CHAPTERX

AIDS TO CONSTRUCTION

SYNOPSIS
MEANING OF "AIDS TO CONSTRUCTION"
WHEN AIDS TOCONSTRUCTION CAN BE LEGITIMATELY INVOKED
KOINDS OF AIDS TO CONSTRUCTION
Internal aids
External aids

MEANING OF "AIDS TO CONSTRUCTION"

The dictionary meaning of the term "aid" is help or
assistance.
Therefore the expression "aid to construction" would mean the help or
assistance sought by the courts for construction of an ambiguous word. The
prime object of interpretation is to draw true intention of Legislature from
the words itself employed in the language of a provision. But where the
words suffer from ambiguity, it is necessary to remove the same by
construing it, so that legislative intent can be given effect to. When a word
used by the Legislature in a statutory provision bears more than one
meaning, it is to be determined which of those meanings is true one in the
Context. For arriving at the true sense of such ambiguous word, the courts
that
may examine each meaning given out by that word and finally adopt
this process, for
meaning which is in tune with the legislative intent. In
the courts may seek
aScertaining correct meaning of an ambiguous word, refer to some other
statute or may
necessary help from the text of the same
to enactment. Such assistance is
statute or document or the facts leading
known as "aid to construction".
LEGITIMATELY
CONSTRUCTION CAN BE
WHEN AIDS TO
NVOKEED
time. It is only
be called upon at any
The aid to construction cannot invoked. These
can be lawfully
und specific circumstances that they of interpretation.
necessitate the process
the s a m e which a r e clear, plain
Snstances are words
held in number of cases that if the
aneme Court has that meaning
meaning, then
and precise and are susceptible to only oneinterpretation. However, where
of
should be appl
plied and there is
no question
meaning thereby
rendering the
a articular wo than one
Word carries more have to decide
the courts shall
language
whate open to
alternative

should be
constructions,

assigned to the particular

word and which
For this purpose,
the
interneaning should prevail.
of the statutory provision
erpretation (261)
 INTERPRETATION OF STATUTES

262 for ascertairn:

to be
construed
ng the tru
o n s t a h et
is required ired to
required be c
construe
reason
words and the languagein
of uncertainty meaning,
the the aids to construction
words a r e invocationcanof aids
or th
to
intent.
Whenever
be cal
legislative
circumstances
in which invocation called
Therefore, the
under
upon. are as
permitted,
is bear more tha.
construction

the words used in the language than one

(a) Where
meaning.
about the meaning of a word
there is uncertainty
(b) Where
it is not clear as
which
meaning a particular
to w
word
Where be
(c) should assigned with reference to the assembly of words
18 ed
in a provision.
Where due to several meanings
of a word, the language of a
(d) understood in different senses
provision c a n be reasonably
than one distinct constructions of
the language are
(e) Where more
determined that out of many, which one
possible and it is to be
should be upheld.
() Where the results drawn by assigning plain, ordinary and
natural meaning to the words, are unintended and absurd.
to the words, the inferences
(g)Where, by assigning plain meaning
are undesirably against the policy or object of the statute.
(h) Where the natural and ordinary meaning fails to effectuate the
legislativeintent or obstructs advancement of object of the
statute or frustrates the very purpose of the enactment.
In State of Maharashtra v. Marwanjee F. Desai,' the Supreme Cou
held that true intent of the Legislature shall have to be gathered and
deciphered in its proper spirit having due regard to the language used
therein. Statement of objects and reasons is
undoubtedly an ad
construction but that by itself cannot be termed to be and by itself cannot he
interpreted. It is a useful guide but the interpretations and the intent snau
have to be gathered from the entirety of the statute and when the langu
of the sections providing an appeal to a forum is clear and categorical,
external aid is permissible in interpretation of the
same.
In Mula Sahakari Sakhar
was held that "there is no bar for
Karkhana Ltd. v. State Bank .of Ina it
any
resorting to external aid to interpe
writing in case of conflict or confusion
interpret.
rwise.
Where the wordings in the document
or
uncertainty, but not mOu
in question are clear and
and as the document in
question remained unchallenged till the unamtion
of the bank guarantee, the
intrinsic mec
executed between the appellant and oral evidence or earlier corre
ponde:

the company cannot be

bring in the intention of the document resort a
contract of indemnity and not by treating the said document ade clear
a bank
aid is not guarantee". Thus,
that resorting to external it was. in the

document in question are clear and permissible when wora

1. (2002) 2 SCC 318
unambiguous.
AIR 2002 SC 456.
2. 2005 (4) Mh LJ 629
(Bom. HC DB).
 AIDS TO CONSTRUCTION 263

In Principal Chief Conservator of Forest v. Johnson,' it was held

J.K.
is plain and clear, no
that when the language of the statutory provision
to be gathered from
external aid is required and the legislative intention has
the language employed.
CONSTRUCTION
KINDS OF AIDS TO
aid or assistance for construing a statutory
As discussed above, the from the s a m e
be taken broadly from two s o u r c e s . Firstly,
provision can
statutes or
book and secondly, from any outside s o u r c e like other
statute the tru1e
former case, for the purpose of ascertaining
documents etc. In the of
ambiguous word, the courts seek assistance from various parts
sense of an
definition clause,
book such as its title, preamble, heading,
the same statute for anything outside that
explanation etc. The courts do not look
proviso, the provision of
themselves to the same statute book,
enactment and confine from
construed. Since the assistance is sought internally i.e.,
which is being such aids are known as "Internal
four c o r n e r s of the same statute,
within
if the ambiguity is not resolved by resorting
Aids to Construction". However, a provision, step
internal aids, the courts may, in their quest to interpret
to or other
statute book and consult other laws on the subject
out of the of an ambiguou1s
on the correct meaning
relevant documents to throw light called
assistance is sought from outside sources, it is
word. Since this
"External Aids to Construction".
 INTERPRETATION OF STATUTES
264

CHAPTER SUMMARY

word emplovei
Meaning of "aids to construction"-When a word
employed
statutory provision bears more than one meaning, the Court hina a

determine which of them best manifests the legislative intent. In the has to
of ascertaining correct meaning of an ambiguous word, the courts m process
ts may a s
seek
necessary help from the various parts of the same statute or may r e f
some other statute or document or the tacts leading to
enactment. . uch
assistance is known as "aid to construction".
When aids to construction can be legitimately
to construction can be pressed into service when the words
invoked-The aida
of a provision Ars
ambiguous giving rise to alternative constructions and when plain,
ordinarv
e
and natural meaning is assigned to such
words, the result is unintended or
absurd or undesirably against the
effectuate the legislative intent.
policy or object of the statute or it fails to
Kinds of aids to construction-There are
two kinds of aids, viz., (a)
internal aids in which various
such as its title, parts of the same statute book are utilized
preamble, heading, definition clause, proviso,
etc. and (b) external aids
which are taken from explanation
statutes or documents any outside source like other
etc.