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Interpretation of Statutes - I: X-Trimester

The document outlines the topics that will be covered in an upcoming course on statutory interpretation over 6 units, including an introduction to statutory interpretation, general theories and rules of interpretation, internal and external aids to construction, subsidiary rules of interpretation, commencement and operation of statutes, and expiry and repeal of statutes. Key concepts that will be discussed include identifying legislative intent, canons of interpretation, and factors that influence a statute's commencement, operation, and termination.

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Subh Ashish
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52 views

Interpretation of Statutes - I: X-Trimester

The document outlines the topics that will be covered in an upcoming course on statutory interpretation over 6 units, including an introduction to statutory interpretation, general theories and rules of interpretation, internal and external aids to construction, subsidiary rules of interpretation, commencement and operation of statutes, and expiry and repeal of statutes. Key concepts that will be discussed include identifying legislative intent, canons of interpretation, and factors that influence a statute's commencement, operation, and termination.

Uploaded by

Subh Ashish
Copyright
© © All Rights Reserved
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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INTERPRETATION OF

STATUTES –I
X-Trimester

Faculty-in-charge
Dr. Debashree Sarkar
DECODING THE BASICS
Legislatur
e

Executive

Judiciary
Function of the Court

Do’s

Expound the meaning of the By identifying the ‘intent’ of


words/ interpret the law-maker
Interpretation/ Construction

“By interpretation or construction is


meant the process by which the courts
seeks to ascertain the meaning of the
legislature through the medium of the
authoritative forms in which it is
expressed.”
Salmond
Interpretation/ Construction
• “Interpretation differs from construction
in that the former is the art of finding out
the true sense of any form of words; that
is, the sense which their author intended to
convey, and of enabling others to derive
from the same idea which the author
intended to convey.”
Cooley
Interpretation/ Construction
• “Construction, on the other hand, is the
drawing of conclusions, respecting subjects
that lie beyond the direct expression of the
text; conclusions which are in the spirit
though not within the letter of the law.”
Cooley
What is a Statute ?
The Main Aim of Interpretation

To gather the intention of the


legislature
Some dimensions of the discussion
on ‘intention’
Will of the
makers

Give the legal


meaning of the
words

Express
Context of Language of
the Statute the Statute

Implicit in
the statute
Therefore….

• The expression ‘intention of the


legislature’ is a shorthand reference to the
meaning of the words used by the
legislature objectively determined with
the guidance furnished by the accepted
principles of interpretation.
Problem arises in cases of ambiguity

• Intent is to be ascertained from the mens or


sententia legis.

• If the language is imperfectly communicated,


or gives rise to more than one meaning in the
sense of ordinary conversation.

• Judges have to adopt methods to pave way


through such confusion.
The subjectivity of ‘language’

• The problem arises with the usage of


words as a medium of expression to
communicate a particular thought; as
words of any language are capable of
referring to different referents in
different contexts and times.
‘Border-line cases’
• “The question is essentially one of degree and
that it is impossible to fix any definite point at
which ‘maintenance’ ends and ‘repair’ begins.”
Lord Jowitt, L.C.

• “There is no possibility of mistaking midnight


from noon; but at what precise moment twilight
becomes darkness is hard to determine.”
Lord Cranworth, L.C.
Fringe Meaning
Fringe Meaning
‘Limitation of the legislature’
Therefore, “intention” assimilates
Meanin
two aspects
g

Purpos
e&
Object
Legislativ
e
intention
Let us figure out as to what
are we going to talk about in
the coming months….
UNIT- I
INTRODUCTION
AN INTRODUCTION
• Nature and Kinds of Indian Laws:
 Statutory- Non-Statutory
 Codified- Un-codified
 State Made and State Recognized laws
• Meaning and scope of ‘Statute’
• Basic Sources of Statutory Interpretation
 The General Clauses Act, 1897: Nature, Scope and Relevance (with
special reference to Sections 6 to 8 of the Act)
 Definition clauses in various legislations: Nature and
Interpretative Role
• The Mimansa Rules of Interpretation
UNIT-II
GENERAL THEORIES &
RULES OF
INTERPRETATION
IDENTIFY THE INTENT OF
THE LEGISLATURE
[A] General
• The Function of the Court
• Intention of Legislature
• Statute to be read as a Whole
• Construction ut res magis valeat quam
pereat
[B] Basic Canons of Interpretation
• The Primary Rule: Literal Rule
• Golden Rule
• Mischief Rule of Construction: Heydon’s
Case
• Rule of Purposive Construction
• Harmonious Construction
• Beneficial Construction
• Stare Decisis
UNIT-III
INTERNAL & EXTERNAL
AIDS TO
CONSTRUCTION
[A] INTERNAL AIDS TO
CONSTRUCTION
• Long Title and Short Title of the Act
• Preamble
• Preamble of a Statute
• Preamble of the Constitution
• Headings
• Punctuation
• Illustrations
• Definition
• Explanation
• Schedule
• Proviso, Exception and Saving Clause
[B] EXTERNAL AIDS TO
CONTRUCTION
• Parliamentary History
• Later Social, Political and Economic Developments
and Scientific Inventions
• Reference to other Statutes: Statutes in Pari Materia;
Reference to earlier and later Statutes
• Codifying and Consolidating Statutes
• Effect of Usage and Practice: Contemporanea
Exposito
• Dictionaries
• Foreign Decisions
UNIT-IV
SUBSIDIARY RULES OF
INTERPRETATION
Subordinate to Basic Rules
• Same word same meaning
• Use of different words
• Rule of last antecedent
• Non obstante clause
• Legal Fiction
• Mandatory and Directory Provisions
• Conjunctive and Disjunctive Words
• Construction of general words
UNIT-V
COMMENCEMENT &
OPERATION OF
STATUTES
Commencement of Statutes

• Prospective Operation
• Retrospective Operation
• Operation controlled on considerations of
constitutionality
• Operation controlled on considerations of
territorial nexus
• Other relevant considerations relating to
operations
UNIT-VI
EXPIRY AND REPEAL OF
STATUTES
TERMINATION OF A STATUTE
• Perpetual and Temporary Statutes
• Expiry of Temporary Statutes and its
Effects
• Repeal of Permanent Statutes: Express
and Implied Repeal
• Consequences of Repeal
• Subordinate Legislation under Repealed
Statute

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