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Interpretation of statutes
Short Notes
1) Codifying statute.
2) Golden rule.
3) Mandatory statute.
4) Noscitur-a-socis.
5) Preamble.
6) Parliamentary history.
7) Vicarious liability.
8) International convention. (2)
9) Committee report.
10) Public statute.
11) Immovable property.
12) Person.
13) Will.
14) Non obstante clause.
Long answers
1) Explain the aim and objective of general clauses act.
2) State and explain the classification of statutes.
3) What is mischief rule? Discuss the rule with the help of decided case law.(2)
4) Define interpretation. Explain general rule of interpretation.
5) Explain the principles statutes affecting jurisdiction of courts.
6) Explain the principle statute must be read as a whole with decided cases.
7) What do you mean by legal fiction? Discuss the principles governing in
interpretation of legal fiction.
8) Explain the concept of conjunctives and disjunctives with the help of cases.
9) Explain rule of ejusdem generis principle with the help of decided case laws.
10) Explain preamble and punctuations as internal aids of interpretation.
11) Discuss the importance of external aid is interpretation of statutes explain
external aid with relevant cases.(3)
12) Explain the interpretation of statute affecting jurisdiction of courts.
13) Discuss principles of governing interpretation of penal statute. Penal statute are
strict statute explain with decided case law. (2)
14) Explain principles governing interpretation of remedial statute. Explain
remedial statute are liberal statute with the help of decided case law. State and
explain difference between remedial and penal statute. (3)
15) Discuss commencement and operation of statute.
16) Explain the significance of expiry and repealing of statute what are the types of
repeal explain the consequences of repeal.(2)
17) Describe the various modes of interpreting constitution. (3)
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Short Notes
Q.1) Consolidating Statute
1) Introduction :-
Consolidating statute is a statute which present whole body of statutary law on
the subject in complete form repealing the former Statute.
It is statute which consolidated various law on a perticular subject at one place.
It collect's all statutory enactment on a specific subject and gives them a form
of a statute .
Eg. Companies Act.
2) Meaning of Codifying statute -
A codifying Statute which is the one which purports to statute exhaustively the
whole of the law upon a particular subject, the draftsman attempting to comprise in
which code both the pre-existing statutory provisions and also, rules relating to the
matters.
➢Codifying Statute is one which Codifies the law.
➢The code contains The pre-existing provision in different statutes on the subject
as well as The common law on it.
➢The purpose of a Codifying Statutes is to Present an orderly and authoritative
Statement of the leading rule of Law on a given subject whether those rules are to be
found in statute Law or common law.
3) Case Law
➢In Joseph Peter V.State of Goa ,Daman and Diu AIR 1977 SC 1812, the court
laid down that a code is self contained and complete and that marks a distinction
between a code and ordinary law.

Q. 2) Golden Rule of Interpretation

Ans: Synopsis
1) Introduction :-
The Golden rule, or British rule, is a form of statutory interpretation that allows
a judge to depart from a word's normal meaning in order to avoid an absurd result.
It is a compromise between the plain meaning (or literal) rule and the mischief
rule. Like the plain meaning rule, it gives the words of a statute their plain, ordinary
meaning.

In the case of homographs, where a word can have more than one meaning, the
judge can choose the preferred meaning; if the word only has one meaning, but
applying this would lead to a bad decision, the judge can apply a completely different
meaning.
This rule may be used in two ways.
Narrow sense :-
It is applied most frequently in a narrow sense where there is some ambiguity
or absurdity in the words themselves.
For example, imagine there may be a sign saying "Do not use lifts in case of
fire." Under the literal interpretation of this sign, people must never use the lifts, in
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case there is a fire. However, this would be an absurd result, as the intention of the
person who made the sign is obviously to prevent people from using the lifts only if
there is currently a fire nearby.
wider sense :-
The second use of the golden rule is in a wider sense, to avoid a result that is
obnoxious to principles of public policy, even where words have only one meaning.
Example: The facts of a case are; a son murdered his mother and committed
suicide. The courts were required to rule on who then inherited the estate, the mother's
family, or the son's descendants. There was never a question of the son profiting from
his crime, but as the outcome would have been binding on lower courts in the future,
the court found in favour of the mother's family.
2) Advantages of the Golden Rule :-
An apparent advantage of the rule is that it allows the judge to modify the
meaning of words to remove absurdity and apply the modified term effectively in the
case at hand.
When the literal rule of interpretation fails to achieve clarity, the golden rule
steps in to help the court.
It guides the judges in applying appropriate principles while interpreting the
meaning of the statute.
It takes away the requirement of amending the legislation to make minute
changes as the judges can do that for the Parliament.

3) Disadvantages of the Golden Rule :-

• The golden rule is restricted in its use as it can be used only when the literal
rule leads to ambiguities in interpretation. Its use thus becomes limited and rare.
• It is unpredictable and lacks guidelines.
• One of the main disadvantages of the rule is that judges can twist the meaning
of the words and change the law. This would cause a disbalance in the separation of
powers.

