UNIT – I: INTRODUCTION

MEANING OF INTERPRETATION

The term interpretation is taken from the Latin term “Interpretari” which means

 to explain
 to expound
 to understand or
 to translate

Interpretation of any word generally means to analyse the available word and
come out with an opinion which is certain and clear. This increases the ability of
an individual to understand and explain it in his own way.

Interpretation is a process through which one arrives at the true and correct
intention of the law-making body which is laid down in the form of statutes.

Interpretation of statutes is the correct understanding of the law. This process is

commonly adopted by the courts for determining 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.

Interpretation means the art of finding out the true sense of an enactment by
giving the words of the enactment their natural and ordinary meaning. It is the
process of ascertaining the true meaning of the words used in a statute.

The Court is not expected to interpret arbitrarily and therefore there have been
certain principles which have evolved out of the continuous exercise by the
Courts. These principles are sometimes called 'rules of interpretation.

There are many rules of interpretation that can be used by the judiciary to clarify
the law. Normally when the law shows any conflict, the judiciary tries to interpret
the law by the literal meaning of the term. But sometimes it happens that the
interpretation of statute by literal meaning is not sufficient to know the true
intention of the legislature. So, to know the true intention of the legislature the
judiciary uses other methods for the interpretation of that specific statute.

Salmond - Interpretation & construction is the process by which the court seek
to ascertain the meaning of the legislature through the medium of authoritative
forms in which the law is expressed. [Authoritative form means the application
of the rules of interpretation to find the real intention of the legislature].

Construction

In simple words, construction is the process of drawing conclusions of the

subjects which are beyond the direct expression of the text (law).

Construction 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. – 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 i.e., the sense which the author intended to convey. On the other
hand, construction is the process of drawing conclusions of the subjects which
are beyond the direct expression of the text.

Object of interpretation

 When the language of the statute is clear, there is no need for the rules of
interpretation.
 But, in certain cases, if more than one meaning of a same word / sentence
may be derived, then it is therefore, necessary to interpret the statute to find
out the real intention of the statute.
  To determine the intention of the legislature conveyed expressly or
impliedly in the language used.

In the process of interpretation, several aids are used. They may be statutory or
non-statutory:

 Statutory Aids may be illustrated by the General Clauses Act, 1897 and
by specific definitions contained in individual Acts.
 Non-statutory Aids are illustrated by common law rules of interpretation
and also by case-laws relating to the interpretation of statutes.

Interpretation of Statutes is required for two basic reasons:

 Legislative Language – Legislative language may be complicated for a

layman, and hence may require interpretation; and
 Legislative Intent – The intention of the legislature consists of 2 aspects:
o Concept of ‘meaning’, i.e., what the word means; and
o Concept of ‘purpose’ and ‘object’ or the ‘reason’ or ‘spirit’ pervading
through the statute.

Principles of interpretation

 The Statute must be read as a whole while interpreting any specific law of
the statute.
 The intention of the framers of the legislation should be kept in mind while
doing the process of interpretation.
 Interpretation should be such as to make the Statute meaningful, effective
and workable.
 If the meaning of the word is clear and unambiguous, the effect must be
given irrespective of its consequences.
  If the statutory provision is ambiguous and capable of various
constructions, then that construction must be adopted which will give
meaning and effect to the other provisions of the enactment
 The process of construction should be literal as well as purposive i.e., one
should shift from literal meaning if it leads to absurdity.

Nature and Scope

Necessity of interpretation would arise only where the language of a statutory

provision is

 ambiguous,
 not clear or
 where two views are possible or
 where the provision gives a different meaning defeating the object of the
statute.

If the language is clear and unambiguous, no need of interpretation would arise.

Case: R.S. Nayak vs. AR Antulay, 1984: The SC held that if the words of the
Statute are clear and unambiguous, it is the duty of the Court to give effect to the
natural meaning of the words used in the provision. The question of construction
arises only in the event of an ambiguity or when the plain meaning of the words
used in the Statute would be self-defeating.”

Case: Grasim Industries Ltd. vs. Collector of Customs, Bombay, 2002: The SC
observed that “Where the words are clear and there is no obscurity, and there is
no ambiguity and the intention of the legislature is clearly conveyed, there is no
scope for the Court to take upon itself the task of amending or altering the
statutory provisions.”

Thus, the purpose of IOS is to help the Judge to ascertain the intention of the
Legislature – not to control that intention or to confine it within the limits.
 NEED FOR INTERPRETATION

 Clarifying legislative intent:

Statutes are enacted to address specific issues or regulate certain aspects of

society. However, the language used in statute may not always be clear or explicit.
Interpretation helps to find out the legislative intent behind the statute, its purpose
and objectives that lawmakers sought to achieve.

 Ambiguity of the words used in the statute.

Sometimes there will be words that have more than one meaning. And it may not
be clear which meaning has to be used. There could be multiple interpretations
made out of it.

 Change in the environment.

We all know that society changes from time to time and there may be new
developments happening in a society that is not taken into consideration, this
lacks the predictability of the future event.

Statutes are enacted to address various social, economic, and legal issues.
However, the circumstances surrounding these issues can change over time.
Therefore, the interpretation of statutes allows the law to adapt and be applied
appropriately to the current context.

 Complexities of the statutes.

Usually statutes are complex and huge, it contains complicated words, jargon and
some technical terms which are not easy to understand and this complexity may
lead to confusion.

 When legislation doesn’t cover a specific area.

Every time when legislations are out it doesn’t cover all the area, and it leaves
some grey areas and interpretation helps in bridging the gaps between them.
  Drafting error.

The draft may be made without sufficient knowledge of the subject. It may also
happen due to the lack of necessary words and correct grammar. This makes the
draft unclear and creates ambiguity in the legislature and many times bills are
passed without discussion, shifting the burden of interpretation on courts.

 Incomplete rules.

There are few implied rules and regulations and some implied powers and
privileges which are not mentioned in the statute and when these are not defined
properly in the statute this leads to ambiguity.

 Harmonizing Laws.

In some cases, different statutes may overlap or conflict with each other.
Interpretation helps reconcile these conflicts, ensuring consistency and harmony
in the legal framework.

 Protecting Fundamental Rights.

Statutes should be interpreted in a manner that respects and upholds fundamental

rights and constitutional provisions. Interpretation plays a crucial role in ensuring
that statutes do not infringe upon rights guaranteed by the constitution.

Overall, the interpretation of statutes is necessary to provide clarity, consistency,

and fairness in the application of laws. It ensures that statutes are not interpreted
in isolation but in light of their purpose, intent, and the evolving needs of society.

ACT

Once the Bill has been passed by the legislature, it is sent to the President or the
Governor in case of Central law or State law respectively for the approval. After
receiving the Presidential assent, it becomes an Act.

 Acts are provisions enacted by a legislative body or the govt. for the people.
  An Act is a decree that is passed by the respective legislature, such as the
State Legislative Assembly or the Parliament of India.
 An Act makes people aware about the rules and regulations which they
have to adhere to, if they want to take any action w.r.t the domain, to which
the Act is related.
 An act indicates the procedure and method of enforcement of law.
 An Act is employed in specific situations which means it establish rules &
regulations in specified domains. For ex: Indian Companies Act which
regulates the formation and functioning of companies in India.

ENACTMENT

The term enactment may refer to the whole or part of a piece of legislation.

Case: Wakefield Light Railways Company vs. Wakefield Corporation: The word
"enactment" does not mean the same thing as "Act." "Act" means the whole Act,
whereas a section or part of a section in an Act may be an enactment.

An enactment refers to the process of making a law or legislation official. It is the

formal act of passing a bill into law by a legislative body, such as a parliament.

Enactment typically involves several stages, including the introduction of a bill,

its discussion and debate, potential amendments, voting, and ultimately its
approval or rejection.

Enactments can cover a wide range of topics, including constitutional matters,

criminal and civil laws, regulations, and policies.

They play a crucial role in shaping and governing societies by establishing legal
frameworks and guidelines for various aspects of public and private life.

ORDINANCES

Ordinances are laws that are enforced by the president of India only when the
Indian parliament is not in session.
Ordinance is a temporary law that is circulated by the President on the
recommendation of the Union Cabinet.

For example: The Motor Vehicle (Amendment) Ordinance, 2015.

At times, when the Parliament is not in session and there is a need to make a
legislation (Act) in emergency, then, in such cases, the government refers a
proposal to the President or Governor, and if they approve them, it becomes an
Ordinance.

Article 123 of Indian Constitution gives the President “Ordinance making power”
whereas Article 213 of Indian Constitution gives the Governor “Ordinance
making power”. These are valid for a period of six months.

The ordinances have same force & effect as that of an Act of Parliament. But
these are temporary in nature.

Every ordinance issued by the president at the time when Parliament is not in
session must be laid before both the Houses of Parliament when it reassembles,
if the ordinance is then approved by both the houses, it becomes an act.

