1. What do you understand by 'Repeal' of a statute ?

Repeal of statute notes repeal of statutes meaning repeal means to revoke, abrogate or cancel
particularly statute.
Repeal of law is the removal or reversal of a law; it can be done explicitly or implicitly
A repealing statute is a law that cancels out an earlier law.

2. What is the main crux of the principle of 'Mischief Rule’ of interpretation of

statutes?

The rule aims to uncover the reason and objective behind a statue's creation. Its purpose is to
aid judges in determining the "mischief" or issue that the legislation was meant to solve and
understand the statute in a manner that meets the legislative intent.

3. What is the meaning of 'schedules' in the statutes? What is their role in the
statutory interpretation?

Schedules are included at the end of statutes and provide additional details, prescribe forms
and contain subjects in lists. In case of a conflict between the schedule and the main body of
an act, the main body prevails. So, Schedules help in internal aid to interpretation.
Schedules in statutes provide supplementary information, details, or lists that support the
main provisions of the law. They are legally binding and help clarify and interpret the statute
by offering specific details without cluttering the main text.

4. Briefly express what is the meaning of 'internal and external aids' in

constructing the statutes.

Aid' is a device that helps or assists. While performing the function of interpreting provision
the function of interpreting provision of a statute, the court can take help from within the
statute or even outside the statute. The former is called 'internal aids and the latter is called
'external aids.

External Aids may be parliamentary material, historical background, reports of a committee

or a commission, official statement, dictionary meanings, foreign decisions, etc. “Internal
aids” mean those aids which are available in the statute itself. Each and every part of an
enactment helps in interpretation.

5. What is the meaning of 'Mens Rea'? Is it applicable to the offences under the
Indian Penal Code?
Mens rea means a guilty or evil intention. It is a technical term, generally taken to mean some
blameworthy mental condition, the absence of which on any particular occasion negatives the
condition of crime. It is one of the essential ingredients of criminal liability.

Mens Rea refers to the “guilty mind” or the intent behind committing a crime. Yes, it is
applicable to most offences under the Indian Penal Code, as intent or knowledge is required
to establish criminal liability.

6. What do you mean by 'sub-delegation"? When is it valid?

sub-delegation refers to the process by which a person or entity that has been granted
administrative powers or authority by a higher authority further delegates some or all of those
powers to another person or entity.

Sub-delegation is when an authority, who has been given delegated powers, further delegates
those powers to another person. It is valid only if the statute expressly permits it or if it is
implied by the nature of the task.

7. What is the meaning of the rule of. 'Ejusdem Generis'?

The rule of Ejusdem Generis means “of the same kind or nature.” It is applied in statutory
interpretation when general words follow a list of specific items, limiting the general words
to things of the same type as the specific items mentioned.

'Ejusdem Generis' is a Latin term and the meaning of it is "of the same kind and nature".

The principle of ejusdem generis is a legal principle that states that when a list of specific
items is followed by general words, the general words are interpreted to include only items of
the same type as those specifically listed.

8. Explain how 'Legislative Debates' are important in the interpretation of statutes.

Legislative debates are important in the interpretation of statutes as they provide insight into
the intent of lawmakers when drafting the law. Courts may refer to these debates (known as
parliamentary debates or Hansard) to understand the context, purpose, and objectives behind
a statute, especially when the language of the statute is ambiguous or unclear. Although not
always conclusive, legislative debates help clarify the meaning of certain provisions by
revealing the issues discussed and the rationale for particular legislative choices.

Court generally give the plain and ordinary meaning of the statutes, unless the statute is
confusing or that meaning would lead to a wrong result. Sometimes courts may consider the
legislative history of a statute like committee reports and debates to help to understand the
statute's meaning.

9. What do you mean by "strict construction"?

“Strict construction” in the interpretation of statutes means interpreting the legal text in a
narrow, literal sense, focusing only on the explicit words used without extending their
meaning. This approach is often applied in penal and taxing statutes, where the courts ensure
that the law is not expanded beyond its clear terms to avoid imposing unjust penalties or
burdens.

10. What is the presumption about the territorial operation of a statute?

The presumption is that a law made by a legislature is operative only within the territorial
limits of the legislature. Thus if the statutes reads, “Any person…”it cannot be interpreted to
mean any person in any corner of the world, but to any person who is subject to the
jurisdiction of the legislature. The presumption is that a statute operates only within the
territorial boundaries of the enacting legislature, unless the law expressly states otherwise.
Laws are generally assumed not to have extraterritorial effect.

