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INTERPRETATION OF STATUTES FULL NOTES AS PER KSLU SYLLABUS - Yasmeen Tabassum (Vice Principal Al-Ameen College of Law) UNIT I

BASIC OR GENERAL RULES OF INTERPRETATION Primary function of the court is interpretation of statutes court interprets the legislation whenever the case comes before the court the will of the legislature is to interpret & find out the intention of the legislature in the language used by it in the statute. The courts cannot arbitrarily & consequently interpret but there have to be certain principles which have to evolve out of the continuous exercise by the court. The principles are sometimes called rules of interpretation. Interpretation means the art of finding out the true sense of an enactment even though the same does not appear if the words used in the enactment are given their natural meaning.

A statute is the will of the legislature; it may have the following particulars. 1. Short tittle. 2. Long tittle. 3. Preamble. 4. Marginal Notes. 5. Headings of a group of sessions or of individual sessions. 6. Definition of Interpretation of clauses. 7. Provisions. 8. Illustrations.

9. Exceptions & saving clauses. 10. Explanations 11. Schedules 12. Punctuations. If it feels that legislature has expressed itself unambiguously, the court will not deviate from the grammatical meaning as that is the will of the legislature. In Ramawater V/S Asst sales Tax officer (AIR 1961 SC 1325) The question was sale of beetle leaves could not be taxed because they are vegetables which were not subject to sales tax. Held by SC that beetle leaves have been use in its ordinary sense so it is not vegetable. CLASSIFICATIONS OF STATUTES Statutes basically are classified according to they durations, methods, object, & extent of applications. 1. Classification based on duration 2. Classification with reference to method and 3. Classification with reference to object. Classification based on the duration: This type of classification is based on the time period, 1. Temporary. 2. Permanent. A temporary statute is one where its period of operation or validity has been fixed by the statute itself such statute continues in force unless it has been repealed earlier until time is fixed. E.g. Finance Act is a temporary Act, & it requires to be passed every year.

Permanent statute is one where no such period is mentioned but this does not make the statute unchangeable, such statutes may be amended, or replaced by another statute. E.g. Classification with reference to method: There are two classification based on method 1. Mandatory or imperative or obligatory Statute 2. Directory or Permissive Statute Mandatory Statutes are those which compel the performance of certain things or it compels certain things to be done in certain manner or form. These provisions have to be strictly followed. A directory Statute merely directs or permits a thing to be done without compelling its performance. The neglect of these statutes involves nothing more but liability to a penalty. Substantial compliance of directory provision is sufficient. CLASSIFICATION REGARDING OBJECT: 1. Codifying statutes 2. Consolidating statutes 3. Declaratory statutes 4. Remedial statutes 5. Enabling statutes 6. Disabling statutes 7. Penal 8. Taxing statutes 9. Explanatory statutes 10. Amending statutes 11. Repealing statutes 12. Curative & validating statutes. INTERNAL AIDS OF CONSTRUCTION

various parts of the same statute pressed into service by the courts for construing anyone of its provision, are called internal aids to construction, such aids can be invoked under the circumstances, whenever difficulty arises as to the meaning of the statututory provision due to the ambiguity of the words & true intention of the legislature cannot be inferred from the language, in such context it is required to read the statute as a whole following the principle of ‘ex visceribus actus’, & every part of the statute may be called internal aid. Various parts of the which constitutes internal aids to construction: 1. Title 2. Preamble 3. Headings 4. Marginal notes 5. Punctuation notes 6. Illustrations 7. Proviso 8. Explanation & 9. Schedules. Title: earlier was not considered as important part of statute, & was not used for interpretation, According to Jus SR Das, title is an important part of the statute & is used for ascertaining its general scope & throwing light on its construction. True nature of is to be ascertain not by title but by its substance. Two kinds of titles, short title & long title Acc to Justice Donovan ‘long title is a legitimate aid to construction, where there is doubtful or ambiguous, long title may be looked into to resolve that ambiguity or doubt but in the absence of doubt or ambiguity, the meaning of the statutes cannot be narrowed down. Use of the title for resolving an ambiguity. Limitations of title as Internal Aids:

1. Title has no role to play where the words are precise & bear only one meaning. 2. Title can be called in aid only when there is an ambiguity in the language. 3. Cannot be used to narrow down or restrict plain meaning of language. 4. Title cannot prevail over clear meaning of an enactment . 5. Nature of statute can be determined by statute ¬ by title . Preamble : it is a part of the act & it reflects the object & scope of the statute(gist of law). Limitations : 1. It cannot be applied as long as the words are clear & precise, giving one meaning. 2. It can be resorted to only when the language of the provision is capable of alternative construction. 3. It cannot extend or limit the scope of the statute. 4. It cannot over ride the provisions of the act it can only give information on the generality of act. 5. In case of conflict b/w the provision & preamble, the latter would fail 6. If the provision do not accord with the preamble those provisions would cannot be invalidated on the grounds. 7. It cannot be used to control or qualify the clear & precise language of the enactment. 8. It cannot be regarded as source of any substantive power or any prohibition or limitation . Definition or interpretation clauses: meaning of the word to avoid uncertainty . Kinds ; 1. Restrictive or exhaustive.

2. Inclusive or extensive. Restrictive or exhaustive : which starts with the word means, Restrictive as it does not admit of anything more than what has been spelt in the act. Exhaustive: because of its comprehensive nature. E.g. India defined in sec 2(g) of Evidence Act. Meaning of deficiency, in consumer protection Act. In Bhuwalka Steel Industrial V/S Bombay Iron & Steel Labour Board(2010 2 SCC 273) the SC held that use of words means in definitions clause rules aside any meaning other than that dependent upon plain & unambiguous language of the provision . Inclusive or extensive definition: The definition, in which the word used includes is known as inclusive or extensive definitions. It is called inclusive because it embraces certain facets of meaning of words defined leaving other open. It is extensive because of the possibility of extension or expansion or enlargement of meaning of defined word . The meaning is not limited to what is provided but is capable of wider connotations . Eg. Court, defined u/sec3 of evidence act, it says court includes all judges & magistrates & all persons except arbitrators, legally authorized to take evidence . Sec2(p) of Crpc, places includes a house, building, tent, vehicles & vessel, the word includes widen the meaning of the expression defined. In Oswal Fats & oils LtdV/S Add Commissioner Bareilly dist Bareilly(2010 (4) SCC726) Exceptions to the rules that ‘Means is exhaustive & Includes is extensive: Even though the words includes is used in the definition extensive in nature yet in circumstances declared as exhaustive.

In Hemens (valuation Officer)V/S Whitsbury Farm & Stud Ltd(1988 1 All ER 72) Sec 2(3) of Rating Act 1971 was construed. Definition of ‘Livestock’, When both the words are used together to define a word, it is considered to be exhaustive in nature i.e. no further addition is possible to the enumerations already mentioned in the definition. In Bharath coop. Bank(Mumbai) Ltd V/S Coop Bank Employees Union(2007 4 SCC 685) the SC held the use of words means followed by the word includes in the definition is clearly indicative of legislative intent to make definition exhaustive. Headings: They are not passed by the legislature but are subsequently inserted after the bill has become law . They are of two kinds one which are prefix to the section & other which are prefix to a group or a set of sections . Acc to Lord Upjohn, while construing the act ,must read the cross headings as well as body of the act & that will always be a useful pointer as to intention of parliament . In Dhoundial V/S Union of India(2004 2 SCC 579) Headings can be relied upon to clear the doubt or ambiguity in the interpretation of the provision. Union of India V/S national Federation of the Blind(2013 10 SCC 772) Limitations of Headings : 1. They cannot be called in aid if words are precise,& having one meaning . 2. It can be referred only when language is open to more than one construction due to uncertain meaning of words . 3. They cannot cut down nor extend the plain meaning & scope of the words. 4. It cannot explain the clear & plain meaning of the word . 5. Heading of one section or one group of section cannot be used to interpret another section or group of section.