RULES

When any Act is introduced and passed, it is not mandatory that it is a complete
code in itself. So, there is a requirement for the enactment of rules for defining
the procedures of performing and implementation of the Act. In short, rules
provide procedural laws.

Rules are necessary because it is very complex for the legislation to include each
and every detail in a single Act making it lengthy. Hence, a separate set of rules
are made, in compliance with the provisions of the Act.

Rules are secondary to their parent act. Therefore, the rules cannot go beyond the
parent Act and in case if any conflict arises between the provisions of an Act and
rules, then the provisions of the Act will prevail.
For Example: The Industrial Employment (Standing Orders) Act, 1946 gives
powers to the appropriate Government to make rules to carry out the purposes of
this Act. Thus, The Industrial Employment (Standing Orders) Central Rules, 1946
were drafted by the Centre to ensure that the Act is properly enforced.

So, at the central level, when an act is created by parliament, it is the central
government which is empowered to make rules for that Act. And, if a state
legislative assembly creates any act, then the state government is empowered to
frame rules for that Act.

So, the Rules are the prescribed guidelines for the proper conduct and can be
adjusted accordingly.

REGULATIONS

Rules and regulations are quite similar. However, regulations are more rigid than
rules.

Regulations are made through delegated legislation. It is when the executive

authority is given powers by a legislation to make laws in order to implement and
administer the requirement of that legislation. These are also called as subordinate
legislation.

 So, Regulations are passed for the proper implementation of the act.
 Regulations are not passed before the Houses of Parliament but are needed
to be published in the official Gazette to become legal.
 The Act is the parent law and the regulations passed is the supplement and
are subordinate in nature and acts as an in-charge for enforcing the laws.
 The main difference between rules and regulations is that regulations are
legally binding, whereas rules are not.
 Regulations are implemented through regulatory bodies. SEBI, RBI, IRDA
etc. are some regulatory authorities.
For example: The Protection of Human Rights Act, 1993 was enacted by the
legislature and the regulation making power is contained with the NHRC i.e., the
national human rights commission u/s 10(2) of the act.

Such regulations are passed for the application of the Act and therefore there can
be more than one set of regulations.

STATUTES

A Statute is a formal written enactment of a legislative authority that governs a

country, state, city. Typically, statutes command or prohibit something, or declare
policy.

The word is often used to distinguish law made by legislative bodies from the
judicial decisions of the common law and the regulations issued by Govt.
agencies.

A statute is a will of legislature conveyed in the form of text. The Constitution of

India does not use the term ‘Statute’ but it uses the term ‘law’. ‘Law’ includes any
ordinance, order, bye-law, rule, regulation, notification, custom or usage having
the force of law. [Article 13 (3) (a) of the constitution].

An Indian Statute is an Act of the Central or State Legislature. Statutes include

Acts passed by the Imperial or Provincial Legislature in Pre-Independence days.

A Statute may generally be classified with reference to its duration, nature of

operation, object and extent of application.

At federal and central level, the statues are generally made for the entire nation.
They are made w.r.t the matters which are dealing with national importance or are
mentioned under union list.

Similarly, state statutes are made for the entire territory or any part of a territory
of a state and are generally related to the matters which are concerned with state
importance or are mentioned under state list.
Classification with reference to duration:

1. Temporary Statute

A temporary statute is one where its period of operation and validity has been
fixed by the statute itself. Such an act continues in force unless repealed earlier,
until the time so fixed. After the expiry of the act if the legislature wishes to
continue it, a new enactment is required.

2. Permanent or perpetual statute

This type of statute is the one in which the statute remains effective until it is
substituted or repealed by the further legislative act.

Classification with reference to nature of operation:

1. Mandatory, Imperative or Obligatory statute

A mandatory statute is one which compels performance of certain things, or

compels that certain things must be done in a certain manner.

2. Directory statue

A directory statute merely directs or permits a thing to be done without

compelling its manner or performance.

Classification with reference to object:

1. Codifying statutes

The purpose of this kind of statute is to give an authoritative statement of the rules
of the law on a particular subject, whether those rules are to be found in a statute
or common law. For example- Hindu Marriage Act, 1955 and Hindu Succession
Act, 1956.

2. Consolidating statutes
This kind of statute covers and combines all the law on a particular subject at one
place which was scattered and lying at different places. It collects all statutory
enactments on a specific subject and gives them a shape of one Statute. For
example- Indian Penal Code or Code of Criminal Procedure.

3. Declaratory statutes

This kind of statute does an act of removing doubts of an enacted law. They clarify
and improve the law based on the interpretation given by the court, which might
not be suitable from the point of view of the parliament.

4. Remedial statutes

Remedial Statute is the law by which a new remedy is provided. The main
purpose of passing such a law is to improve the enforcement of one’s right or to
rectify the mistakes and defects of the previous law. The purpose of these kinds
of statutes is to promote the general welfare. These statutes have liberal
interpretation and thus, are not interpreted through strict means. For ex- Maternity
Benefits Act, 1961, Workmen’s Compensation Act, 1923 etc.

5. Enabling statutes

Many statutes have been passed to enable something to be done which was
previously forbidden by law. The purpose of this statute is to enlarge a particular
common law. For ex- Land Acquisition Act enables the govt. to acquire the public
property for the purpose of the public, which is otherwise not permissible.

6. Disabling statutes

It is the opposite of what is provided under the enabling statute. Here the rights
conferred by common law are being cut down and are being restrained.

7. Penal statutes
When the disobedience of law is not enforced by personal action but is punished
by command of law, then such law is called as penal law. Punishment for
disobeying law can be in the form of fine, forfeiture of property, imprisonment
and death. Such Statute may be in the form of a comprehensive criminal code or
large no. of sections providing punishment for diff. wrongful acts. Penal statutes
are interpreted very strictly. For ex: IPC 1860, POCSO 2012, CrPC 1973 etc.

8. Taxing statutes

A taxing statute is one which imposes taxes on income or certain other kinds of
transaction. It may be in the form of income tax, wealth tax, sales tax, gifts tax
etc. It is a source of revenue generation for the state. The money so collected is
utilized for welfare of the people. Therefore, a tax can be levied only when it has
been specifically expressed and provided by any statute.

9. Explanatory statutes

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 in a previous law.

10. Amending statutes

An amending statute is one, which makes some alteration in the originally passed
statute in order to rectify it or to fulfil its purpose more effectively. Such an
amending law cannot be called a repeal law. It is only the law to be amended. For
example- Code of Criminal Procedure 1973 amended the code of 1898.

11. Repealing statutes

In general, the term repeal stands for to cancel, to revoke or abolish. Repeal of
statutes means the abolition of the law, and once if any statute is abolished then
it is considered void and possesses no effects. For example- Competition Act,
2002 repealed the MRTP Act.
 12. Curative or validating statutes

Through these statutes, certain acts which would otherwise be illegal are
validated by curing the illegality and enables a particular line of action.

Classification with reference to the extent of application

1. Public Statute

Public Statute is a law that deals with matters of public policy. Such law may be
general, local or personal in nature. Example: CRPC, IPC, CPC etc.

2. Private Statute

Private Statute is a law that deals with individual matters or a class of matters that
have no relation to public affairs. Example: Contract act, Hindu marriage act etc.
 UNIT – II
INTERNAL AIDS TO INTERPRETATION

When the court interprets the statute by taking the help of internal sources given
under that statute, it is called internal aids.

They are been referred whenever there is dispute or conflict with respect to the
provision of statute.

When we compare internal or external aids, internal aids are generally preferred
over external aids while interpretating any provision of the statute

TITLE

The role of title is to give the description of the Act. The title of a statute gives a
fairly good idea regarding the subject matter of the statute.

The title is part of the Act itself and it is legitimate to use it

 for the purpose of interpreting the Act as a whole and

 for ascertaining its scope.

The very important part of a statute is its title, without which there can neither be
any identity nor any existence of a statute.

There are 2 types of titles that can be used by the court for the interpretation of
the statute:

1. Short Title

The short title consists of the name of the act and the year of passing that act. It
refers to the name of the Act without any further or detailed description about it.

The short title is always given on the top of the statute book. The object of short
title is identification and not description. For ex - Indian contract Act 1872”, one
can identify that this is an Indian Act relating to contract.
The short title of the Act is only its name which is given solely for the purpose of
reference and identification.

Short title is mention under Section 1 of the Acts and ends with the year of passing
of the Act. For Ex - Section 1 of CPC says, This Act may be cited as Code of Civil
Procedure, 1908.

Even though short title is the part of the statute, it does not have any role in the
interpretation of the provisions of an Act. Neither can it extend nor can it delimit
the clear meaning of particular provisions.

Long Title

It refers to the name of the Act with a detailed description about it. The long title
of the act can help in identifying the object, scope and purpose of the act.

The long title of the statute is used to identify the meaning of the Act. The court
of law uses a long title to remove the confusion in the meaning of the act.