11. Define Immovable Property' as defined in The General Clauses Act 1897

According to Section 3(26) of the General Clauses Act, 1897, immovable property includes
land, benefits arising out of land, and things attached to the earth, but does not include
standing timber, growing crops, or grass.

12. What is Doctrine Pith and Substance?

The Doctrine of Pith and Substance states that if the substance of legislation falls within a
legislature's lawful power, the legislation does not become unconstitutional just because it
impacts an issue beyond its area of authority.

The Doctrine of Pith and Substance allows courts to determine the true nature or essence of a
law, focusing on its main purpose rather than its incidental effects, especially when resolving
conflicts between legislative powers under different jurisdictions (e.g., state and central
laws).

13. Define - Interpretation of Statutes.

Interpretation of Statutes is the process by which courts determine the meaning and intent of
the words in a statute, ensuring that laws are applied correctly and in line with the
legislature’s purpose. Interpretation of statute is the process of ascertaining the true meaning
of the words used in a statute. When the language of the statute is clear, there is no need for
the rules of interpretation. But, in certain cases, more than one meaning may be derived from
the same word or sentence.

14. Define ‘Son' as Defined in The General Clauses Act 1897

According to Section 3(57) of the General Clauses Act, 1897, “son” includes an adopted son,
as recognized by any law in force at the time.

15. What is Causus Omissus

Casus Omissus, literally means case omitted. It is basically a situation not provided for by a
statute or contract and therefore governed by caselaw or new-judge made law.

Casus omissus means a situation that is not covered by a law or contract. This means that
there is no rule or guidance for what should happen in this situation. When this happens,
judges may have to make a new law to deal with the situation.

16. Explain the Doctrine of Eclipse

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.

17. Explain the Rule of Noscitur a Sociis

'noscitur a sociis' means that when two or more words which are capable of analogous
meaning are coupled together, they take their colour from each other

The rule of Noscitur a Sociis means “a word is known by the company it keeps.” In statutory
interpretation, it suggests that the meaning of a word or phrase should be understood in the
context of surrounding words or phrases in the same statute. This helps clarify ambiguous
terms by relating them to other terms within the same provision, ensuring a coherent
understanding of the law.

18. Define "Coming into operation of an Act" as Defined in The General Clauses
Act 1897

According to Section 3(8) of the General Clauses Act, 1897, “coming into operation of an
Act” refers to the point in time when the Act takes effect and begins to be enforceable, which
can be specified in the Act itself or determined by notification in the Official Gazette. If no
specific date is mentioned, it is assumed to come into operation immediately after its
enactment.

19. Explain the Role of the Shört Title as Internal Aid of Statutory Interpretation.

The short title of a statute serves as an internal aid in statutory interpretation by providing a
concise summary of the law’s subject matter. It helps in identifying the purpose and context
of the legislation, guiding courts and interpreters in understanding the statute’s scope. While
not definitive for interpreting the law, the short title can offer valuable insights into the
legislative intent and facilitate a clearer understanding of the provisions within the statute.

20. What is Sententia Legis

“Sententia Legis” i.e., true intention of legislature. Intention of the legislature always serves
as reference to the meaning of words used by the legislature which are objectively
determined. It refers to the understanding that when interpreting laws, the primary goal is to
uncover the intent behind the words written by lawmakers.

21. Define 'Good Faith’ as Defined in The General Clauses Act 1897

According to Section 3(22) of the General Clauses Act, 1897, “good faith” means an
intention to act honestly, without any intention to deceive or defraud, and includes a case
where the person acts honestly but without reasonable care.
 22. Define' Father' as defined in The General Clauses Act 1897

According to Section 3(27) of the General Clauses Act, 1897, “father” includes a step-father.

23. Explain ' Delegatus non potest delegare'

“Delegatus non potest delegare“ is a Latin legal maxim that translates to “a delegate cannot
delegate.” 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.

24. What is Vessel As Defined in The General Clauses Act 1897

According to Section 3(55) of the General Clauses Act, 1897, a “vessel” includes any ship or
boat or other floating craft.

25. State and explain the rule of Literal Construction

The rule of literal construction interprets the words of a statute in their plain, ordinary
meaning, without considering external factors or legislative intent. It aims to apply the law as
it is written, ensuring clarity and predictability in legal interpretation.

26. Explain the importance of Historical Background as an aid to Interpretation

Court while interpreting a statutory provision, can take into account relevant historical facts
or history of enactment in order to understand the subject matter of statute.

27. Name any three Internal Aids to Statutory Interpretation

Internal aids to interpretation of statutes include examining titles, preambles, headings,

illustrations, explanations or definition clauses; internal aids offer insights into the context,
scope and application of statutory provisions.

