Interpretation Construction
Interpretation Construction
Interpretation: The process of discovering the true meaning of the words used in a
statute.
Construction: Refers to the drawing of conclusions about the legal implications of the
text beyond its literal meaning.
Internal Aids to Construction of Statutes: Internal aids are elements within the statute
itself that help in interpretation, such as the preamble, titles, headings, and illustrations
provided within the law.
External Aids to Construction of Statutes: External aids refer to sources outside the
statute that help in its interpretation. These include dictionaries, prior case laws, historical
context, and legislative debates.
Harmonious Construction: This rule is used when different sections of a statute appear
to contradict each other. The court tries to interpret both sections in such a way that they
work together harmoniously.
9. Case Laws Where Literal Rule of Interpretation Was Applied: The literal rule is
applied when the court takes the plain, ordinary meaning of the words in the statute,
without trying to interpret or guess what the lawmakers intended. One famous case
is Fisher v Bell (1961), where a shopkeeper's display of a flick knife was not
considered "offering for sale" under the literal meaning of the law.
10. Case Laws Where Rule of Harmonious Construction Was Applied: In cases
where two parts of a statute seem to conflict, the courts use the harmonious
construction rule to make both parts work together. For example, in CIT v Hindustan
Bulk Carriers (2003), the Indian Supreme Court used harmonious construction to
resolve contradictions between provisions of the Income Tax Act.
11. Note on 'Statutes to Be Read as a Whole': This means that every part of a statute
should be considered in relation to the entire document. Judges must look at the whole
law to understand how its sections fit together and to avoid interpretations that would
make other parts of the law ineffective.
12. Note on 'Casus Omissus': This term refers to situations not provided for in the
statute. If a particular case or issue is missing (omitted) from the statute, courts
generally will not fill in the gaps but will leave it to the legislature to amend the law.
13. Meaning of Maxim 'Noscitur a Sociis': This Latin phrase means that the meaning of
a word can be understood by the context of the words surrounding it. For example, if
a law refers to "vehicles, bicycles, and scooters," the word "vehicle" is understood in
the context of other two-wheeled modes of transport.
14. Meaning of Maxim 'Ejusdem Generis': This maxim is applied when general words
follow a list of specific items. The general words are interpreted to include only things
similar to the specific items. For example, if a law lists "cars, trucks, and other
vehicles," the phrase "other vehicles" would only refer to motor vehicles, not
airplanes or boats.
15. Write the Contribution of Two External Aids in Interpretation of Statutes:
Dictionaries: Help judges understand the common meaning of words at the time the
law was written.
Previous Judgments (Case Law): Past court decisions provide guidance on how
similar laws have been interpreted before.
Preamble: The preamble of a statute explains the purpose and objectives of the law,
providing insight into its intended meaning.
Schedules: Schedules at the end of a statute often contain detailed explanations or
additional provisions that are important for interpreting the main text.
21. Explain Literal Rule of Interpretation: The literal rule involves interpreting the
words in a statute using their plain, ordinary meaning. Judges don’t consider external
factors, like the intent of the lawmakers or consequences of the decision. If the words
are clear, the court applies them exactly as written, even if the outcome is odd or
unexpected.
22. Explain Golden Rule of Interpretation: The golden rule is a modification of the
literal rule. It allows a judge to avoid an absurd result by altering the literal meaning
of the words slightly. The court sticks to the text’s meaning unless it leads to absurd
or contradictory results, in which case it interprets the words to avoid this.
23. Discuss the Role of Harmonious Construction: Harmonious construction is used
when there are apparent conflicts between different provisions of the same law. The
judge interprets the provisions in such a way that they do not contradict but instead
complement each other, giving effect to the entire statute.
24. Discuss Mischief Rule of Construction: The mischief rule, also called Heydon's
rule, focuses on determining the issue or “mischief” that the statute was intended to
correct. Courts interpret the statute in a way that suppresses the mischief and advances
the remedy provided by the statute. It considers the law’s purpose and the specific
problem it sought to address.
25. Statutes in Pari Materia in Interpretation of Statutes: This principle means that
statutes dealing with the same subject matter should be interpreted together. If two
laws concern the same issue, courts may interpret them in light of each other to avoid
inconsistencies and maintain coherence across laws.