The long title of a Statute normally begins with the words “An Act to.” For
example- the long title of Criminal Procedure Code (CrPC) states, “An act to
consolidate and amend the laws relating to the criminal procedure.

Case: Manohar Lal vs. State of Punjab: In the case, the court used a long title
for the interpretation. The court said that the scope of the act can be decided by
taking the help of a long title.

Case: Amarendra Kumar Mahopatra vs. State of Orissa: The court held that title
is an integral part of the statute and it determines the general object of the statute.
But the true nature of the Act must not be determined from the title instead from
the content & substance of such an Act.

Limitations of Title

 Title must not narrow the scope of the content of the statute.
  The title should not be used as an internal aid to interpretation if the words
are clear and unambiguous.
 The content of the act or provision is primary while title is secondary.
 True nature of a statute is determined by its substance not by title.

PREAMBLE

A preamble of an act contains the aim and objectives of the act. It can be used to
understand the real intention of the maker of the statute.

The preamble is an introductory part given in starting of the statute which

contains the aim and objectives of the act.

For example, the preamble to the constitution of India provides the aim and
objective of the constitution of India. It talks about the fundamental rights and
duties given by the people to the people of India.

When the language of a provision within an Act is clear and unambiguous, the
preamble generally does not play a significant role. However, if multiple
interpretations are possible, the preamble can assist in ascertaining the true
meaning of the provision.

 It doesn’t extend the scope of an enactment nor does it restrict it.

 Courts in the past had taken help from the preamble for interpretation. Most
of the latest acts do not pass with a preamble that’s why its role has
decreased in the recent times.
 If a conflict arises between the preamble and section of the same statute,
the section shall prevail.

Case: Re Kerala Education Bill (1957): It was observed that the policy and
purpose of the Act can be derived from its preamble.
Case: Kesavananda Bharati vs. State of Kerala: The SC said that the parliament
has the power to amend the constitution by virtue of its power under Article 368
of the Constitution. But the Supreme Court also said that the parliament of India
cannot alter the preamble which shall be a part of the basic structure of the
constitution of India.

HEADINGS

Heading are put up at the start of the group of sections relating to a particular
offence or procedure. Each chapter in an act consists if its own heading.

Headings are known as the preamble of the section or a group of sections.

For ex – Under Indian Evidence Act, 1872, Chapter VII has a Heading of “Burden
of Proof” which tells us the various aspects of burden of proof.

There are two kinds of headings in a Statute namely

 those, which are prefixed to a section.

 those, which are prefixed to a group of sections.

It can be used for interpretation if there is any ambiguity in the language of the
section or a group of sections. If the meaning of the section is clear and
unambiguous, the court will not use headings for interpretation.

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

Headings can neither cut down nor extend the plain meaning and scope of the
words used in the statute.

Case: N.C. Dhoundial vs. Union of India: The court held that the heading could
be relied upon to conclude a clear meaning of a provision, if more than one
conclusion is derived from the wordings of that provision.

Case: Union of India vs. ABN Amro Bank: The court said that in a situation
where there is no ambiguity in the interpretation of the content, headings must
not be relied upon for deriving a different conclusion.
 MARGINAL NOTES

The marginal notes are also known as side notes because these are inserted at the
side of the sections. These notes express the effect of the section but are not
considered as part of the statute.

In past times, a help was 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 they are not added by the legislators at the
timing of framing of the Act, instead they are being added by the drafters later.

However, there may be exceptional circumstances where marginal notes are

inserted by the legislatures and, therefore, while interpreting such an enactment,
the help can be taken from such marginal notes.

In many cases, the Supreme Court of India has used the marginal notes inserted
by the constituent assembly under the Indian constitution to interpret the
provisions given under the constitution of India.

Case: Bengal immunity company vs. State of Bihar: The SC used the marginal
notes to interpret article 286 of the constitution. The Supreme Court held that the
marginal notes given in article 286 of the constitution is part of the constitution
and hence it could be used for the interpretation of that article.

Case: Tara Prasad Singh vs. UOI: The court held that marginal notes are
secondary in nature whereas the general content of the provisions is primary in
nature. It was further held that marginal notes to a section of the statute cannot
take away the effect of the provisions.

Limitations of Marginal Notes

 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 interpretating 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 take away the effect of a clear provision.

Case: S.P. Gupta vs. President of India: The apex court decided that if any
conflict between the content and the marginal notes of a provision arises, then the
marginal note is to be yielded. However, they may be looked into as an aid to
interpretation in case of ambiguity.

PUNCTUATION

The punctuations are given in the sections in the form of colon, semi-colon, full
stop, dash, brackets, hyphen etc.

In ancient times, statutes were passed without punctuation and therefore, the
courts were not concerned with looking at punctuation.

But in modern times statutes contain punctuation. Therefore, whenever a matter

comes before the courts for interpretation, the courts first look at the provision as
they are punctuated and if they feel that there is no ambiguity while interpreting
the punctuated provision, they shall so interpret it.

But in a situation where the court feels that the language of the provision is not
clear, the court will read that provision without any punctuation. If the meaning
of the section is clear without the punctuations, the court will interpret that section
without attaching any punctuations.

Basically, The court will not remove the punctuation if the meaning of the section
is clear. The court will remove the punctuations if the meaning of the section is
not clear.

Punctuations cannot be used to control the plain meaning of the section.

Limitations of Punctuation Marks

 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
interpretating the Acts of Legislature.
 Presence of comma or absence of comma must be disregarded if it is
contrary to plain intention of the statute.

Case: Ashwani Kumar vs. Arabinda Bose: The SC held that punctuations cannot
be regarded as the controlling element and cannot be allowed to control the plain
meaning of the text.

Case: Dadaji vs. Sukhdeo Babu: SC held that punctuation marks by themselves
do not control the meaning of a statute where its meaning is otherwise obvious.

ILLUSTRATION

Sometimes it becomes difficult to understand the language of a statute. To solve

this problem, sometimes we find the illustrations given after the main provision
of the section.

Illustration are attached to a section of a statute with a view to clarify the law
explained in that section.

Illustrations are generally given in the form of examples including situations that
occur in real life. They do not form the part of an enactment but still they are very
useful aid to interpretation.

They can help us in understanding the real meaning of an enactment in case where
there is some uncertainty. They illustrate the intention of the legislature in the
form of facts and gives answer to situations arising in those facts.

In case of a conflict b/w the section and an illustration, the section will prevail.

Illustrations cannot be used to narrow down the meaning of the section

Such illustration manifest the intention of the legislature and these are referred in
the case of ambiguity or repugnancy. If the language of the section is clear and
unambiguous, the illustration cannot be used as an internal aid to interpretation.

Case: Mahesh Chandra Sharma vs. Raj Kumari Sharma: Held: illustrations are
parts of the Section and it help to elucidate the principles of the section.

Case: Muralidhar Chatterjee vs. International Film Co.: The SC observed that,
while interpreting a section, the illustration of that section cannot be ignored.

EXCEPTION

Exceptions depict the conditions under which the following Act shall not be
applicable. For e.g.- Section 300 of Indian Penal Code specifies exception to
murder such as murder done by exercising right of private defence, murder under
grave and sudden provocation etc.

The legislature adds the exceptions in the section with the purpose to exempt
something which would otherwise fall within the Ambit of the main provision.

In case a repugnancy between an operative part and an exception, the operative

part must be relied on. However, in many cases exceptions are relied being the
last intention of legislature.

It operates independently of the main provision.

They do not expand the scope of section nor add any different meaning to the
words. They just take away certain things from a particular provision.

Case: Collector of Customs vs. M/s. Modi Rubber Ltd.: The Supreme Court held
that whenever there is a provision in the nature of an exception to the principal
clause thereof; it must be construed with regard to that principal clause.
Case: Director of Secondary Education vs. Pushpendra Kumar: It was held that
an exception cannot be so interpreted such that it supports the main enactment
and thereby nullify, the right conferred by the main enactment.

SAVING CLAUSE

The Saving clauses are used in the cases of repeal and re-enactment of a statute.

It is normally inserted in a repealing statute, to ensure that rights already

established under the repealed enactment are not disturbed, and new rights are
not created.

If a saving clause is conflicting with the main part of the statute, the main part of
the statute will prevail and the saving clause will be rejected.

Case: Shah Bhojraj Kuverji Oil Mills vs. Subhash Chandra Yograj Sinha: The
Supreme Court did not allow the use of a saving clause, which was enacted like
a proviso, to determine whether a section in an Act was retrospective in operation.

PROVISO

 The provisos are given after the main provision of the section.
 The provisos start with the words “provided that”.
 The provisos are added in the sections to accept something from the
enacting clause or to limit the applicability of the section.
 It means the proviso’s are just to qualify something or exclude something
from that section.

If the language of the proviso clearly shows that it had more extensive operation
than the main section, such a wider effect must be given to it.