28. What is the Purpose of Interpretation of Statutes

The purpose of the interpretation of statutes is to ascertain and clarify the meaning and intent
of the legislative text, ensuring that laws are applied correctly and effectively. It helps resolve
ambiguities, fills gaps, and ensures justice by aligning the application of the law with the
legislature’s objectives and societal needs.

29. What is the doctrine of the occupied field?

It essentially means that if a particular subject matter or field is exclusively occupied by

legislation at one level of government, i.e., either central or state, then the other level of
government cannot legislate on the same subject matter. This doctrine helps avoid conflicts
and overlaps in legislative authority.

30. What is the importance of marginal notes and punctuation in interpretation

Marginal notes can be called in aid only when language suffers from ambiguity and more
than one construction is possible. Marginal notes cannot control the plain meaning of words
of the enactment. Marginal notes can be used for interpretation of that section only to which
they are appended.

31. What is the Penal Statute? How is it Interpreted ?

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. Penal statutes are interpreted strictly, meaning the language must be clear
and unambiguous, with any ambiguity resolved in favour of the accused. Courts focus on the
exact wording and legislative intent to ensure that no one is punished under unclear laws.

32. Explain the term person according to the General Clause Act?

According to Section 3(42) of the General Clauses Act, 1897, the term “person” includes any
company, association, or body of individuals, whether incorporated or not. This broad
definition encompasses not only natural persons (individual human beings) but also legal
entities, allowing the law to apply to a variety of organisational forms.

33. What is disabling Statute?

A disabling statute is a law that limits or takes away certain rights. It can be passed by any
lawmaking body, like a legislature or court. For example, a law that says people with a
certain medical condition cannot drive would be a disabling statute.

34. Explain the term movable property under the General Clause Act?

Section 3 (36) of the General Clauses Act defines movable property as: 'Movable property
shall mean property of every description, except immovable property."

35. Explain the term Year and vessel under the General Clause Act?

Year

According to Section 3(50) of the General Clauses Act, 1897, the term “year” refers to a
period of twelve months, unless the context indicates otherwise. This standard definition is
used to calculate durations and time periods within legal provisions.

Vessel

As defined in Section 3(55) of the General Clauses Act, 1897, a “vessel” includes any ship,
boat, or other floating craft. This definition encompasses a wide range of watercraft used for
navigation, transport, and other purposes, ensuring that legal provisions apply to various
types of vessels.

36. Define 'Good Faith 'As Defined in The General Clauses Act 1897

According to Section 3(22) of the General Clauses Act, 1897, “good faith” means an
intention to act honestly, without any intention to deceive or defraud, and it also includes
cases where a person acts honestly but without reasonable care.

37. State with authority whether the General Clauses Act, 1897 applies for the
interpretation of the Constitution.

the General Clauses Act, 1897 applies for the interpretation of the Constitution, as established
by Article 367 of the Constitution, which allows for the application of definitions and
provisions from the Act when interpreting constitutional terms. This ensures consistency in
legal interpretation across various laws and the Constitution.

38. What do you understand by Generalis Specialibus non derogant?

Generalis specialibus non derogant is a Latin maxim meaning “general things do not derogate
from special things.” In legal interpretation, this principle asserts that a general law does not
override or invalidate a specific law. When a general provision and a specific provision exist
in the same legal context, the specific provision prevails over the general one, as it is intended
to address a particular situation.

39. What is 'travaux préparatoires?

Travaux préparatoires refers to the official documents and records generated during the
drafting process of a legal text, such as treaties, statutes, or regulations. This includes the
minutes of meetings, drafts, reports, and discussions among lawmakers or negotiators.

In legal interpretation, travaux préparatoires are used as a supplementary source to

understand the intent of the drafters and the context in which the legal text was created,
especially when the language of the text is ambiguous or unclear.

40. What does the expression 'intention of the legislature' mean?

The expression “intention of the legislature” refers to the purpose and goals that the
lawmakers had in mind when drafting and enacting a statute. It encompasses the objectives
they aimed to achieve, the problems they sought to address, and the meanings they intended
to convey through the language of the law. In statutory interpretation, courts often strive to
discern this intention to ensure that the law is applied in a manner consistent with the
legislature’s aims, especially in cases where the text may be ambiguous or unclear.

41. State the doctrine of prospective overruling with a case law

The doctrine of prospective overruling is a judicial principle that allows a court to apply a
new legal ruling or interpretation only to future cases rather than retroactively affecting past
decisions. This doctrine helps maintain stability in the law and protects the reliance interests
of parties who acted based on the previous legal understanding.