Q. 3) Mandatory statute
Ans : Synopsis :
1.Introduction.
2. Meaning and definition of mandatory statute.
3. Conclusion
1. Introduction :
Mandatory statute Have an important role in ‘interpretation of statutes
Many times a question arises before the Court that whether an enactment or its
provision is of Mandatory or Directory Nature.
In such situations, rules of interpretation are applied.

2. Meaning and definition of mandatory statute :

Means such Statutes whose provisions are required to be followed as they are.
Their performance can neither be avoided nor can be construed.
They cannot be ignored also.
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It is one which compels performance of Certain things or compels that a certain

thing must be done in a Certain manner or form.
It is a statute which leaves nothing to the discretion of theCourt in respect of
compliance with its terms.
It relates to matters of substance, affectsSubstantial rights and is very essence
of the thing required tobe done.
A mandatory provision in a statute is one which if not followedRenders the
proceeding to which it relates illegal and void.
3. Conclusion :
The classification of statutes as mandatory and directory is useful in analyzing
and solving the problem of what effect should be given to their directions.
But it must be kept in mind in what sense the terms are used

4) Noscitur-a-sociis
Ans : Synopsis :
1. Introduction
2. Definition and meaning of Noscitur-a-sociis.
3. Applicability of rule A
4. Scope of rule
5. Applicability of rule in Indian judiciary
6. Conclusion

1. Introduction :
Every word has a place in every sentence, which means that every word has
twounderstandings with it.

One, denotation, and two, connotation. Denotation refers to the actual meaning
of the word, and connotation is the meaning of that word according to the placement
of the word in that particular sentence.
Both these understandings are used in order to apply the rule of noscitur a socii
for the purposes of interpretation.
2. Definition and meaning of Noscitur-a-sociis :
The term has Latin origins, with noscitur meaning knowing, a meaning with,
and socii meaning association.
It refers to ‘knowing with association.’

3. Applicability of rule :
➢The applicability of this rule of interpretation arises.
➢when a word or phrase in question cannot be interpreted in isolation and requires
the words that surround it to also be understood in order to better grasp the concept.

4. Scope of rule :
➢The scope of this rule of interpretation is limited, for it can only be applied in the
circumstances where the law was either not clear or it was ambiguous.
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➢Otherwise, when there are no apparent problems with interpretation, the rule
cannot be used.

5.Applicability of rule in Indian judiciary :

➢There have been several notable cases in the courts where the noscitur a sociis
rule was applied.
➢Although it wasn’t always referred to by that exact name ➢In the case of State
of Assam v. Ranga Muhammad.
➢THe court applied the rule of noscitur a sociis to determine whether the High
Court needed to be consulted by the Governor when transferring a sitting Judge.
➢The court found that, in this context, the word “posting” was associated with
“appointments” and “promotions,”
➢But it couldn’t be extended to include “transfer.” Therefore, the Governor had to
consult the High Court in such a situation.
6. Conclusion :
Noscitur a sociis” is a valuable tool in legal interpretation
Because it helps ensure that the words and phrases in a legal text are
understood in a way that aligns with the overall legislative or contractual intent, rather
than in isolation.
Which could lead to misinterpretation or unintended consequences.
It assists judges, lawyers and legal scholars in making sense of potentially
ambiguous language within the law.

Q. 5 ) Preamble
Meaning of Internal Aids to Interpretation of Statutes

Internal aids to the interpretation of Statutes refer to the tools or elements

inherent within a statute. These aids allow the court to derive the statute’s meaning
without relying on external references.
By examining the content within the statute, such as specific provisions or
clauses, it becomes possible to interpret its intended meaning.
Preamble
The preamble of an Act serves as an internal aid to interpretation as it outlines
the main objectives and reasons behind the legislation. When the language of a
provision within an Act is clear and unambiguous, the preamble generally does not
play a significant role. However, if multiple interpretations are possible, the preamble
can assist in ascertaining the true meaning of the provision.
The preamble is typically located on the first page of the Act, although it is
worth noting that modern acts are often drafted without a preamble, diminishing its
importance.
In the case of State of West Bengal v. Anwar Ali, the constitutionality of
Section 5 of the West Bengal Special Courts Act, 1950 was challenged on the grounds
of violating Article 14 of the Constitution. This provision empowered the state
government to select specific cases to be tried by special courts with distinct
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procedures. The Supreme Court referred to the preamble of the Act and determined
that the state government had the discretion to choose such cases.