If there is any contradiction between the main enactment and proviso, the proviso
should prevail over the main section. The principle behind this rule is that the
proviso speaks the last intention of the legislature.
Sometimes more than one provisos are attached with the section. If there is any
repugnancy between the two provisos, the latter shall prevail.

The proviso has no independent existence, it is totally dependent on the main

enactment. If the main enactment is repealed by the court, the provision of that
enactment will also be repealed automatically.

The rule of interpretation of proviso is that it can neither nullify the implication
of main enactment nor can enlarge the scope of main enactment and can only be
referred in case of ambiguity in the section.

For ex - Section 55 of CPC, 1908 talks about arrest and detention but has some
proviso to it such as no arrest can take place after sunset or before sunrise etc.

If the language of the section is clear and ambiguous, the court should not use the
proviso as internal aid.

It imposes certain mandatory conditions which should be fulfilled in order to

make the enactment workable.

Case: CIT vs. Ajax Products Ltd.: It was observed that the proviso restricts the
main provision, however it doesn’t have its own independent existence and is
dependent upon the provision to which it is attached. It should not be read in
conflict with the main provision.

Case: State of Punjab vs. Kailash Nath: The Supreme Court held that the proviso
has to read as an exception to the main provision of a section.

Case: Shimbhu vs. State of Haryana: The Apex Court held that a proviso should
be construed in relation to the main provision.

Limitations of Proviso

 The ambition and scope of enacting sections cannot be widened or curtailed

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

EXPLANATION
Explanations are inserted in statutes to clarify the meaning of a particular
provision and to remove any doubts that might arise if the explanation had not
been included.

Explanations are not added to expand the meaning of the section but it only tries
to remove the confusion in the understanding of the meaning of that section.

For ex, Section 108 of the IPC defines the word “abettor,” which has five
explanations attached.

 It is not necessary that the explanations are inserted at the time of the
enactment of that particular statute, these can also be inserted after the
enactment.
 One section can have one or more than one explanation depending upon
the need for explanations in the section.
 Explanations cannot modify or restrict the language of the section. Also, if
the section is providing a clear meaning of the words, the explanations
cannot be used as internal aids to interpretation.
 If there is any absurdity in the main section, the explanation of that action
can be used as an internal aid to interpreting that particular section.
 If there is any confusion between the main provision and explanations
attached to it, it is the duty of the court is to harmonize the two.

Limitation of Explanation

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

 Explanation cannot control the plain meaning of words of the section.
Case: Bengal immunity company vs. State of Bihar: SC observed in this case
that the explanations given in a section are part of that section. This section and
explanations should be read together to know the true meaning of the provision.

Case: Hardeo motor transport vs. State of Madhya Pradesh: SC observed that
the explanations cannot enlarge the scope and effect of a provision. Explanations
can only be used to understand the object and scope of the main provision.

SCHEDULE

Schedules are attached at the end of an Act, and generally deals with as to

 how claims or rights under the Act are to be asserted or

 how powers conferred under the Act are to be exercised.

Schedules list out the powers, methods, rights, claims, subjects etc. associated
with the primary concept of the provisions in the Act.

It helps in the working of an enactment properly and it forms the part of the
enactment.

For ex, Article 1 of the constitution states that India shall be a union of states, and
Schedule 1 contains the names of the states along with their territories.

The expression in the schedule cannot override the provisions of the enactment.
In case of a conflict between the schedule and the main body of an act, the main
body prevails.

When meaning of an enactment is not clear, help can be taken from the schedule
to ascertain the meaning.

Similarly, while interpreting the schedules help may always be taken from the
main body of the Act to find out the true spirit of the Act.
Case: M/s. Aphali Pharmaceuticals Ltd. vs. 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.

Case: Jagdish Prasad vs. State of Rajasthan: 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 the effect of the provisions of an Act.

SECTION

Each section contains the text of a law.

Sections are typically designated with a number, and they may be used to define
specific rules, requirements, or exceptions within the statute.

As soon as any Bill receives the consent of the President, it becomes the Act and
that Act which is binding on all the citizens of the country is divided into sub-
divisions known as Sections.

They are meat of an Act.

They flesh out the provisions relating to the subject matter of an Act.

They are numbered in sequence but insertions are often made at a later stage,
modifying the original numbering by inserting.

For ex: Insertion of Section 13(b) in section 13 of HMA, 1955.

SUB - SECTION

 A subsection of any section divide that particular section into different

categories and groups.
 Subsection provides specifications to the content mentioned in the section.
 It is always being interpreted in connection with the section.
 Section is primary in nature whereas subsection is secondary in nature
because subsection is dependent upon section.
 UNIT – III
EXTERNAL AIDS TO INTERPRETATION

When internal aids to interpretation do not work properly, the court uses the
external aids to interpretation.

When the court takes help from within the statute to interpret any provision of the
statute, it is called internal aids to interpretation.

When the court takes help from outside the statute to interpret any provision of
the statute, it is called external aids to interpretation.

Case: B. Prabhakar Rao vs. State of Andhra Pradesh: In this case it was
observed that external aid comes into play only when the internal aid fails but not
otherwise. It is for the purpose of the justice the external aids should be used. This
is now a well settled principle of modern statutory construction.

1. Constituent Assembly Debates

Today when deciding a constitutional case, our Courts are altogether ignoring the
Constitutional Assembly debates. It is a huge mistake on the part of the Judiciary
as these debates are a piece of valuable guidance and acts as bridge to fill the gaps
of any constitutional matter and its text.

Basically, it shall comprise all such debates 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.

Case: S. R. Chaudhuri vs. State of Punjab & Ors.: In this case, the SC has stated
that it is a settled position that debates in the Constituent Assembly may be relied
upon as an aid to interpret a Constitutional provision because it is the duty of the
Court to find out the intention of the framers of the Constitution.
Case: Indra Sawhney vs. Union of India: The interpretation of the expression
‘backward classes’ used in Article 16(4) was in question before the court. The SC
under this case referred to the speech given by B.R. Ambedkar to understand the
context, background and object behind the given expression.

2. Legislative History

Legislative history means the process by which an act is enacted. This includes
conception of an idea, drafting of the bill, the debates made, the amendments
proposed, speech made by mover of the bill etc.

In the past, the courts used to look at the legislative history of a statute while
interpreting the statute. The reason behind this was to know the true intention of
the legislature. But the modern views seems to be that it is not permissible as an
aid to interpretation.

The legislative debates on the floor of the Houses, Committee reports and the
statements of objects and reasons are, therefore, inadmissible as aid to
interpretation.

The use of legislative history as an external aid is decreasing because, whatever

was in the intention of the legislators has been already expressed through words
and further, any attempt on the part of the legislators to influence courts with their
individual views must be resisted.

Case: AK Gopalan vs. State of Madras: The Supreme Court clearly said that the
debates done in the parliament for a bill cannot be used for the interpretation of
the statute. SC while disallowing a speech to be considered as an aid to
interpretation, observed that a speech made in course of the debate on a bill could
at best be indicative of the subjective intent of the speaker, but it could not reflect
the mental process lying behind the majority vote which carried the bill.
Case: Keshava Nanda Bharati vs. State of Kerala: It was held hat speeches made
by the members of parliament in course of debates relating to an enactment of a
statute cannot be used as aids for interpreting any of the provisions of the statute.
However, Justice Grover, Reddy, Palekar, and Matthew, were of the opinion that
the speeches in the Constituent Assembly could always be used to find out the
true intention of the framers of the constitution. It seems that this opinion is
limited to the interpretation of the constitution only and does not apply to other
statutes.

3. Statement of Objects & Rea sons

This is not considered as a reliable source to interpretation. It tells us about the

reasons and intention for bringing the bill into the legislature. However, after the
bill has been introduced it still have to be passed by both the houses due to which
there is always a chance that the bill gets changed along with its intention at
certain point of time.

Bill goes through many changes before it gets passed, and there is no guarantee
that the intention which led to the introduction of the bill have remained the same
till the Bill emerges as an Act of the Legislature. It also does not show the will of
majority.

The Statement of Objects and Reasons can be referred only for understanding the
background, the prior state of affairs, the surrounding circumstances in relation
to the statute, and the evil which the statute has sought to remedy.

Thus, if the meaning of a provision is clear then it has no role to play but if it a
case where the meaning is ambiguous then only some limited help can be taken
from it to ascertain the intention of the legislature.

Case: Ashwini Kumar Ghose v. Arvinda Bose: SC expressed that the Statements
of Objects and Reasons should not be considered an external aid to interpretation.
This was because these statements are presented during the bill’s processing, and
the bill may undergo several changes during that period, making the statements
subject to amendments.

Case: State of West Bengal vs. Union of India: SC observed that when the bill is
brought in the Parliament it consist of some statement of objects and reasons
which can be used to understand the background of the Act and can only be used
in a very limited sense. It cannot be relied upon as an aid to interpretation and it
doesn’t tell legislative intention.