Case Law:

In the landmark case of Keshavananda Bharati v. State of Kerala (1973), the Supreme Court
of India established this doctrine. The court ruled that while it could strike down
constitutional amendments that violated the basic structure of the Constitution, the new
interpretation would apply only prospectively, allowing previously valid amendments to
remain in effect. This approach prevented disruption to existing rights and legal relationships
while still recognizing the need for constitutional integrity.

42. What is ‘financial year’ according to the General Clauses Act?

According to Section 3(17) of the General Clauses Act, 1897, the term “financial year” refers
to the year commencing on the 1st day of April and ending on the 31st day of March of the
following year. This definition is used for various financial and accounting purposes,
including budgeting and taxation.

43. What are internal aids?

Internal aids mean those materials which are available in the statute itself, though they may
not be part of enactment. These internal aids include, long title, preamble, headings, marginal
notes, illustrations, punctuation, proviso, schedule, transitory provisions, etc.

44. What is the secondary rule of interpretation

The secondary rule of interpretation refers to methods used by courts to clarify the meaning
of a statute when the primary rule of literal interpretation leads to ambiguity or confusion.
These secondary rules include various principles such as:

1. Ejusdem Generis: Words of a general nature that follow specific words are
interpreted to include only things of the same kind.
2. Noscitur a Sociis: A word is understood by the company it keeps; its meaning
is clarified by the context of surrounding words.
3. Rule of Purpose: Courts may interpret a statute based on the intent or purpose
behind its enactment, looking at legislative history and objectives.
4. Contemporanea Expositio: Interpretation of a statute is influenced by how it
has been understood and applied at the time it was enacted.

45. What do you mean by presumption against intending injustice?

The presumption against intending injustice means that courts assume lawmakers did not
intend to create unfair or unjust outcomes when drafting a statute. This principle guides
interpretation, encouraging a reading that upholds fairness and justice in applying the law.
 46. State and explain the strict rule of construction

Strict construction occurs when ambiguous language is given its exact and technical meaning,
and no other equitable considerations or reasonable implications are made. It involves narrow
interpretation of a statute, clause or other legal writing.

The strict rule of construction interprets legal texts literally, focusing solely on the exact
wording without inferring additional meanings. This approach is often applied in penal
statutes, ensuring that individuals are not punished for actions that are not clearly defined as
offenses. It emphasizes clarity and precision, requiring that any ambiguity be resolved in
favor of the accused.

47. What is the primary rule of Interpretation of statutes

The Primary Rule of. Interpretation of Statutes is called "Literal Interpretation" or "Literal
Construction". It is also. known as "Plain Rule of interpretation".

The primary rule of interpretation of statutes is the literal rule, which requires that the words
of a statute be understood in their ordinary and plain meaning, ensuring that the law is
applied as it is written. This approach prioritizes the text of the law over external factors or
legislative intent.

48. What is an 'Act' as per General Clauses Act,1897,

According to Section 3(1) of the General Clauses Act, 1897, an “Act” refers to any law
passed by the Parliament or any legislative authority in India, which includes laws enacted by
state legislatures and local bodies, as well as amendments to those laws.

49. State the important `Preamble In Interpretation Of Statutes.

The preamble of a statute serves as an introductory statement that outlines the law’s purpose
and objectives, providing context for interpretation. It helps courts understand the intent of
the legislature and can guide the application of the law, especially in cases of ambiguity.

50. Explain the term `Affidavit asper General clauses Act,1897.

The term “affidavit” is defined in Section 3(1) of the General Clauses Act, 1897, as a written
statement confirmed by the oath or affirmation of the person making it, declared before a
person authorized to administer oaths. It is often used as evidence in legal proceedings,
affirming the truth of the statements contained within it.

51. What is a 'Codifying Statute.'?

Codifying Statutes. A statute that presents an orderly and authoritative statement of the most
important legal principles relating to a specific topic is known as a codifying statute. Thus,
the codifying statute fully expresses all applicable legal requirements for a specific topic.

52. Explain the importance of legislative debates

Legislative debates are important as they provide insight into the intent and purpose behind a
statute, helping to clarify the legislative intent during interpretation. They serve as a valuable
resource for courts when faced with ambiguous language, ensuring that laws are applied in
line with the objectives of the lawmakers. Additionally, they reflect the discussions and
considerations that shaped the law, contributing to a more informed understanding of its
application.

