Notes - Short Q&A - Summary Interpretation of Statutes PDF

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1. What is Interpretation of process which the Court seeks to ascertain the meaning of the Legislature medium of authoritative forms in which it is process which a judge (or indeed any person, lawyer or layman, who has occasion the meaning of a Statute) constructs from the words of a a he either bel...

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1. What is Interpretation of Statutes? “The process by which the Court seeks to ascertain the meaning of the Legislature through the medium of authoritative forms in which it is expressed” – Salmond The process by which a judge (or indeed any person, lawyer or layman, who has occasion to search the meaning of a Statute) constructs from the words of a statute-book a meaning which he either believes to be that of the legislature, or which he proposes to attribute to it, is called interpretation – Gray 2. Explain the Primary Rule of Interpretation? The Primary rule of interpretation is the art of finding the true sense of any form of words. (To give meaning to the words utter strictly or in accordance to the intention of the author). 3. Explain the role of preamble in interpretation of the Constitution of India? The constitution including the Preamble, must be read as a whole and in case of doubt interpreted consistent with its basic structure to promote the great objectives stated in the Preamble. Similarly, the repeal of a preamble simplicity will not effect the construction of the Statute. 4. What is Enabling Statute? Enabling Statute: Tax, fee or charge be levied by the subordinate Legislation without authorisation of. 5. Explain the term ‘Person’ as per General Clauses Act, 1897? Person shall include any company or association or body of individuals, whether incorporated or not. 6. Explain “Noscitur a Sociis” The maxim means that the meaning of a word can be gathered from the content, or by the company it keeps. The associated words indicate a guideline for ascertaining the meaning of a doubtful word. Where the meaning is clear the maxim has no application but where it is doubtful, the meaning has to be ascertained by considering the company in which it is found or the meaning of the words associated with it. 7.

Expalin the term Pari Materia? It is a doctrine in statutory construction that statutes that are in pari materia must be construed together. Where acts are so related as to form a system or code of legislation and when they relate to same persons or things or the same class of persons or things or have the same purpose or object, the statutes are called in pari material.

8. Explain the Doctrine of Prospective Over Ruling? Law should be certain and parties should know where they stand. Therefore, consistent view taken by the High Court on the interpretation of a State Act, which held the field for a

number of years would not be readily overruled by the supreme court even if a different view were possible. 9. Explain Heydon’s Rule of Construction or Mischief Rule? The Mischief rule of Construction as set out in Heydon’s case, when faced with ambiguous words looks at the common law, the mischief not addressed by the common law, the remedy of the new law and the reason for the new remedy, supresses the mischief and advances the remedy. 10. Explain the term ‘Swear’ according to General Clauses Act. Swear, with its grammatical variations and cognate expressions, shall include affirming and declaring in the case of persons by law allowed to affirm or declare instead of swearing. 11. Define an Affidavit as per General Clauses Act? Affidavit shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing. 12. Explain the term ‘Registered’ as per General Clauses Act? Registered, used with reference to document, shall mean registered in India under the law for the time being in force for the registration of documents. 13. Define ‘Moveable Property’ as per General Clauses Act? Moveable Property mean property of every description, except immovable property. 14. State importance ‘Explanations’ in a Statute. Explanations are inserted with the purpose of explaining the meaning of particular provisions and to remove doubts which might creep up if the explanation had not been inserted. 15. What is mandatory Statute? Where the enactment prescribes that the contemplated action be taken without any option or discretion, then such statute or enactment will be called mandatory. 16. State and explain the Strict Rule of Construction? The Rule of Strict Construction applied mainly to penal statutes, states that in statutes improving criminal or other penalties if there appears any reasonable doubt or ambiguity, it will be resolved in favour of the person whose would be liable to the penalty. 17. Explain the doctrine of Severability. Doctrine of Severability is employed by the Constitutional Courts to sever the invalid from the rest of the enactment if it can be done when two are distinct when the constitutionality of the enactment is challenged. 18. State and explain the principle applied in construing a Penal Act?

A penal statute has to be strictly construed, clear language is needed to create a crime and impose a penalty, the rule exhibits preference for the liberty of the subject and in case of ambiguity enables the Court to resolve the doubt in favour of the subject. 19. Define ‘Good Faith’ as defined under General Clauses Act? A thing shall be deemed to be done in ‘good faith’ where it is in fact done honesty. Whether it is done negligently or not. 20. Define ‘Father’ as defined in the General Clauses Act, 1897? Father, in case of any one whose personal law permits adoption, shall include an adoptive father. 21. Explain ‘Delegatus non potest delegare’. A delegated power cannot be delegated. This rule applies wherever the authority involves a trust or discretion in the agent for the exercise of which he is selected. But does not apply where it involves no matter of discretion, and it is immaterial whether the act can be done by one person or another, and the original agent remains responsible to the principal. In short – A delegated power cannot be re-delegated. 22. Give importance of Legislative Debates? The importance of legislative debates is of beneficent interpretation to a provision in an Act. 23. What is ‘Short title to the Act’? The Act is known by the title. It is generally mentioned in the first section of the Act. It also appears at the beginning of the Act. 24. Explain the term ‘District Judge’ under the General Clauses Act, 1897? District Judge shall mean the Judge of a Principal Civil Court of Original Jurisdiction, but shall not include a High Court in the exercise of its ordinary or extraordinary original civil jurisdiction.[Sec 3(17)] 25. What is ‘Vessel’ as defined in the General Clauses Act, 1897. Vessel shall include any ship or boat or any other description of vessel used in navigation. 26. State and explain the rule of Literal Construction. The rule of literal construction emphasizes the giving of ordinary meaning to words and phrases according to the rules of grammar and technical meaning to words and phrases of technical legislations if they have acquired act. 27. What is codifying statute? A codifying statute is one which purports to state exhaustively the whole of the law upon a particular subject involving both pre-existing statutory provisions as also the common law rules relating to the matter. 28. Explain the importance of Historical Background as an aids of interpretation.