Case: Babu Ram vs. State of U.P: It was held that the statement of Objects and
Reasons can be referred to ascertain mischief sought to be cured by the statute.

However, the Statement of Objects and Reasons have never been held admissible
for determining whether a certain provision was ultra vires or was not separable
from the other provisions of the Act. A provision inserted by subsequent
amendment cannot be interpreted on the basis of the statement of objects and
reasons of the original statute.

4. Legislative Debates

It refers 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 may be incorrect to rely upon.

Case: K.S Pari Pooran vs. State of Kerala: As far as speeches in Parliament are
concerned, a distinction is made between speeches of the mover of the Bill and
speeches of other Members. Regarding speeches made by the Members of the
Parliament at the time of consideration of a Bill, it has been held that they are not
admissible as external aids to the interpretation. However, speeches made by the
mover of the Bill or Minister may be referred to for the purpose of finding out the
object intended to be achieved by the Bill.

Case: AK Gopalan vs. State of Madras. – Explained above.

Case: Keshava Nanda Bharati vs. State of Kerala. – Explained above.

5. Committee Reports / Law Commission Reports

Before the framing of the Bill, usually the matter is referred to a committee to
ascertain their observation and suggestions on the matter which is to be
introduced in the legislature .

The commission or committee on such reference conduct a critical examination

or a detailed study of the matter and subsequently give their report on that
particular matter.

These reports may act as a great source for the courts to ascertain the true meaning
of the provision of a statute which is in question before such court.

These reports of the commissions and committee can be referred in the court as
evidence of historical facts or of surrounding circumstances or of mischief
intended to be remedied 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.

Case: RS Nayak vs. AR Antulay: The court held that

 report of the Committee which leads to the enactment of legislation,

 reports of Joint Parliamentary Committee and
 report of a Commission set up for collecting information leading to the
enactment

are permissible external aids to the construction of the Act.

 6. Dictionaries

When a word used in the statute is not defined therein or if defined but the
meaning is unclear only in such a situation, the court may refer to the dictionary
meaning of that word in ordinary sense.

The meaning of such words shall be interpreted so as to make sure that it is

speaking about the particular statute because words bear different meanings in
different contexts.

Therefore, the dictionaries are referred by the courts, whenever need arises to find
out the ordinary sense of the words. However, the courts must be very careful
while referring the dictionaries because the dictionary meaning of the word may
not be true at all times in a particular sense. If a word in an Act has been defined,
there is no need to refer the dictionary to find out its general meaning.

Case: Motipur zamindari Pvt Co. Ltd. vs. the State of Bihar: The case was
related to sugarcane. Whether the sugarcane was added into the category of green
vegetable or not? In this case, advocates give the argument that if we check the
dictionary meaning of sugarcane, it is satisfying all the necessary conditions to
become a green vegetable. So, it should be added into the category of green
vegetables. If the sugarcane comes into the category of green vegetables, then
Bihar sales tax 1947 will not be applicable on sugarcane.

The court rejected the plea of dictionary meaning and held that the sugarcane will
is liable to Bihar sales tax. The Supreme Court also held that the vegetables which
are used in lunch and dinner will come into the category of green vegetables. So,
Sugarcane definitely does not fall under this category.

7. Textbooks

The judge could refer to the appropriate textbooks to understand the essence
while interpreting an Act.
Textbooks present the subject matter in an explanatory form, and it becomes
easier and relevant to consider textbooks over questions of interpretation.
However, they carry only persuasive value and the courts are not bound to follow
any particular book or author.

But this view has been criticized because textbook contains the personal views of
the author and different textbooks have different opinions. Personal views of the
author cannot tell us about the intention of the legislature. Thus, is not a reliable
source of interpretation.

Case: Keshava Nanda Bharati vs. State of Kerala: In this case, the SC referred
a large number of textbooks. The majority opinion was that, in view of many
opinions and counter opinions expressed by the authors and jurists in the
textbooks, it was not desirable to follow the opinions quoted in the textbooks.

8. 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 believes that decision passed by the foreign court is not
arbitrary.

However, the foreign courts or decisions have only persuasive value as the courts
in India are not bound by the foreign courts.

9. Social, Political and Economic Developments and Scientific Inventions

Today’s environment is more dynamic than before due to which lot of

development and changes occur as time passes by.

Many situations are not anticipated by the legislature at the time of passing of the
act which may arise in future due to these changes. Thus, enough discretion and
flexibility are given to courts to interpret according to the needs of the present
environment while seeing these changes.

Case: State vs. J.S. Chowdhry: In this case, Section 45 of the Indian Evidence
Act, 1872, was in question. This 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, but in the instant case, the Supreme Court
ruled in opposition to its own view and held such opinion as admissible.

Case: SP Gupta vs. Union of India: It was stated by the SC that a statute must be
interpreted by including social, economic and political development.

10. References To Other Statutes

Sometimes it happens that a meaning of the word is provided in another statute,

in that situation the court can take help from another statute for interpretation.
Provided that: Both the statutes should be dealing with the same subject matter.

Although these statutes may not be identical, they address related topics or
different aspects of the same subject matter.

Reference From Repealed Act: The reference for the interpretation can be taken
from the repealed act. For ex, if the court needs to interpret something in the new
company act 2013, the court can take the reference from the company Act 1956.

CONSTITUTION OF INDIA – An External Aid

The following principles have frequently been used by the courts while
interpreting the Constitution:

1. Principle of Harmonious construction

If there is a conflict between 2 or more statutes or 2 or more provisions of the
same statute, the court must interpret them in such a manner that should give
effect to both the statutes and provisions of the same act.

Basically, the court will try to construe both of them harmoniously.

In simple words, it is the duty of the court to interpret two or more inconsistent
provisions of the same statute in a way so that both the provisions can survive or
both remain in force.

Case: Shankari Prasad vs. Union of India: In this case, article 13 (2) and Article
368 of the constitution of India were contrary to each other.

The SC held that Article 368 gives the power to parliament to amend the laws.
But according to article 13, the parliament cannot take away the fundamental
rights given under the constitution of India, while exercising the power given
under Article 368 of the Indian constitution.

2. Principle of Territorial Nexus

This doctrine derives its authority from Article 245 of the Indian Constitution.

The state legislature has the jurisdiction to make laws within its territorial
jurisdiction. Territorial nexus is one such exception which allows the state to
make laws for extraterritorial operations if it shows that there exists a nexus
between the object and the state.

According to the Doctrine of Territorial Nexus, laws made by a state legislature

are not applicable outside that state, except when there is a sufficient nexus
between the state and the object.

Case: State of Bombay vs. R.M.D.C: In this case, the Bombay State levied a tax
on lotteries and prize competitions. The tax was extended to a newspaper which
is printed and published in Bangalore but had wide circulation in Bombay. The
respondent conducted the prize competitions through this paper. The court held
that there existed a sufficient territorial nexus to enable the Bombay state to tax
the newspaper.

3. Doctrine of Pith and Substance

Pith means ‘true nature’ and substance means ‘the most important or essential
part. Thus, this doctrine is related to finding out the true nature of a statute.

If a law on a subject in one list touches the subject in the other List and they are
strictly interlinked that their verbal interpretations would invalidate huge no. of
laws, then their true nature and substance have to be determined.

If the law is found to be within the competence of the legislature enacting it, it
must be held valid.

4. Doctrine of Repugnancy

If there is inconsistency between union and state law union law Shall prevail.

But if state has received president's assent, then State law shall prevail.

After receiving the presidential assent, the law can still be held void if the
parliament amend, verify and repeal any law in respect to the same matter.

Repugnancy Test

 If two laws contain inconsistent provisions – Repugnancy.

 If two laws occupy the same field, but can operate without colliding – No
Repugnancy.
5. Doctrine of Colourable legislation

This doctrine is based on the principle that what legislature cannot do directly, it
cannot do indirectly. - This doctrine is also known as “fraud on the constitution”.

This doctrine comes into play when a legislature does not possess the power to
make law upon a particular subject but nonetheless indirectly makes the one.
 6. Doctrine of Eclipse

The doctrine of eclipse suggests that when any law made by the Legislature is
derogatory with Part III of the Constitution of India, then that law will be treated
as invalid and inoperative to the extent of such inconsistency.

Article 13(1) emphasizes the fact that the State shall not make any law which will
be inconsistent with the fundamental rights and any such law made will be void.

7. Doctrine of Severability

This doctrine allows the separation of valid and invalid portions of a law or
contract.

When a court finds a particular provision or clause to be unconstitutional or

unenforceable, the doctrine enables the court to strike down or invalidate that
specific part while preserving the remaining valid portions.

The purpose of severability is to ensure that the law or contract remains functional
and effective even after removing the unconstitutional or unenforceable element.

When such separation is not possible, the whole law shall be held
unconstitutional.
 UNIT – IV: RULES OF INTERPRETATION
LITERAL RULE

The literal rule is also called grammatical rule by some jurists.

