under common usage, a
vegetable is something that is grown in a kitchen garden and is used to consume
during lunch or dinner. It further held that sugarcane was not a vegetable, and was
thus, liable to sales tax.
Textbooks are also an abundant source when courts seek to interpret statutes. In
Kesavananda Bharati’s case, the Supreme Court relied upon a number of textbooks
on legal subjects, written by eminent lawyers and authors. Textbooks present the
subject matter in an explanatory form, and it becomes easier and relevant to consider
textbooks over questions of interpretation. However, they also carry only persuasive
value and the courts are not bound to follow any particular book or author.

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