INTERPRETATION OF STATUTE

1. Define the intrinsic and extrinsic aids: Intrinsic aids are those materials which
are found within the four corners of the statute and can be used to interpret it.
Define the intrinsic and Extrinsic aids are those materials which are outside the statute, such as the
extrinsic aids. legislative history, historical context, and other external sources.

Discuss the ‘Extrinsic Aids 2. Discuss the ‘Extrinsic Aids of Interpretation of statutes: Extrinsic aids are
of Interpretation of external sources that help in the interpretation of a statute, such as legislative
statutes. history, historical context, dictionaries, and other related statutes.

3. Discuss the 'Golden Rule of Interpretation' with the help of decided cases: The
Golden Rule of Interpretation is a rule of statutory interpretation that allows a
court to depart from the literal meaning of a statute in certain circumstances.
This rule is applied when a literal interpretation would lead to an absurd
Discuss the 'Golden Rule of result. For example, in the case of Adler v George, the court used the Golden
Interpretation' with the Rule to interpret the words “offensive weapon” in a statute to include a belt
help of decided cases. which was used to beat someone.
4. Discuss the role of Title & Schedules in the interpretation of statutes: The title
and schedules of a statute are important aids in interpreting a statute. The title
Discuss the role of Title & can give a clue about the scope and purpose of the statute, while the
Schedules in the schedules can provide details and definitions that are necessary for
interpretation of statutes. understanding the statute.
5. Evaluate the role of Illustration and Explanation in the interpretation of
Evaluate the role of Statutes: Illustrations and explanations are important tools in interpreting
Illustration and statutes, as they provide guidance on how to apply the law in different
Explanation in the situations. They can be used to clarify the meaning of the statute and help
interpretation of Statutes. avoid ambiguity in its interpretation.
6. Explain "Noscitur a Sociis": Noscitur a Sociis is a Latin term that means “known
by its associates”. This principle of interpretation suggests that the meaning of a
word should be interpreted in light of the words surrounding it. For
example, if the words “car, truck, and vehicle” appear together in a statute, the
word “vehicle” should be interpreted in the context of the other words and
Explain "Noscitur a Sociis". would likely include both cars and trucks.

7. Explain and illustrate the rules which the courts apply in interpreting the penal
statutes: Penal statutes are interpreted strictly by the courts, meaning that any
Explain and illustrate the ambiguity or uncertainty in the language of the statute is resolved against
rules which the courts the accused. The courts also apply the rule of lenity , which requires that any
apply in interpreting the doubts or ambiguities in the interpretation of a penal statute must be
penal statutes. resolved in favor of the accused.

8. Explain the "Doctrine of Pith and Substance": The Doctrine of Pith and
Substance is a principle of constitutional law that refers to the true nature and
character of a statute. The doctrine is used to determine whether a statute
falls within the legislative competence of the government that passed it. If a
Explain the "Doctrine of statute deals primarily with a subject that is outside the legislative competence
Pith and Substance". of the government, then it may be declared ultra vires.
9. Explain the classification of statutes based on different grounds: Statutes can
be classified based on different grounds, such as their subject matter, the nature
Explain the classification of of the provisions, and their scope and application. Some common types of
statutes based on different statutes include public and private statutes, declaratory and remedial statutes,
grounds. and enabling and regulatory statutes.
 10. Explain the distinction between proviso and Exception: A proviso is a clause
Explain the distinction in a statute that sets out a condition or qualification that must be met before
between proviso and the rest of the statute can be applied. An exception is a clause in a statute that
Exception. excludes a particular situation or circumstance from the operation of the statute .

1. The Doctrine of colourable legislation refers to the practice of making a law

appear to be constitutional when it is not. The legislature attempts to give an
Explain the Doctrine of impression of following the law while it actually violates the constitutional
colourable legislation. provisions. Law seems to be constitutional but it is not.
2. The doctrine of eclipse applies to a law that is valid at the time of its
enactment but becomes unconstitutional due to a subsequent
Explain the doctrine of constitutional amendment. Such a law becomes dormant or eclipsed and loses
eclipse. its legal force until it is revived by a subsequent amendment.
3. The rule of 'Ejusdem Generis' is a principle of statutory interpretation that
states that when a general term is followed by specific terms, the general
Explain the rule of term should be interpreted to include only things that are similar in nature
'Ejusdem Generis'. to the specific terms.

4. The rule of 'Harmonious Construction' is a principle of interpretation that

Explain the rule of seeks to reconcile conflicting provisions in a statute and give effect to all
'Harmonious Construction'. provisions in a way that is consistent with the overall purpose of the statute.