It is the first rule of interpretation. According to this rule, the words used in the
statute are to be interpreted in their natural or ordinary meaning.

The literal rule means that a judge has to consider what the statute says ‘literally’,
i.e., its simple plain meaning. It is said that the words themselves best declare the
intention of the law-givers.

After the interpretation, if the meaning is completely clear and unambiguous then
the effect shall be given to a provision of a statute regardless of what may be the
consequences.

The basic rule is that the intention of the legislature, while making any provision
was expressed through words and which must be interpreted according to the
rules of grammar.

It is the safest rule of interpretation of statutes because the intention of the

legislature is deduced from the words and the language used.

The only obligation of the court is to interpret the law as it is and if any harsh
consequences arise then the remedy for it shall be sought and looked out by the
legislature.

 If the interpretation done by the court is not creating absurdity and it is not
contrary to the object of the statute then the court will apply the literal rule
of interpretation.
 But in a case, where the literal interpretation is done by the court is contrary
or creates absurdity, then the court will apply another rule for the
interpretation.
Case: Maqbool Hussain vs. State of Bombay: In this case, the appellant, a
citizen of India, was coming back to India and after arriving at the airport he did
not declare that he was carrying gold with him. During his search was carried on,
gold was found in his possession as it was against the notification of the
government and was confiscated under section 167(8) of Sea Customs Act.

Later on, he was also charged u/s 8 of FERA 1947. The appellant challenged this
trial to be violative under Article 20(2) of the Indian Constitution. According to
this article, no person shall be punished or prosecuted more than once for the
same offence. This is considered as double jeopardy.

The court used the literal interpretation rule and held that the Seas customs
Authority was neither a court nor any judicial tribunal. Thus, accordingly, he was
not prosecuted earlier. Hence, his subsequent trial was held to be valid.

Case: R vs. Harris: In this case, a person bit the nose of a person. A criminal case
was filed in the court of law where the court applied the literal rule of
interpretation and held that the act of biting by the defendant does not come within
the meaning of stab cut or wound because these words imply that there must be
the use of an instrument. But in this case, there is no instrument used by the
defendant. Therefore, the defendant was not guilty and acquitted.

Case: Motipur zamindari Pvt Co. Ltd. vs. the State of Bihar: The case was
related to sugarcane. Whether the sugarcane was added into the category of green
vegetable or not? In this case, advocates give the argument that if we check the
dictionary meaning of sugarcane, it is satisfying all the necessary conditions to
become a green vegetable. So, it should be added into the category of green
vegetables. If the sugarcane comes into the category of green vegetables, then
Bihar sales tax 1947 will not be applicable on sugarcane.

In this case, the Supreme Court said that the legislature has clearly mentioned
what should be added into the green vegetables or what should not. The court
rejected the plea of dictionary meaning and held that the sugar cane will come
into the Bihar sales tax. The Supreme Court also held that the vegetables which
are used in lunch and dinner will come into the category of green vegetables. So,
Sugarcane definitely does not fall under this category.

Advantages of the literal rule

 It enables the common man to understand the statue.

 It enables to understand the intent of the legislature simply & clearly.
 This rule respects the parliamentary supremacy in administration of justice.
 Under literal rule the law becomes quite predictable.
 It provides no scope for judges to use their own opinions.

Disadvantages of the literal rule

 The literal rule can lead to unreasonable decision making.

 Our laws are written in the English language and the language is
ambiguous. Sometimes one word has many different meanings.
 This rule cannot be applicable in every situation and circumstance.
 It restricts the court to use its judicial mind.
 Sometimes, the court will interpret a statute in a way, which the legislature
never intended.

Criticism of literal rule

Literal rule rests on the erroneous assumption that words have a fixed meaning.
It restricts the scope of deriving meaning from the context of the Statute and
depending solely upon the plain wordings.

There are chances of creating misleading precedents while deciding cases.

The strict adherence to this rule may cause injustice and sometimes it might give
results which are quite contrary to general intention of statute.
With changing and adopting of new policies and laws, the statutes should not be
interpreted in their traditional way i.e., taking the literal meaning of the words
used. Hence these make literal rule not suitable to present situation.

GOLDEN RULE

The golden rule of interpretation was propounded in the case of Grey vs. Pearson
by Lord Wensleydale in the year 1957. This is why it is also known as
Wensleydale’s Golden Rule.

It is known as the golden rule because it solves all the problems of interpretation.
This is also known as “British Rule”.

If the interpretation given through the literal rule leads to some or any kind of
ambiguity, injustice, inconvenience, hardship, inequity, then in all such events the
literal meaning shall be discarded and interpretation shall be done in such a
manner that the purpose of the legislation is fulfilled.

The golden rule of interpretation is the modification of the literal rule of

interpretation. This rule almost overcomes the shortcomings of the Literal Rule.

Basically, this rule allows a judge to depart from the actual meaning of a word in
a situation, where interpretating the actual meaning leads to absurd result.

The golden rule of interpretation can only be used when there is no correct
grammatical construction (interpretation) possible. The legal language is
sometimes composed of such words that do not provide a noticeable meaning,
and to determine the hidden meaning, the golden rule is used.

The golden rule can be applied in a narrow or a broad sense:

 Narrow approach – This approach is used when the words in the statute
are capable of multiple meanings. It is then up to the judge to choose the
most appropriate and preferred meaning, which clearly portrays the true
intention of the statute.
  Broad approach – This approach is used when there exists only 1 meaning
of a word. And applying that meaning might cause absurdity or would lead
to bad decision. In order to avoid this problem, the judges can modify the
meaning of the word to remove the absurdity.

Case: Karnail Singh Vs Mahender Kaur: In this case, the father named Gunjan
Singh had 6 children, out of which 3 were boys and 3 were girls. He made his
will in 1970 on the name of three sons named Karnail Singh, Malkeet Singh and
Ajit Singh. But his son Ajit Singh died in 1973. His father Gunjan Singh didn’t
make any changes in the will and died after two years of his son’s death in 1975.

Now the two sons Karnail Singh and Malkeet Singh filed the case in the court
and section 109 of the Indian succession Act was challenged. They argued that
the will should be in the name of them only, not in the name of the widow of Ajit
Singh. They argued that their father wrote the will in the name of his sons only,
not in the name of the widow of the son.

In this case, the court applied the golden rule of interpretation and said that the
property shall belong to Mahender Kaur who was the widow of Ajit Singh. The
court gave the reason that if the father really wanted to change his will, the father
had sufficient time (2 years) to change the will. The section of the act protects the
legacy of the child or any other lineal descendant of a pre-deceased legatee. The
property in the will was given to Mahender Kaur.

Case: Lee vs. Knapp (1967): In this case, Lee parked his car in front of his home
and he was taking the rest inside his house. Knapp hits his car and after hitting
the car, he stopped his car and then moved on. When Lee came out from the house
to see the accident the Knapp was moved on. Later Knapp’s manager came to
Lee’s house and gave the details of Knap. Lee filed the case in court.

According to section 77 of the road traffic act 1960, it is the duty of the person to
stop and furnish the particulars in case of an accident.
The defendant challenged that he had stopped his car after the accident and then
moved on. The court asked the defendant that yes, we agreed that you were
stopped but the question is how long you were stopped. Because, when Lee came
out of the house, you were not there.

In this case, if the court tried to make the interpretation with the literal rule, then
the person was not guilty because he had stopped and then moved on. But the
court applied the golden rule of interpretation and said that “stop means one
should stop for a reasonable time to give the information.”

Case: Tirath Singh vs. Bachittar Singh: In this case, there was an issue with
regard to issuing of the notice u/s 99 of Representation of People’s Act, 1951,
with regard to corrupt practices involved in the election.

According to the rule, the notice shall be issued by the tribunal to all those persons
who are a party to the election petition and at the same time to those who are not
a party to it. Tirath Singh contended that no such notice was issued to him under
the said provision. The notices were only issued to those who were non-parties to
the election petition. This was challenged to be invalid on this particular ground.
The SC held that the party to the petition is already having the notice regarding
the petition, therefore, section 99 shall be so interpreted by applying the golden
rule that notice is required against non-parties only.

Advantages of Golden Rule

 It allows the judge to modify the meaning of words to remove absurdity.

 When the literal rule of interpretation fails to achieve clarity, the golden
rule steps in to help the court.
 It allows the judge to choose the most sensible meaning where there is more
than one meaning to the words in the Act or Statute.
 It helps to close the loopholes.
  Another main advantages of the Golden Rule are that drafting errors in
statutes can be corrected immediately.
 It saves the time of the Parliament in order to amend the little changes of
the words of the Statute.

Disadvantages of Golden Rule

 There is no clear guideline as to when the Golden Rule should be used.