Marginal Notes: Are those notes printed on the side of the section, they are inserted by the draftsmen & not by the legislators. Earlier they were considered as aid to construction, but now as per majority of the opinions they are not considered helpful. Acc to Lord Reid, marginal notes cannot be used as aid to construction. Aside note is a poor guide to the scope of a section for it can do more than to indicate the main object with which the section deals . In Union of India V/S National Federation of the Blind(2013 10 SCC 772) It was held that the heading of a section or marginal note may be relied upon to clear of body of the section. Heading of sec 33 ‘reservation of Posts ‘in person with disabilities Act 1995 will not play a crucial role when section is clear & unambiguous. Limitation of Marginal Notes: 1. Marginal notes are not considered to be good aids of construction. 2. Only those marginal notes can be used which have been inserted by the legislation . 3. Marginal notes cannot be resorted to when only provisions are clear & giving only one meaning . 4. It can be used only when the language is ambiguous & when more than one construction is possible. 5. It cannot control the real meaning of the word of the statute. 6. Marginal note of one section cannot be used to interpret another section. Punctuation Marks: They are some conventional marks like ; , . Etc In Director of Public Prosecution V/S Schildkamp(1969 3 All ER 1640) here Lord Reid agreed that punctuations can be of some assistance in construction .

In Bihar SEE V/S Pulak Enterprises (2009 5 SCC 641) it was held that punctuations is a minor element in the interpretation of statutes, in cases of subordinate legislation. Limitations of punctuations : 1. no use as an internal aid. 2. Presence of comma or its absence should be disregarded if it is contrary to plain intention of statute. 3. It cannot expand or cut down the meaning of the words . Illustration: These are appended to the section of the act in order to explain the provision of law contained in that section . It may be considered that purpose of illustrations is to make the meaning of the section abundantly clear by giving examples . Mahesh Chandra Sharma V/S Rajkumar Sharma(AIR 1996 Sc 869) , the SC in this case stated observed that illustration is a part of the section & it helps to elucidate the principal of the section . Mudiliyar hatterjeeV/S International Film CO (AIR 1943 PC 34) In Bengal Nagpur Railways Co Ltd V/S Ruttanji Ramji(AIR 1938 PC 37) Limitations of illustrations: 1. Little use for interpretation as they are not part of the statutes. 2. They cannot be resorted to for construing the provision if words are clear 3. It can be considered only when language is ambiguous. 4. Cannot control the plain meaning 5. Cannot be used to curtail or expand the ambit of the sec. 6. Cannot modify the language 7. Cannot control the context of the section. Proviso: In some sections of the statute, after main provision is spelt clause is added like, ‘provided that..’Eg. Sec 23, Consumer Protection Act says “ any order arrived by an order by the National Commission in excise of its powers conferred by sub-clause (i) of clause(a) of sec

21 may prefer the an appeal against such order to SC within a period of 31 days. From the date of order: Provided that SC may entertain an appeal after the expiry of the said period of 30 days, if it feels satisfied that there is sufficient cause for not filing it within time “. The part of the section commencing with provided is called proviso. The principal of interpretation do not permit construction without referring to proviso attached to it . Actually proviso & section should be construed as a whole each portion throwing light on the other . The nature & function of the proviso is well explained in following cases : In CIT, Mysore V/S Indo Mercantile bank Ltd(Justice Kapur) He said that the proper function of a proviso is that it qualifies the generality of the main enactment by providing the main exception & taking out as it were from the main enactment, a portion which but for the proviso would fall within the main enactment. In Anil M.K V/S State of Kerala (2003, 11 SCC 632) It was held that the normal function of the proviso is to except something out of the enactment or to qualify something enacted therein which but for proviso would be within the purview of the enactment. A proviso to a section cannot be used to import into enacting part something which is not there but where enacting part is susceptible to several meanings, it may be controlled by proviso.