Limitation of Preamble as Internal Aid:

The preamble can be resorted to only when the language of a provision is
reasonably capable of alternative construction. i.e. when the provision is ambiguous,
obscure, indefinite.
The preamble cannot either restrict or extend the meaning and scope of the
words used in the enacting part.
In case of conflict between Preamble and a section, the section shall prevail
over the preamble.
The preamble cannot be regarded as a source of any substantive power or of
any prohibition or limitation.
A preamble retrospectively inserted into an earlier Act is not of much
assistance for gathering the intention of the original Act. Similarly, it seems the repeal
of a preamble simpliciter will not affect the construction of the Statute.
Conclusion:
The preamble sets out the main objects of the Act, its scope and purpose and
the mischief to be remedied. It is an admissible aid to construction when a provision in
enactment is ambiguous, obscure, indefinite, it cannot however, control plain meaning
of provision. In case of conflict between Preamble and a section, the section shall
prevail over the preamble.

Q.6) Parliamentary History

Ans : Synopsis :
1. Introduction
2. What is external aid to IOS
3. Parliamentary history
4. Conclusion

1. Introduction :
• • Using external aids for interpreting statutes plays a crucial role in legal
analysis.
• • These aids provide valuable insights and guidance to understand the meaning
and intent behind legislative provisions.

2. What is external aid to IOS :

• External aids to interpreting statutes are sources of information and
guidance
• Utilized by courts and legal professionals to understand the meaning and intent
behind a particular statute.
• These aids are external to the statute’s text and provide supplementary context
for its interpretation.
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3. Parliamentary history :
• • Parliamentary history is another external aid to the interpretation of statutes
and comprises the original form of statutes presented before the legislature’s
enactment.
• • Previously, Parliamentary History did not serve as a tool for interpreting
statutes.
• • This perspective originated from the traditional English legal system and was
followed by the Supreme Court of India.
• • Parliamentary history means the includes conception of an idea, drafting of
the bill, the debates made, the amendments proposed, speech made by mover of the
bill, etc
• • In the case of State of West Bengal v. Subodh Gopal Bose,
• • Justice S. R. Das took the Statements of Objects and Reasons into account to
assess the socio-political and economic context of the introduced bill,
• • While still acknowledging the view expressed in the Ashwini Kumar case.
• • In which Chief Justice PatanjaliShastri expressed that the Statements of
Objects and Reasons should not be considered an external aid to interpretation.

4. Conclusion :
• • External aids to the interpretation of statutes include parliamentary history,
historical facts, scientific inventions, other statutes, foreign decisions and
dictionaries/textbooks.
• • It provide valuable context and guidance for understanding the meaning and
intent of a statute.

Q.7) Vicarious Liability in statutory offence

• There is no vicarious liability in criminal law unless the statue takes that also
within its food either expressly or by necessary implication.
• About from cases where express provision is made to that effect the question is
one of constructions weather by connecting a particular provision the legislature in the
light of the object of the statute has expressed itself by necessary implications so as to
make a master criminally liable for apps of his servants or agent level for the offences
but does not make the employee liable for whose act or differ the employee is made
liable
• Further, where The nature of the activity makes the Premises, where it is
carried on, a major hazard site, Parliament may Impose upon the employer a duty,
failure of which makes him liable For a criminal offence, “to conduct His undertaking
in such a way” that subject to reasonable practicability it did not create risks to
people’s health and safety and The employer may become liable for the offence
irrespective of the question that the risk originated not because of some lapse of his
employee but because of the lapse of some other person over whom he had no control
.
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• In such cases the statute makes the employer liable for the offence though he
has personally no mens rea or has not committed any actus reus as the duty is lay on
the employee himself by reference to a certain kind of activity carried on by him
• This duty is conceptually entirely different from the vicarious liability for the
tortious acts of his servant and agent.

8) INTERNATIONAL CONVENTION
• Before the adoption of Indian Constitution the Indian practice Was similar to
the British Practice.
• After adoption of the Constitution practice depend on the Provisions of the
constitution.
• In order to know the position of International Law in the Post-Constitution
period, it is necessary to examine the Relevant provisions of the Constitution.
• The most relevant provision in contained under Art. 51
• it is significant to know that article 15 c specifications international law and
treaty obligations
• however this article in part of part 4 that is directive principles of State policy
• article 37 clearly provides that the provisions container in this but shell not be
enforceable in court

• but article 51 does not give any clear guidance regarding the position of
international law in India as well as the relationship of municipal law and international
law
• in India also the customer the rules of international law are part of municipal
law provided that they are not inconsistent with any legislative enactment or the
provisions of the constitution of India.
• as regards the treaty rules also India fall is more or less the British do you list
to you. That is to say international lock and become part of municipal law of India if it
has been specifically incorporated
• the international comments and declarations as adopted by the United Nations
have to be respected by all signatory states and the meaning given to the words in such
declaration and conveyance have to such as would help in effective implementation of
those rights.

Q. 9) committee reports
• Before the framing of the Bill, usually the matter is referred to a committee to
consider it in detail and give its report thereon.
• These reports of the commissions and committee have been referred to as
evidence of historical facts or of surrounding circumstances and used for interpreting
the Act.
• When there is an ambiguity in the meaning of a provision and the act was
passed on the recommendation of a committee report, aid can be taken from that
report to interpret the provision.
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Q.10) Public Statute

Ans : Synopsis :
1. Introduction
2. Meaning of interpretation of statutes
3. Public statute
4. Conclusion

1. Introduction :
• Interpretation is the process by which the courts determine the meaning of the
statutory provisions for the purpose of applying legislation to decide cases.