 Each court may have its unique viewpoint, what appears absurd to one
judge may not appear to another. It means a case outcome is decided upon
the judge, rather than the law.
 Its use is very limited and rare. Because if literal rule leads to any
ambiguity, then only in such situation golden rule will apply, otherwise not.
 Under this rule, judges can twist the meaning of the words and change the
law. This would cause a disbalance in the separation of powers.
 It is very unpredictable that whether courts will use the golden rule, making
it hard for lawyers who are advising their clients.

Criticism of the Golden Rule

The golden rule of Interpretation is the well-used principle for the interpretation
of statutes but there has been criticism regarding its application.

Firstly, The word “absurdity” is a vague concept and arises only in a few cases
where it necessary for the court to apply the golden rule of interpretation. Every
judge is different and is bound to interpret things differently. The purpose of this
rule is to bring uniformity by stating that interpretation of the provisions of a
statute should not deviate from the intention of the legislation. This rule is to be
applied when the literal interpretation of the text produces ambiguous or absurd
results. This is where the problem lies. The absurdity clause to some extent
eliminates the uniformity provided by the rule.
Secondly, the literal, golden and mischief rules are called rules but are they really
rule in the true sense of the word? Certainly not. It is totally based on the
discretion of the judges. Although they’re called rules, none of them carries any
authority independently. The judges can choose not to follow the ‘rules’ even
when the need clearly exists. Thus, there is no hard and fast rule as to which one
to apply in the case at hand.

Thirdly, the golden rule acts as an excuse for the judge to deviate from the
guidelines. It allows the judge to introduce their own biases and personal views
into the interpretation of the law. So, the bias of the judge can find a way to enter
the scene through this power of interpretation.

Thus, the application of the golden rule of interpretation is dependent on the

wisdom and integrity of the judges – which leads to potential injustice.

MISCHIEF RULE

Mischief Rule was originated in Heydon’s case. It is known as Heydon’s rule

because it was given by Lord Poke in Heydon’s case in 1584.

Here, ‘mischief’ means to prevent the misuse of provisions of a statute. This rule
says that the statute should be interpreted in such a way as to supress the mischief.

 It is the rule of purposive construction because the purpose of the statute is

most important while applying this rule.
 It is called as mischief rule because the focus is on curing the mischief.

In the Heydon’s case, it was held that there are 4 things which have to be followed
for interpretation of all the statutes, which are as follows-

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

2. What was the mischief or defects in the previous law?
3. What was the remedy that was sought by parliament?
4. What is the true reason of the remedy.
The purpose of this rule is to suppress the mischief and advance the remedy.

This rule basically tries to answer the question as to what was the mischief which
previous law could not cover and which subsequently lead to formation of the
given statute in question.

The objective of this rule is to remove the defect in the statute, in order to fulfill
the objectives of the statute.

Case: Pyare Lal vs. Ram Chandra: The accused (Pyare Lal) was prosecuted for
selling the sweeten supari which was sweetened with the help of an artificial
sweetener. He was prosecuted under the Food Adulteration Act. It was contended
by Pyare Lal that supari is not a food item. The court held that the dictionary
meaning is not always the correct meaning of the word. Therefore, the court held
that the word ‘food’ is consumable by mouth and orally. And, supari is considered
as an article of food. Thus, his prosecution was held to be valid.

Case: Smith vs. Huges (1960): Around 1960s, the prostitutes were soliciting in
the streets of London and it was creating a huge problem for the people. This was
causing a great problem in maintaining law and order. To prevent this problem,
Street Offences Act, 1959 was enacted. After the enactment of this act, the
prostitutes started soliciting from windows and balconies.

Further, the prostitutes who were soliciting from the streets and balconies were
charged u/s 1(1) of the said Act. But the prostitutes pleaded that they were not
solicited from the streets.

The court said that although the prostitutes were not soliciting on the streets, the
mischief rule of interpretation must be applied to prevent the soliciting by
prostitutes in London. Thus, by applying this rule, the court held that the windows
and balconies were also covered in the word street and charge sheet was held to
be correct.
Case: Regional PF Commissioner vs. Shree Krishna Metal Manufacturing Co.:
The respondent factory which consisted of 4 separate units for manufacturing.
These 4 units are operated as paddy mill, saw mill, flour mill, and copper sheets
units. The respondent factory was asked to comply with the provisions of the
Employees' Provident Fund Act, 1952. The respondent contended that according
to Section 1(3)(a), the Act applied to an industry mentioned in Schedule I in which
at least 50 persons are employed and since in each of his 4 units, less than 50
persons were employed, so, it was not obligatory to comply with the provisions
of the Act. Rejecting the arguments, the Supreme Court after applying the
mischief rule, held that the respondent was bound by the terms of the Act as all
the 4 units must be considered as 1 industry.

Advantages:

 The Law Commission sees it more satisfactory rule of interpretation as

opposed to the Golden or Literal rule.
 It usually avoids unjust or absurd results in sentencing.
 It closes loopholes in law.
 It upholds the doctrine of separation of powers, parliamentary supremacy
and sovereignty of the state.
 It allows the law to develop and adapt to changing needs.
 The Mischief Rule allows judges to depart from a literal interpretation of
the statute's words in order to achieve the purpose of the statute.

Disadvantages:

 Diff. judges may reach different conclusions about what that mischief is.
 The use of the Mischief Rule can create uncertainty for individuals and
businesses who must comply with the statute, as they may not know how
a court will interpret the statute in a given case.
  The Mischief Rule can be manipulated to achieve a desired outcome, as a
judge could identify a different "mischief" or problem in order to support
a particular interpretation of the statute
 It is considered to be out of date as it has been in use since the 16th century,
when common law was the primary source of law and parliamentary
supremacy was not established.
 It gives too much power to the unelected judiciary which is argued to be
undemocratic.

LEGAL FICTION

Legal fiction is an assumption that is technically untrue or unknown and is used

to guide legal decisions.

Legal fiction is defined as:-

 A legal assumption that a thing is true which is which is probably false.

 An assumption of law, that something which is false is true.
 A state of facts exists which never really existed.

Legal fiction refers to a fictitious fact that is treated as true under the law for
purposes of legal, administrative or other expediency.

A legal fiction is something by which the law deliberately departs from the truth
of things for some reason. E.g., A foreigner was treated to be Indian citizen for
the purpose of jurisdiction.

Legal fiction is used in the provisions of an enactment by using the term “is
deemed”. The deeming provision is for the purpose of assuming the existence of
fact that does not really exist.

Legal fiction is an important subsidiary rule of interpretation of Statute. It is

useful in deciding cases where certain things are presumed to exist in fact of their
non-existences.
Sir Henry Maine pointed out that fiction played an important role in defining the
law in earlier times but today with the growth of the system of amendments in
law, fiction has lost its value. Despite anything to the contrary, Sir Frederick
Pollock does not support to this prospective and states that fictions are significant
for law even today. The theory of constructive trust and constructive possession
are modern examples of legal fictions.

Case: Bengal Immunity Co. Ltd. vs. State of Bihar: The Supreme Court held that
the legal fiction should not be extended beyond its legitimate limits.

Case: Pandurang Vinayak vs. State of Bombay: The Supreme Court held that for
the purpose of legal fiction, the word “ordinance’ is to be read as ‘enactment’.

Case: Bombay corporation vs CIT Bombay: Section 43 of the Income Tax Act
provided that under certain circumstances, an agent for all the purpose of this Act,
is deemed to be an agent of a non-resident person. Such agent is deemed to be an
assessee.

EJUSDEM GENERIS

‘Ejusdem Generis’ is a Latin term and the meaning of it is “of the same kind and
nature”.

When general words follow specific words of a distinct category, the general
word may be given a restricted meaning of the same category.

Illustration: If a law refers to automobiles, trucks, tractors, motorcycles and other

motor-powered vehicles, then, the court might use ejusdem generis to hold that
such vehicles would not include airplanes, because the list included only land-
based transportation.

Case: Evans vs. Cross: In this case, 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” u/s 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
signs because devices are indicating a thing, whereas painted line on a road is not.

Doctrine of Ejusdem Generis is not a rule of law but a rule of construction, which
enables a court to ascertain the intention of legislature when the intention is not
clear.

It does not limit the power of court to undermine or defeat the legislative will by
confining the operation of a statute within narrower limit, than intended by the
law makers.

Need of ejusdem generis

The need for IOS 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 there is no ambiguity in the language.

Essentials of Ejusdem Generis

 The statute contains an enumeration of specific words which constitute a

class / category.
 The said class / category is not exhausted by the enumeration;
 The general words follow the specific words;
 There is no indication of a different legislative intention.

From the above discussion, it can be said that two elements must exist for the
application of the doctrine of ejusdem generis which are: the specific words
should constitute a particular class or genus and the intention of the legislation
should be there for such restriction of the general words.