5. The rule of Mischief, also known as the rule in Heydon's Case, is a principle of
Explain the rule of interpretation that requires a court to look at the problem the statute was
Mischief. intended to solve and interpret the law in a way that addresses that problem.
can be used as an aid to 6. Precedent can be used as an aid to the interpretation of statutes to provide
the interpretation of guidance on the meaning and scope of ambiguous language in a statute,
statutes. but it is not binding on the court.
7. The doctrine of implication is a principle of statutory interpretation that allows
What is the doctrine of a court to infer additional terms or provisions in a statute when it is necessary to
implication? give effect to the purpose or intention of the legislature.

What is the meaning of 8. Statutory discretion refers to the power given to a public authority to
statutory discretion? exercise its own judgment in certain areas of decision-making under the law.
Can a statute operate
retrospectively? State the 9. A statute can operate retrospectively in certain circumstances, such as when it
general principles and is necessary to correct an error or to provide for a legal obligation that existed
discuss the circumstances prior to the enactment of the law. The general principle is that retrospective
under which retrospective operation is not favored unless the statute expressly provides for it or it is
operation of statutes is necessary for the statute's effectiveness.

10. The doctrine of retrospective operation of statutes refers to the application

Discuss the doctrine of of a statute to events or transactions that occurred before the statute was
retrospective operation of enacted. It is generally disfavored, but may be allowed if it does not violate the
statutes. Constitution or established legal principles.
Explain the "Doctrine of
Retrospective Operation of
Statutes".
What maxim is used to 11. The maxim used to express the doctrine of retrospective operation of
express the doctrine of statutes is "nova constitution futuris formam imponere debet non
retrospective operation of praeteritis" or "a new law ought to regulate what is to come and not the
statutes? Write its name. past."
Discuss the scope of
judicial review of
delegated legislation, with 12. The scope of judicial review of delegated legislation involves examining the
special reference to the legality, rationality, and procedural fairness of the delegated legislation. The
applicability of conclusive conclusive evidence clause may limit the court's review, but it is not absolute.

13. The presumptions in favor of constitutionality of a statute include the

What are the presumptions presumption of the constitutionality of the legislative process, the presumption
in favor of of the constitutionality of the statute, and the presumption of the legislature's
constitutionality of a knowledge and intention. The effect of constitutionality is that the statute is
statute? What are the deemed valid and enforceable unless it is challenged and found to be
effects of constitutionality? unconstitutional.
What are the rules for 14. The rules for interpretation of the Indian Constitution include the golden
interpretation of the rule, the literal rule, the purposive rule, and the contextual rule. These rules
Indian Constitution? are used to interpret the provisions of the Constitution in a manner that is
Explain. consistent with its purpose and intent.

What are the rules of 15. The rules of construction of the constitution refer to the principles used to
construction of the interpret the Constitution, such as the presumption of constitutionality, the rule
constitution? of harmonious construction, and the doctrine of implied powers.

16. Penal statutes are interpreted strictly because they involve the deprivation of
Penal statutes are to be liberty or property. This means that any ambiguity or doubt in the wording of
interpreted strictly. Explain. the statute is resolved in favor of the accused.
What are the Strict The strict construction of statutes refers to the interpretation of a law in a narrow
Construction and Penal and limited manner, while penal construction refers to the interpretation of a
Construction of statutes? penal statute in favor of the accused.

What do you mean by Literal or grammatical interpretation is an approach to statutory interpretation

"Literal or Grammatical that gives primary importance to the plain meaning of the words in the
Interpretation"? statute, without considering the context or purpose of the law.
What do you mean by
Construction in Bonam Construction in Bonam Partem is a rule of interpretation that requires a court to
Partem? interpret a law in favor of the person or party affected by it.

Interpretation refers to the process of understanding and explaining the

What do you mean by meaning of a legal text, while construction refers to the process of applying
Interpretation? that meaning to a particular case or situation.

Beneficial and restrictive construction are approaches to statutory interpretation

What is Beneficial and that respectively favor a broad and liberal interpretation of a law to achieve its
Restrictive Construction? purpose, or a narrow and strict interpretation to limit its scope.
The Materia Rule is a principle of interpretation that requires a court to look at
What is meant by the the subject matter and context of a law to determine its scope and application,
Materia Rule? Explain with and has been established through leading cases such as the Bank of India v.
the help of leading cases. Jamsetji A.H. Chinoy case in India.
What are the elements for The elements for the application of the doctrine of territorial nexus include the
the application of the presence of a connection between the territory of a state and the subject matter
doctrine of territorial of the law, as well as the territorial jurisdiction of the state and the intent of the
nexus? law to apply within its territory.
The Doctrine of Implication is a principle of statutory interpretation that allows a
Explain the 'Doctrine of court to read into a law certain provisions that are necessary or implied by the
Implication'. context and purpose of the law.
Explain the difference The difference between interpretation and construction is that interpretation
between Interpretation involves understanding the meaning of a legal text, while construction involves
and Construction. applying that meaning to a particular case or situation.