2.Meaning of interpretation of statute.

• It is the process of ascertaining the true meaning of the words used in statute.
• When in certain cases more than one meaning may be derived from the same
word.

3. Public Statute :
• Public law include constitutional law, criminal law, and international law.

• Constitutional law is the body of laws that sets out the basic rights of citizens
and regulates the relationship between the government and its people.
• According to general clauses act 1897 “Official Gazette” [Section 3(39)]
(i) The Gazette of India, or
(ii) The Official Gazette of a state.
• The Gazette of India is a public journal and an authorised legal document of the
Government of India,
• Published weekly by the Department of Publication, Ministry of Housing and
Urban Affairs.
• As a public journal, the Gazette prints official notices from the government.
• It is authentic in content, accurate and strictly in accordance with the
Government policies and decisions.
• The gazette is printed by the Government of India Press

4. Conclusion :
• To simplify things, public law deals with issues that affect the general public or
state – society as a whole
• Public law is also more likely to deal with issues that are considered important
to society as a whole, such as human rights, the environment, and national security.

Q.11 ) Immovable property

ANS :-
1)Introduction
2) Definition
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3) Meaning of attached
1) introduction
• Immovable property is defined under general causes act registration act and
transfer of property Act. Let’s see the one by one definition of immovable property.

2. Definition
A .Transfer of property Act
• Section 3 of transfer of property Act lays down Does not include standing
Timber growing crops or grass

B. General causes act

• Section 3 sub clothes 26 of general clauses act lays down Shall include land
benefits to arise out of land and things attach to fisheries or any other the each or
permanently fastened to anything attach to the earth.

C registration Act Section 2 sub clause 6 of registration Act

• Includes land building hereditary allowances rights to ways lights ferries

fisheries or any other benefit to arise out of land and things attach to the earth or
permanently faster need to anything which is attach to the earth but not standing
Timber growing crops or grass
3. Section 3 of transfer of property Act attach to the earth means
1. Reported in the earth as in the case of trees and shrubs
2. Imbedded in the earth as in the case of wall or building
• Degree of an exaction
• Object of annexation

Meaning of attach
To hot is so imbedded for the permanent beneficial enjoyment of that to which it is
attach.
Immovable property
1 Land
2 Things attached to earth
3 Embedded in earth
4 Attached to the embedded things
5 Rooted to the earth
6 Benefits to arise from land profits a prendre

12) Person
Ans:
1) Introduction
2) Definition of legal person
3) Kind of person
4) Case law
1. Introduction
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The term person is derive from the Latin word Persona it means that’s who are
recognize by law as being capable of having legal rights and duties.
2.Definition of legal person
According to salmand
A person is any being whom the law regarding as a capable of right and bound by
legal duties
3.Kind of person
a) Natural person
A natural person is a human being possessing natural personality
b) Legal person
A legal person are artificial or imaginary being to whom law at tributes personality by
way of friction where it does not exist in fact e.g. corporation institution etc.
Kind of legal person
A legal person may be divided into three kinds
1 corporation
2. Institution
3. Fund or state.
Status of animal
• Law does not recognize beasts or lower animals as a person because r they are
nearly things and have no natural or legal right that is why there interest are not
recognised by law
• Case law
• Pramatha nath mulik vs pradyuman a Kumar mulik 1925

In this case held that supreme court and idol is juristic person

Q. 13 ) Will
Ans:
1) Introduction:
• Will is defined under general clauses act 1897 under Section 2 (64).

2) Objective of GCA 1897:

• The purpose of the GCA 1897 is to place in one single statute different
provision as regards interpretation of words and legal principle which would
otherwise have to be specified separately in many different acts and regulations.
• Whatever the GCA says whether as regards the meaning of words or as regards
legal principle has to be read into every statute to which it applies.

3) Definition of Will:
• As per General clauses Act, 1897 will is given under Definition section 2 (64)
Define, “will” shall include a codicil and every writing making a voluntary
posthumous disposition of property.

4) What is Will?
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• A will is a written matter that specifies how your possessions are distributed
after your demise and can designate guardians for young children.
• A will is useful because it allows one to declare their objectives articulately.
Dealing carefully with a professional to draft and amend the will is essential.

• decides how your properties are given to your successors based on its
regulations.
• This is regarded as dying intestate and the agreement that follows doesn’t
always generate the consequences you want for your family.
• You can avoid this by having documents prepared that match your preferences.
5) Requirements to Draft a Will:
• Age Requirement: The person must be of legal age to make a willi.e he should
attend the age of majority as per Majority act
• Purpose: An individual has the purpose to form a will when he or she decides
to implement a permanent transfer of property of their death at the time of signing.
• Reasonable estate disposal: Proper property disposal between relatives is
required.
• Mental Stability: The writer must be of stable mind, which means he must be
conscious that he is signing a will and that it will have an impact.
• Voluntary: A will should be freely constructed. It is not legal if one is
enforced to do so.
• Signed and Witnessed: A will must be signed by the writer and the witnesses
for legal confirmation to be legitimate. The law will determine the number of
witnesses by regional laws.