The historical facts and surrounding circumstances of a statute means the course of events which gave use to the enactment. The court may take into account such external or historical facts as may be necessary to understand the subject matter of the statute or to have regard to the surrounding circumstances. 29. Name any three Internal Aids to Statutory Interpretation. The Aids to interpretation clause or definition sections are (a) Restrictive or Extensive Definitions; (b) Ambiguous Definitions; (c) Definitions are subject to a contrary context. 30. What is the purpose of Interpretation of Statutes? The object or purpose is to help the judge to ascertain the intention of the legislature – not to control that intention or to confine it within the limits which the judges may deem reasonable or expedient. The greatness of the Judge would depend upon his capacity to guess the object of the legislature and how the legislature intended to achieve that object correctly and mould them accordingly. Salmon writes, “the essence of law lies in the spirit, not its letter, for th eltter is significant only as being the external manifestation of the intention that underlines it.” The primary rule of interpretation is the art of finding the true sense of any form of words. 31. What is Sententia Legis? Sententia Legis is 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. 32. Explain in brief the maxin Causus Omissus. Casus Omissus means a point unprovided for by a statute. A case not provide for (as by a statute) and therefore governed by common law. 33. What is the meaning of ‘Express Repeal’? The use of any particular form of words is not necessary to bring about an express repeal. All that necessary is that the words used show an intention to abrogate the Act or provision in question. 34. Define Immovable property as laid down in the general Clauses Act, 1897? Immovable property shall include land, benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to earth. 35. What do you mean by absurdity? Absurdity according to Willes J should be understood in the same sense as repugnance that is to say something which would be so absurd with reference to the other words of the statute as to amount to a repugnance. 36. What is Harmonious Construction?

When there are in an enactment two provisions which cannot be reconciled with each other, they should be so interpreted that, if possible, effect should be given to both. 37. Explain the term “Abet’ as per General Clauses Act, 1897? ‘Abet’ with its grammatical variations and cognate expressions shall have the same meaning as in the Indian Penal Code (45 of 1860). 38. What is the meaning of ‘Execution or ouster of Jurisdiction’? The extend of exclusion will largely depend upon a construction of the provision enacted for that purpose but in case of doubt it is familiar approach to co-relate the section excluding civil court’s jurisdiction with other sections in the same statute providing special remedies, for a contrary construction would lead to a vacuum. 39. What is the presumption about the territorial of a statute? The law of one state may in certain circumstances have to be recognised and given effect to by courts in another state; but that by otself will not make such law extra-territorial. 40. What is the meaning of a ‘Proviso’? The normal function of a proviso is to except something out of the enactment or to qualify something enacted therein which for proviso would be within the purview of the enactment. 41. What is the meaning of ‘Mens Rea’? Is it applicable to the offenses under the Indian Penal Code? Mens Rea means some blameworthy mental condition whether constituted by knowledge or intention or otherwise. It is applicable to the offenses under the Indian Penal Code. 42. What is the meaning of ‘Remedial Statutes’? The widest operation which its language will permit. The particular case should be seen whether it is within the mischief to be remedied and falls within the language of the enactment. 43. What is the meaning of ‘Operation of Statute’? An Act comes into operation on the day it receives the Presidential Assent and is construed as coming into operation immediately on the expiration of the day preceding its commencement. For e.g. If a Central Act is assented to by the President on January 26 th at 10.30 AM., it would be construed to have come into operation on the midnight between 25 th and 26th January. 44. What is the Rule about ‘Anomaly’? While selecting out of different interpretations the court will adopt that which is just, reasonable and sensible rather than that which is none of those things. 45. What is the Doctrine of ‘Implied Over Ruling’?

The word implied is used in contrast to express i.e. where the intention in regard to the subject matter is not manifested by explicit and direct words, but is gathered by implication and is overruled. 46. Explain the concept of ‘Ejusdem Generis’? When there are specified words followed by general words the meaning of the general words shall follow the specific words. The general words shall have restricted meaning to the specific words. 47. Explain Ouster or exclusion of Jurisdiction?...