Limitations of ejusdem generis

 If the general words are there before the specified words, then this doctrine
is not applicable. So, it can be said that specific words must be followed
by general words.
 If the specific words in the provision of the statute which are been followed
by the general words do not form a distinct genus/class then this rule cannot
be applied.
 If the specified words exhaust the whole genus/class then this doctrine is
not applicable.
 If there is a contrary intention of the legislation for the application of the
rule of ejusdem generis, then this rule cannot be applied.

Case: Kerala Cooperative Consumers' Federation Ltd vs. CIT: The Court in this
case, interpreted the meaning of the phrase "'Body of Individuals", which was
provided u/s 2(31) of the Income Tax Act, alongside the word “Association of
Persons". The Court by applying the rule of ejusdem generis held that "Body of
Individuals" will have to be understood in the same background, context and
meaning given to the words "Association of Persons'.

NOSCITUR A SOCIIS

The term Noscitur a sociis is a Latin expression in which ‘Noscere’ means to

know and ‘Sociis’ means association.

Thus, ‘Noscitur a sociis’ means “to know from association”. In other words,
meaning of a word should be known from its accompanying or associating words.

Lord Macmillan had defined this rule of interpretation as “the meaning of a word
is to be judged by the company it keeps.”
The rule of knowing the meaning of a word by referring its associate words is
called the principle of Noscitur a sociis.

 It is a rule of interpretation wherein the meaning of an unclear or

ambiguous word is determined by the words associated with it in the
statute.
 It can be used wherever a statutory provision contains a word or phrase that
is capable of bearing more than one meaning.

Thus, under the doctrine of “noscitur a sociis” the questionable meaning of a

doubtful word can be derived from its association with other words.

Where Noscitur a Sociis does not apply?

 The rule is not applied where the words conveys a clear and definite
meaning.
 It is not applicable where the word has itself been defined in the statute.
 Where the words in a statute have been given a wider connotation
intentionally then this rule can’t be applied to narrow down the meaning of
words.

Case: Alamgir vs. State of Bihar: The construction of Section 498 of IPC,1860
was involved. In this Case, a wedded lady left her husband deliberately and began
to live with the appellant openly. The Appellant was charged u/s 498 of IPC, 1860,
and the case was instituted against him. The appellant contended that the charge
must fail because he had neither taken or enticed away the woman nor had he
concealed or detained her. The main question to be decided by the court was that
since there was no taking, enticement or concealment of the woman by the
appellant as she was voluntarily and openly living with him, did the action of the
appellant fall under the expression “detains” used in Sec. 498. The SC held that
though the word detains generally means detention against will, but this meaning
cannot be attributed to the word here because the expression should be construed
in the light of other words in its company. This means that the word detains should
be interpreted with reference to the expression takes, entices and conceals used
in Section 498. The word detains, therefore, should mean detention without the
consent of the husband. Section 498 protects the rights of a husband who has been
deprived of the company of his wife and in the light of this object also the
expression detains must mean keeping a woman without the permission of her
husband. The woman's consent under this provision is therefore, meaningless.

Case: Devendra Surti vs. State of Gujarat: U/s 2(4) of the Bombay shops and
Establishments Act, 1948, the term commercial establishment means “an
establishments which carries any trade, business or profession”. Here the word
profession is associated to business or trade and hence a private doctor’s clinic
cannot be included within the word ‘profession’.

Case: Pradeep Agarbatti, Ludhiana vs. State of Punjab: The apex court with
reference to the Punjab Sales Tax Act held that the word, “perfumery’’ means
such articles as used in cosmetics and toilet goods but does not include ‘Dhoop’
and ‘Agarbatti’. This is because in Schedule ‘A’, Entry 16 of Punjab Sales Tax
Act reads as “cosmetics, perfumery & toilet goods excluding toothpaste, tooth
powder, Kumkum & soap.”

REDDENDO SINGULA SINGULIS

This is a Latin term which means “by referring each to each”.

When there are phrases or expressions and objects in a section, then each phrase
or expression should be used along with the appropriate object. It means referring
each phrase or expression to its corresponding object.

For Example: Doctor, Engineer and chef in a restaurant. Here, "In a restaurant"
only applies to chef and not to Doctor or Engineer.
In simple words, “reddendo singula singulis” means that when a list of words has
a modifying phase at the end, the phrase refers only to the last word.

 The reddendo singula singulis principle concerns the use of words

distributively.
 Where a complex sentence has more than one subject, and more than one
object, the following rule is used for the right construction of the statute by
reading the provision distributively and applying each object to its
appropriate subject, accordingly.

Illustration: A statute says if any one shall draw or load any sword or gun in order
to cause apprehension in the mind of another, he is liable for assault. The word
'draw' refers to sword and the expression load" refers to gun, it is because to load
a sword or to draw a gun is impossible.

This rule is mostly used by the Court in distributing property in the most
convenient manner.

A typical application of this principle is where a testator says ‘I devise and

bequeath all my real and personal property to B’. The term devise is appropriate
only to real property. The term bequeath is appropriate only to personal property.
Accordingly, by the application of the principle reddendo singular singulis, the
testamentary disposition is read as if it were worded ‘I devise all my real property,
and bequeath all my personal property, to B’.

Case: Koteshwar Vittal Kamat vs. K Rangappa Baliga: The following case was
regarding the construction of the Proviso of Article 304 of the Indian Constitution
which reads as, “Provided that no bill or amendment for the purpose of clause (b)
shall be introduced or moved in the Legislature of a state without the previous
sanction of the President”.

The Court held that the word “introduced” applies to “bill” and “moved” applies
to “amendment”.
 GENERALIS SPECIALIBUS NON – DEROGANT

Generalia specialibus non derogant is a Latin maxim. It is a maxim used for

statutory interpretation.

 Generalia stands for general.

 Specialibus stands for special.

It means that general laws do not prevail over special laws

As per Osborn’s Law Dictionary, it means general things do not derogate from
special things.

This maxim has been widely used in cases, where there is a conflict between
general and special provisions of an Act or different Acts. It has helped our
judiciary in the interpretation of statutes.

When a matter falls under any specific provision, then it must be governed by
that provision and not by the general provision.

The provisions of the special rule are preferred over general rule as they are meant
to address that subject in greater detail.

Parliament while passing a Special Act devotes its entire consideration to a

particular subject. When General Act is then passed, it is logical to believe that
Parliament has not altered the former Special Act. When legislature has given its
deliberation to a separate subject and made provision for it, the presumption is
that a following general enactment is not intended to interfere with special
provision unless it exhibits that intent very noticeably.

Case: Suresh Nanda vs. C.B.I: In this case, the petitioner lost access to his license
as the result of the procedures of a case in which he was the accused. His passport
was seized by C.B.I., thus, he couldn’t travel.

There are 2 Acts that provide for impounding of passports:

  Code of Criminal Procedure
 Passports Act.

So, there was a conflict between section 104 of CrPC and section 10(3) of the
Passport Act. The court decided that:

Since impounding of passports are governed by special legislation namely the

passports Act. CrPC provisions concerning impounding shall not be attracted.
The courts or the police can at best seize a passport, but for impounding (which
is far more enduring and continuous possession) passport authority would have
to be approached and the authority can take a decision on whether it would be
impounded or not.

In this case, the scope of the law under CrPC was defined by saying that the courts
or the police cannot impound but can only seize a passport. As impounding a
passport has far-reaching and permanent consequences, special law provisions
will prevail to provide a better remedy to the petitioner.

Importance of “Generalia specialibus non derogant”

 It helps the judiciary in interpretation of statute whenever conflict arises.

 It ensures that the purpose of the special enactment is not defeated.
 It makes a statute effective and operative.
 It gives power to one provision without invalidating the other provision.
 If there is any inconsistency in law, this maxim helps to remove it by
effective interpretation.
 It ensures that the intention of legislature behind the specific legislation is
fulfilled.

EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS

The rule ‘expressio unis est exclusion alterius’ means that, the express mention
of one thing implies the exclusion of another.
When something is expressly mentioned in a statute, it leads to the presumption
that the things which are not specified in the statute are excluded.

Accordingly, this maxim is based on the rule: Express mention and implied
exclusion.

For example: If a statute refers bus and trucks, it only refers to bus and trucks and
will not include car or any other transportation.

Mentioning of one or more specified things in the statute may be taken to exclude
other similar things that are not expressly mentioned in the list. This is an aid to
the interpretation of statutes.

If a list of words appearing in a statute are specific in nature and those specific
words are not followed by general words then that statute will only apply to the
words appearing in the list.

Where can this Rule be Applied?

 This maxim will only be applied in such cases where specific words are
being mentioned in any statute.
 However, it will not be applied in those cases where general words are
being mentioned along-with specific words, for example – etc, so on,
others or any other general words.
 If the terms and phrases in the statute are plain and simple and the meaning
is clear, there is no scope for applying this principle.

Case: R. vs. Secretary of state for the Home department: In this case it was held
to exclude the father of an illegitimate child from rights under immigration law
at the time, because the definition section specifically mentioned the mother
alone.