6) Conclusion:
• Will is considered to be the voice of the testator and it conveys how the person
wants his property to be used after his death.
• Such wills must be protected and proper registration helps in validating the
will. A person cannot give his ancestors property in the form of a Will but he can
make a Will only of his Self-Acquired property.

Q14) Non Obstante Clause

ANS : Synopsis
1) Introduction
2) Definition
3) How to interpret a Non-obstante clause
4) Conclusion
1) Introduction
• A non-obstante clause is one of the internal aids to construction.
• A non-obstante clause is added to a provision in order to uphold its
enforceability over another provision that is contradictory to it.
• This clause is used to clarify the intention of the legislature in cases where two
provisions appear contradictory.
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• This is because the legislature can never have contradictory intentions.

2) Definition & Meaning
The word non-obstante derived from Latin and it means ‘notwithstanding or
despite a law’.
When we see the words “notwithstanding anythіngcontaіnedіnthіs Act” or
“notwithstanding anything contained in some particular Act” we can call such a clause
as a non-obstante clause.
This is always inserted at the beginning of a provision with the objective of
giving the provision an overriding effect over the statute.
It essentially means that in spite of the provision or Act mentioned in the non-
obstante clause being in force, the provision that comes after that would be fully
enforced without being restricted by the provision or Act mentioned in the non-
obstante clause.
Such a clause is used to modify the Act or provision it carries or restrict its
application in certain circumstances.

3) How to interpret a non-obstante clause

I) It is the opposite of the phrase “subject to” that we see commonly in statutes.
When the words “subject to” are used, it means that the provision yields to
another provision that is mentioned in the clause.
This was affirmed in the decision of T.R. Thandur v. Unіon of Іndіa (1996).

II) It is also noteworthy that this clause is distinct from phrases such as
‘wіthoutprejudіce’.
When this phrase is used, it means that the other provision mentioned in the
clause is still operative and any action taken under the enacting part of the section
must not be inconsistent with the other provision.
This was affirmed in the case of Punjab Sіkh Motor Servіce, Moudhapara,
Raіpur v. R.T.A., Raіpur (1966).

4) Conclusion
To sum up, non-obstante clauses are one of the internal aids present for
interpreting a statute which helps with interpreting two or more laws associated in
regards to the same field which appears to be conflicting.
However, it is to be noted that this overriding effect happens when the
provisions cannot be interpreted harmoniously at all.
A non-obstante clause does not in any way repeal or discontinue any law that is
carried by it.
LONG ANSWERS
Q.1) Explain the aim and objective of general clauses act.
Ans: Synopsis
1) Introduction
2) Object
3) The purpose of the general clauses act
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4) Application
5) Conclusion

1) Introduction :-
• The General Clauses Act, 1897 contains ‘definitions’ of some words and also
some general principles of interpretation.
• This is an Act intends to provide general definitions which shall be applicable
to all Central Acts and Regulations,
• The General Clauses Act is very effective in the absence of clear definition in
the specific Enactments. And where there is a conflict between the pre-constitutional
laws and post-constitutional Laws.
• The General Clauses Act, 1897 was enacted on 11th March, 1897 to consolidate
and extend. The General Clauses Act, 1868 and 1887.
• The act is called the “Law of all Laws”.

2) Object :-
The objects of the Act are several, namely:
1. To shorten the language of Central Acts
2. It provides principals to follow the Meaning of words
3. To provide, for uniformity of expression in Central Acts by giving definitions of a
Series of terms in common use

1. To state explicitly certain convenient rules for the construction and interpretation
of central acts
3) The purpose of the General Clauses Act :-
• To place in one single statute different provisions, as regards interpretation of
words and legal principles, which would otherwise have to be specified separately in
many different Acts and Regulations.
• So whatever General Clauses Act says whether as regards to the meaning of
words Or as regards legal principles, has to be read in every statute to which it applies.

Example : The Supreme Court applied the provisions of section 24 of the General
Clauses Act to the Mines Act, 1923
4) APPLICATION OF THE GENERAL CLAUSES ACT
1. Its application to all Central legislation/laws and also to rules and regulations made
Under a Central Act.
2. It is in a sense a part of every Central Acts or Regulations.
3. If a Central Act is extended to any territory, the General Clauses Act would also
Deemed to be applicable in that territory and would apply on that Central Act.
4. The provisions of the General Clauses Act are mere rules of interpretation and it
apply Automatically in each and every case.
5. Acts of the Dominion Legislature passed between the 15th August, 1947 and the
26th January, 1950
5) Conclusion :-
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• The General Clauses Act has been enacted to shorten language used in
parliamentary legislation and to avoid the repetition of the same words in the same
course of the same piece of legislation
• The act is called the “Law of all Laws”.