Limitations of proviso: 1. It is construed in relation to section to which it appears . 2. Proviso attached to one section or sub-sec cannot be used to qualify another section or sub-sec, nor it can be used to accept to any thing from any other section. In Union of India V/S Dilip Kumar Singh (2015 4 SCC 421)

Here it was held that though the proviso does not travel beyond provision to which it is appended, Golden Rule has to be applied to read the whole sec inclusive of the proviso in such a manner that they mutually throw light on each other & result in Harmonious construction. 1. If something is embraced by clear words in the enactment the proviso cannot be used to nullify the same or exclude something or include something in it by implication. When the main proviso is clear a proviso cannot be used to cut it down . 2. The ambit & scope of the enacting section cannot be widened or curtailed by the proviso. 3. Proviso cannot be used to frustrate the real object of the main enactment unless the words of the proviso are such that it is necessary effect. 4. Proviso to a sec cannot be used to import into enacting part something which is not there. Explanation: In some section explanation is appended after the statutory provisions. An explanation is considered to be part & parcel of the enactment. They can be many reasons for adding an explanation eg. To explain the meaning of the words contained in the section & to remove doubts, to include something in the ambit of main enactment or to exclude something from it , to clarify any obscurity or vagueness in the ,main enactment. While construing a provision, the explanation attached to it should not be neglected. Function of explanation is not to expand but only to explain. An explanation must be read in the view to harmonize & clear up ambiguity of the provisions of the section or rule. However the explanation should be restricted to the purpose for which it has been created & should not be stretched beyond the legitimate field.

It can neither be used for curtailing or enlarging the scope of the section . It can neither control the plain meaning of words of the section nor can have the effect the modifying the language of the section. Schedule: In many statutes the schedule is added at the end of the statute, they are considered as the part of the statute. They provide how claim under the act can be enforced or as to how the powers vested by virtue of the statute are to exercised & contained prescribed forms for working out the policy underlining the sections of the statutes . Purpose of statutes, it is avoid encumbering the sections with the matters of extensive details. Much importance is not attached to the schedule, but where the words in the statute are doubtful & uncertain in meaning, schedule may be used for throwing light on the section to determine the meaning. UNIT II EXTERNAL AIDS OF CONSTRUCTION Other than Internal Aids to interpretation which are part of the statute itself there are other aids which are not part of the statutes they are called External Aids. Like, dictionaries, text books, historical background, legislative history, pleadings, conveyancing, etc the question is whether these can be considered as external aid. In G Shaker V/S Geetha (AIR SC 2009 2469) In this case the report of the law commission of India may be looked into construction of statute. But the same would not prevail over clear & unambiguous provisions contained. When other statutes like other statutes or documents etc. are called in aid for the purpose of construing a provision, it is called external aids to construction.

Parliamentary History: most important function of legislature is enacting the law. In the process of making the law various stages are involved. 1. Before introducing the bill in the parliament, appoints a commission or an inquiry commission or joint parliamentary committee or a study group for collecting the background, such committee or commission to submit report. 2. In the light of contents of the report, a draft of proposed law is prepared. This is bill. 3. A bill not only outlines the scheme of law to be enacted but also contain the statement of object & reasons for which the proposed law is required to be legislated. 4. A Bill may originate in either of the Houses i.e. The bill may first be moved before the Raj Sabha & then lok Sabha. According to the procedure the bill has to pass three stages known as the first reading, second reading & third reading, first stage the bill is introduced in the house (no discursions) Second stage, consideration stage, in this stage the parliament holds discussions & debates on that bill & it is discussed clause by clause. At this stage amendment to the bill may also be moved. The same may be recorded. The third reading a brief general discussion of the bill takes place & the bill is finally passed. When the bill is passed by one house to another house, unless both the houses have given their ascend the bill cannot be deemed to have been passed. 5. When the bill is passed by both the houses it is sent to the president of India for his assent. It becomes law when it is ascended by the president. All this documents, materials created during various stages is called Parliament History. English practice, 1. Traditional practice, it rejects the parliamentary History as a good aid to construction, according to this view the intention of the makers

of the law is not gathered from Parliamentary History of law. The bill in their original form or along with their amendments, cannot be considered as an aid to construction. The speech of ministers in the parliament while enacting the law cannot also be considered as aid to constructions. The report of the debates held in the parliament while discussing the bill & the resolution passed are also not used for finding out the legislative intent. The courts can consider 1. External facts to understand the subj matter. 2. Mischief which is intended to be remedied by present statute . 3. The reports of commission . In black Clawson International Ltd V/S Papierwerk Aschaffenburg A.G.(1975 1 ALL ER 810 HL), It was held by the House of Lords that, the report of the committee presented t...