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4.2 External Aid

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9 views17 pages

4.2 External Aid

Uploaded by

Md Rony
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Aids to Interpretation

External Aids
?
• Who can interpret a statute?
• Can the national court of Bangladesh accept the decision of a foreign court?
• Can the meaning of ‘tea’ define within the category of ‘food’?
• Is the meaning of ‘sugarcane’ fall under the category of ‘green vegetable’?
• The meaning of ‘backward section of citizens’ is absent in the Constitution.
How can you define the concept? Under whose assistance?
• The Code of Criminal Procedure clearly says that evidence can be recorded only
in the presence of the accused. Can video conferencing be recorded as evidence?
External Aids

• External aids are resorted to when ambiguity persists even after exhausting the
internal aids.
• In order to find out the intent of the legislature in a true sense, external aids like
parliamentary debates, dictionaries, etc. can be looked upon.

B. Prabhakar Rao v. State of Andhra Pradesh


“Where internal aids are not forthcoming, we can always have recourse to external
aids to discover the object of the legislation. External aids are not ruled out. This is
now a well-settled principle of modern statutory construction.”
Dictionary

• When a word is not defined in the Act, it is permissible to refer to dictionaries.


• Though dictionaries are not to be taken as authoritative in regard to the meanings
of the words used in statutes.
• In Rev. Stainslaus v. State of M.P. (1977) SC the court quoted the meaning of the
word ‘Propagate’ from the Oxford and Century dictionaries.
• Bihar v. R.K.Singh (1983) SC observed that the dictionaries can always be referred
to in order to ascertain not only the meaning of the word but also the general use of
it.
AR Antulay v RS Nayak
While it may be permissible to refer to dictionaries to find out the meaning in which a
word is capable of being used or understood in common parlance, the unrestricted
reference to the dictionaries should be avoided and the well known canon of
construction that the meaning of the words and expressions used in a statute
ordinarily take their color from the context in which they appear, should be kept in
mind.

Ram Naraian v. State of U.P.


In selecting one out of various meanings of the word regard must always be had to the
context as it is a fundamental rule that the meanings of the words and expressions
used in an Act must take color from the context in which they appear.

Example: ‘Copyright’ means copyright under this Act (Copyright Act 2000)
Text Book
Courts often refer text books in order to find out the meaning of particular
expression in the statute. However, the courts are not in any way obliged to accept
the views of the author of the text books and the court has the discretion to come to
a decision contrary to the views of the authors of text books. In Bastin vs. Davies
(1950), Lord Goddard, CJ observed – “Court would never hesitate to disagree with
the statement in a text book, however authoritative, or however long it had stood, if
it thought to do so”.
Parliamentary History

• Parliamentary history may include:


• The bill in its original form or the amendments considered during its
progress in the Legislature
• Statements of Objects and Reasons (Speech of the minister)
• Parliamentary debates
• Reports submitted by different Committees and commissions

• These were not used as an aid to interpretation initially. However, occasionally


courts have adhered to use them for expounding the true meaning of legislation.
Indira Sawhney v. UOI (1993)

While interpreting Article 16(4) of the Constitution the Supreme Court referred to Dr.
Ambedkar’s speech in the Constituent Assembly as the expression backward class of
citizens’ is not defined. The court held that reference to Parliamentary debate is
permissible to ascertain the context, background and objective of the legislatures but at
the same time such references could not be taken as conclusive or binding on the
courts.
Historical Facts & Surrounding Circumstances

• These are essential to understand the subject matter of the statute or to have regard
to the surrounding circumstances which existed at the time of passing of the statute.
• According to Blackstone, the most universal and effectual way of discovering the
true meaning of a law, when the words are dubious, is by considering the reason
and spirit of it, or the cause which moved the legislators to enact it.
Keats v. Lewis (1911)
In the construction of statutes it is, of course at all times and all circumstances
permissible to have regard to the state of things existing at the time the statute
was passed and to the evils which appear from the provisions, it was designed
to remedy.
Commr. of Income Tax, M.P. v Socha Devi (1958)
When the words used are ambiguous that they would stand to be examined and
construed in the light of the surrounding circumstances.
Foreign Judgments

• Reference to decisions of the English Courts was a common practice


• However, courts have also referred to American decisions, especially when
matter is connected with Fundamental Rights.
• These judgments have persuasive value, when there is no law on point.
• Code of Civil Procedure 1908 (Section 13 & 14)

General Electric Company v. Renusagar Power Company (1987)


When guidance is available from SC decisions, reference to foreign
decisions may become unnecessary.
International Law

Reference to international law can only be made when there is absence of domestic
jurisprudence on the impugned matter.

Ex. Meaning of ‘custody of child’ in Anika Ali, daughter of late Kazi Haider Ali vs
Rezwanul Ahsan, son of Monjurul Ahsan Munshi [p.11-15]
International Law

Article 25 of the Constitution of Bangladesh: The State shall base its international
relations on the principles of respect for national sovereignty and equality, non
interference in the internal affairs of other countries, peaceful settlement of
international disputes, and respect for international law and the principles
enunciated in the United Nations Charter, and on the basis of those principles shall
–
(a) strive for the renunciation of the use of force in international relations and for
general and complete disarmament;
(b) uphold the right of every people freely to determine and build up its own social,
economic and political system by ways and means of its own free choice; and
(c) support oppressed peoples throughout the world waging a just struggle against
imperialism, colonialism, or racialism.
External Aids to Interpretation

• Text Books
• Subsequent Social Changes
• Scientific Inventions
• Stare Decisis
• Scholarly Article

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