Q.2) State and explain the classification of statutes.

Ans :- Synopsis
1) Introduction
2) Meaning of Statute
3) classification of statute
4) Conclusion

1) Introduction
• In modern democratic country like India there are three organ's of state.

1 Legislation -Law Making Body

2) Executive -Law enforcing body, the to maintain law and order.
3) Judiciary:- Interpretation of law and to adjudicate Dispute's
• Parliament having authority to make law.

It is also competent to withdrawn at law from operation at any time.

2) Meaning of Statute
Statute mean's the written will of the legislature solemnly expressed according
to the forms neccessary to constitute it the law of the state
statutes signifies written

3) classification of statute
1)Temporary Statutes.
2) Perpetual statutes.
3) Codifying statutes.
4) Consolidating statutes
5) Fiscal Statutes
6) penal statutes.
7) Remedial statutes.
8) Declaratory statute's
1) Temporary Statute
The statute which are existence for a known period such statutes are called as
Temporary statutes.
Temporary statute having a specific duration and time and comes to an end
when duration expires .
The legislature is empowered to extend the duration of Temporary Statute.
It is also empowered to put an end to a temporary statute prior to Completion
of it's life.

2) perpetual statute's
Perpetual statutes are those remain enforce Forever.
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There is no predecided date of termination of perpetual statutes.

They do not comes to and end automatically.
They comes to an end only when they are abolished by legislature itself by way
of enacting another Statute's
The abolition or abrogation of perpetual statute's is called repeal.

3) Codifying Statute
A codifying A codifying statute is a statute which present a detail authorative
statement of rules of law on a given subject.
It exhaustively state the entire law .
E.g. Civil procedure code; 1908
It may be a code only respect to a perticular branch of subject.It may not cover
other branches of the same subject

4) Consolidating Statute
Consolidating statute is a statute which present whole body of statutary law on
the subject in complete form repealing the former Statute.
It is statute which consolidated various law on a perticular subject at one place.

It collect's all statutory enactment on a specific subject and gives them a form
of a statute .
Eg. Companies Act.
5) Fiscal Statute
Fiscal statute is also called as Taxing statute.
Tax is imposed by state for generating Revenue.
The statute which deal's with Taxes are termed as taxing and fiscal statute.
Fiscal statute are those which impose taxes on In come or other kind of
transaction.
E.g. The income tax Act, Gift tax wealth tax, GST etc.
The object of such statute is to collect revenue from people to run the
Government because tax is the source of income Of the state.
The money which is collected From the people in the form of tax is utilized for
the welfare Activities of the people.

6) Penal Statute
Penal statute is one which punishes certain act's or wrong.
such a statute may be in the form of a comprehensive criminal Code or large
number of section's providing punishment for different wrongs.

E.g. IPC, CRPS, TADA, MOCCA penalty For disobedience maybe in the form of
fine, Imprisonment, forfeiture of property.
7) Remedial Statute
Remedial statute are those statute which provide remedy.
 17

For a wrongful act in the form of damages or compensation to aggrieved party

but do not make wrongdoer liable for any penalty .
These statutes are, beneficial to weaker section of the society.
They are also called as Welfare Legislation.
Eg. Industrial dispute Act-1947.
workmen Compensation Act. 1923

8) Declaratory statute
A declaratory statute may be defined as an Act to remove doubt's existing as to
the common law, or the meaning. or effect of any statute, Act's Are held to be
retrospective

4) Conclusion :-
Parliament having authority to make law.
It is also competent to withdrawn at law from operation at any time.

Q.3) What is Mischief Rule? Discuss the rule with the help of decided case law.
Ans:- Synopsis

1) Introduction
2) Have to be considered
3) Case Law
4) Advantages
5) Disadvantages
6) Case law
7) Conclusion
1) Introduction
The mischief rule of statutory interpretation is the oldest of the Rules.
The mischief rule is a rule of statutory interpretation that Attempts to determine
the legislator‘s intention.
Its main aim is to determine the “mischief and defect” of the statute.
The mischief rule was established in Heydon’s Case in 1584.
It was held that the mischief rule should only be applied where there is
ambiguity in the statute.
The Courts while applying the principle tries to find out the real intention
behind the enactment
This rule thus assists the court in identifying the proper Construction of
statutory wording according to the original Intention of the legislators.

2) Have to be considered:
1) What was the common law before the making of the Act?
2) What was the mischief and defect for which the common law Did not provide?
3) What remedy Parliament had resolved and appointed to cure
 18

4) The disease of the Commonwealth?

5) The true reason of the remedy

3) Case Law
(Umed Singh v. Raj Singh)
The mischief rule directs that the Courts must adopt that Construction which
shall suppress the mischief and advance the Remedy.
But this does not mean that a construction should be Adopted which ignores
the plain natural meaning of the words or Disregard the context and the collection in
which they Occur.