53. What is an 'Imprisonment’ as per General Clauses Act

According to Section 3(28) of the General Clauses Act, 1897, “imprisonment” refers to the
confinement of a person in a prison or a correctional facility under a lawful order, typically as
a punishment for a crime or offense. It encompasses various forms of detention, including
both rigorous (hard labor) and simple imprisonment.

54. Give 3 external aids to Interpretation.

1. Legislative History: Records of debates, committee reports, and proceedings

that provide context and insight into the intent of the lawmakers.
2. Precedent: Previous judicial decisions that can guide the interpretation of
similar statutes or legal principles.
3. Commentaries and Textbooks: Scholarly writings that analyse and explain the
law, offering interpretations by legal experts.
4. International Treaties and Conventions: Agreements that may influence the
interpretation of domestic laws, especially in areas like human rights and trade.
5. Dictionaries: Legal and general dictionaries that provide definitions and
meanings of terms used in statutes.
 55. What is 'Taxing 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, sales tax, gift tax etc. A tax is imposed for
public purpose raising general revenue of the state

56. State how to construe a 'Penal Act.'

To construe a penal act, the language must be interpreted strictly, ensuring that no one is
punished for conduct not clearly defined as an offense. Any ambiguity should be resolved in
favor of the accused, protecting individual rights under the law.

57. Explain the term Official Gazette' under General Clauses Act 1897.

According to Section 3(24) of the General Clauses Act, 1897, the term “Official Gazette”
refers to the official publication of the Government, which is used to notify the public about
government decisions, laws, and other official information. It serves as a medium for
publishing notifications, amendments, and statutory regulations, ensuring transparency and
public awareness of government actions.

58. Explain the 'Doctrine of Prospective overruling'.

The doctrine of Prospective Overruling originated in the American Judicial System. It

dictates that 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. This doctrine was first invoked
in India in the case of Golak Nath v. the State of Punjab by Chief justice Kokka Subba Rao.

59. What do you mear by 'Express Repeal'?

In the case of express repeal, the statute expressly mentions that an earlier law will no longer
be applicable, and thus would be inoperative. The Legislature doesn't need to use any
particular words or phrases, but it must make its intention to repeal the statute in question
clear.

60. What do you mean by 'Headings' in a statute ? What is its significance it

statutory interpretation ?
Headings in a statute are titles or labels assigned to sections or chapters that summarize the
content or subject matter of those provisions. Their significance in statutory interpretation lies
in providing context and guidance for understanding the law, helping to clarify the intent of
the legislature and aiding in resolving ambiguities in the text.

61. What is the meaning of 'Remedial' or 'welfare' statutes

Remedial or welfare statutes are laws enacted to provide assistance, support, or protection to
individuals or groups in need, often addressing social issues, promoting public welfare, or
correcting injustices. These statutes aim to enhance the well-being of citizens and may
include provisions for social security, labor rights, consumer protection, and public health,
reflecting a legislative intent to improve societal conditions.

62. What is understood by the term 'Absurdity"?

The term “absurdity” in legal interpretation refers to a situation where the literal application
of a statute leads to results that are irrational, illogical, or completely contrary to the intended
purpose of the law. Courts often avoid such interpretations to uphold the spirit of the law and
ensure that its application aligns with common sense and societal norms.

63. Explain the rule about 'Anomaly'.

The rule about anomaly in statutory interpretation addresses situations where the application
of a statute leads to inconsistencies or contradictions within the law, creating a scenario that is
unreasonable or unjust.

Explanation:
1. Purpose: Courts seek to avoid interpretations that result in anomalies, as these
can undermine the coherence and effectiveness of the legal system.
2. Resolving Anomalies: When faced with such contradictions, judges may look
beyond the literal wording of the statute to understand the legislative intent and may interpret
the law in a way that resolves the anomaly, ensuring the law functions as intended.

64. What is the meaning of 'Proviso"?

A proviso is a conditional clause or stipulation within a statute or legal document that

specifies exceptions, qualifications, or conditions under which certain provisions of the law
apply. It is typically introduced by the word “provided that” or similar phrases and serves to
limit the scope of the preceding provisions, clarifying specific situations or circumstances
that must be met for the main provisions to take effect.

65. What is an 'Enabling statute’

The statute which officially allows what was previously forbidden or introduces new powers
is called Enabling Statute.

An enabling statute is a law that grants authority or power to a government agency,

organization, or individual to take specific actions or carry out particular functions. It
provides the legal framework necessary for the implementation of policies, the establishment
of regulatory bodies, or the execution of programs, often defining the scope, limits, and
procedures of the granted powers. Enabling statutes are essential for empowering entities to
act in accordance with legislative intent.