In Sodra Devi’s case,

The Supreme Court has expressed the view that the rule in Heydon‘s case is
applicable only when the words in question are ambiguous and are reasonably capable
of more than one meaning.
4) Advantages:

1) The Law Commission sees it as a far more satisfactory way of Interpreting acts as
opposed to the Golden or Literal rules.
2) It usually avoids unjust or absurd results in sentencing.
3) Closes loopholes
4) Allows the law to develop and adapt to changing needs
Example Royal College of Nursing v DHSS
5)Disadvantages:
1) It is seen to be out of date as it has been in use since the 16thCentury, when
common law was the primary source of law and Parliamentary supremacy was not
established.
2) It gives too much power to the unelected judiciary which is argued to be
undemocratic.
3) Creates a crime after the event example Smith v Hughes, Elliot v Grey thus
infringing the rule of law.
4) Gives judges a law making role infringing the separation of Powers and
Judges can bring their own views, sense of morality and Prejudices to a case example
Smith v Hughes, DPP v Bull. Pyare Lal v. Ram Chandra,
the accused in this case, was prosecuted For selling the sweeten supari which
was sweetened with the help of An artificial sweetener.
He was prosecuted under the Food Adulteration Act. It was contended By
Pyare Lal that supari is not a food item.
The court held that the dictionary meaning is not always the correct Meaning,
thereby, the mischief rule must be applicable, and the Interpretation which advances
the remedy shall be taken into Consideration.
Therefore, the court held that the word food is consumable by mouth and
orally.
Thus, his prosecution was held to be valid.
 19

6) Conclusion
Its main aim is to determine the “mischief and defect” of the statute.
Under the mischief rule the Court‘s role is to suppress the mischief and
advance the Remedy.

Q.4 ) Define interpretation. Explain general rule of interpretation.

Ans: Synopsis
1) Introduction
2) Definition of interpretation
3) Need of interpretation
4) General rules of interpretation
5) Conclusion
1) Introduction
Interpretation means the art of finding out the true sense of an enactment by
giving the words of the enactment their natural and ordinary meaning.
It is the process of ascertaining the true meaning of the words used in a statute.
The object of interpretation of statutes is to determine the intention of the
legislature conveyed expressly or impliedly in the language used.

2) Definition of interpretation
Salmond
Interpretation is the process by which the Court try to ascertain the meaning of
the legislation through the authoritative form in which it is expressed.

Cross
Interpretation is the process by which the Court determine the meaning of
statutory provision for the purpose of applying it to the situation before them.

Gray
Interpretation of statute is the process by which a judge constructs from the
words of statute took a meaning, which he either believes to be that of the legislature
or which he proposes to attribute to it.

Keeton
The function of Judge in interpreting the statute is two folds
1) Firstly, he has to decide the exact meaning of what the legislature has actually said.
Secondly 2) he must decide what the legislature intended to have said or ought to have
said.
3) Need of interpretation
Interpretation of statute is the process of ascertaining the true meaning of the
words used in a statute.
When the language of the statute is clear, there is no need for the rules of
interpretation. But, in certain cases, more than one meaning may be derived from the
same word or sentence.
It is therefore necessary to interpret the statute to find out the real intention of
the statute.
 20

4) General rules of interpretation

1) Golden rule of interpretation
The golden rule is a deviation from the literal rule. It is used to modify the
meaning of the absurd term to give it a useful and apt meaning to suit the context.
a) Narrow approach –
This approach is taken when the words in the statute are capable of multiple
interpretations. Through this approach, the judge is able to apply the meaning which is
clear and properly portrays the true intention of the statute.

b) Broad approach –
This approach is taken when there exists only one possible interpretation of a
word. In some cases, the meaning might cause absurdity.
In order to avoid this problem, the judges can use this approach to modify the
meaning of the word but this modification should be limited and shouldn‘t deviate
from the actual intention of the legislation

2) Mischief Rule
The mischief rule of statutory interpretation is the oldest of the rules.
The mischief rule is a rule of statutory interpretation that attempts to determine
the legislator‘s intention.
Its main aim is to determine the “mischief and defect” of the statute.
The mischief rule was established in Heydon’s Case in 1584.
It was held that the mischief rule should only be applied where there is
ambiguity in the statute.
Under the mischief rule the Court‘s role is to suppress the mischief and
advance the remedy.

3) Statute must be read as a whole in its context

When the question arises as to the meaning of a certain provision in a statute, it
is not only legitimate but proper to read that provision in its context.
The context here means, the statute as a whole, the previous state of the law,
other statutes in pari materia, the general scope of the statute and the mischief that it
was intended to remedy.
This statement of the rule was later fully adopted by the Supreme Court.
It is a rule now firmly established that the intention of the Legislature must be
found by reading the statute as a whole

4) Statute to be construed to make it effective and workable

The courts strongly lean against a construction which reduces the statute to a
futility.
A statute or any enacting provision therein must be so construed as to make it
effective and operative "on the principle expressed in the maxim: ut res magis valeat
quam pereat".
 21

It is an application of this principle that courts while pronouncing upon the

constitutionality of a statute start with a presumption in favour of constitutionality and
prefer a construction which keeps the statute within the competence of the Legislature

5) Conclusion :-

General rules are used by court for interpretation of any statutes if ambiguity
arises.
It gives remedy to the suffer party.
Also these rules follows the nature of equality.

Q.6) Explain the principle statute must be read as a whole with decided cases.
Ans :- Synopsis
1) Introduction
2) Meaning of Statutes
3) Principles of Statutes
4) Statute must be read as a whole in its context
5) Case Law
6) Conclusion

1) Introduction
The word Interpretation has been derived from the latin word interpretari which
means to explain or expound.
It means the act of explaining something or translating the document into its
real context.
The primary function of the court to find out the intention of the legislature in
the language used in the statute.
In order to interpret the statute, the court has to follow certain rules. And these
principles are called rules of interpretation.
Interpretation of statutes is the correct understanding of the law which is used
to determine the exact intention of the legislature.

2) Meaning of Statutes -
• According to Black's law dictionary, "A Statute is a formal written enactment
of Legislative authority that governs a country, state, city or county

4) Statute must be read as a whole in its context

• When the question arises as to the meaning of a certain Provision in a statute, it
is not only legitimate but proper to read that provision in its context.
• The context here means, the statute as a whole, the previous State of the law,
other statutes in parimateria, the general scope of the statute and the mischief that it
was intended to remedy.
• This statement of the rule was later fully adopted by the Supreme Court.
• It is a rule now firmly established that the intention of the Legislature must be
found by reading the statute as a whole
 22

• It is spoken of construction “ex visceribus actus“To ascertain the meaning of a

clause in a statute the court must look At the whole statute, at what precedes and at
what succeeds and not Merely at the clause Itself.

While interpreting section 8 of the Punjab Tenancy Act, 1887,Contextually, the

Supreme Court has held that the phrase “any Person” should generally be given the
widest possible import unless The statutory provisions suggest that the Legislature
itself has Intended to give a restricted meaning to the phrase.
Section 8 of the Act provides that nothing shall preclude “any person― from
Establishing a right of occupancy on any ground other than the Grounds specified in
the foregoing sections of the Chapter.
Section 5 of the Act recognizes the right of occupancy of “tenants”.
Section 10 of the Act states that no one of several “joint owners” Of land shall
acquire a right of occupancy therein in the absence Of a custom to the contrary.
The court held, reading section 8 in the context of sections 5 andkkl10, and
giving effect to the purpose of the Act, that the
Expression “any person” will mean a “tenant”, and not a “joint Owner of a land or a
hissedar.
5) Case law
Tara Chand v Gram Panchayat, JhupaKhurd, (2012)
Section 202 of the Hyderabad Municipal Corporation Act, 1955
Exempts “buildings and lands vesting in the Corporation” from Property tax
and section 204 provides that property tax shall be Leviable primarily from the
occupier if he holds the premises Directly from the Corporation.
The question before the court was whether Corporation property is Possession
of allottees under hire purchase agreements was exempt From tax.
The court held reading both the sections together that such Property was not
exempt and the exemption was limited to those Cases where property vested in the
Corporation both in title and Possession as otherwise section 204 would become
inoperative.
Municipal Corp of Hyderabad v P N Murthy, (1987) 1 SCC 568

6) Conclusion
In order to interpret the statute, the court has to follow certain rules. And these
principles are called rules of interpretation

Q.7 ) What do you mean by legal fiction? Discuss the principle governing in
interpretation of legal fiction.
Ans – Synopsis:
1) Introduction
2) Meaning of interpretation of statutes
3) Meaning of legal fiction
4) Principles governing interpretation

Literal rule
 23

Golden rule
Mischief rule
5)Conclusion
1)Introduction:
Interpretation is the process by which the courts determine the meaning of the
statutory provisions for the purpose of applying legislation to decide cases.

2) Meaning of interpretation of statute.

it is the process of ascertaining the true meaning of the words used in statute
When in certain cases more than one meaning may be derived from the same
word.

3) Meaning of legal fiction

It is assumes existence of fact which may not really exist
full effect must be given to the statutory fiction and it should be carried to its
logical conclusion.
A legal fiction created in terms enacted for the purpose of this act is normally
restricted to that act and cannot be extended to cover another act.

4) Principles governing interpretation

there are three main principles which govern interpretation
Literal rule
Golden rule
Mischief rule

a) Literal rule:
The words of statute are first understood in their natural ordinary or popular
sense and
phrases and sentences are constructed according to their grammatical meaning.
unless that leads to some absurdity or
unless there is something in the contest or in the object of the statute of suggest
the contrary.
Benarasi Krishna Committee Vs Karmayogi shelters pvt. Ltd.(2012) 9 scc 496.
Supreme Court held that the word party in this provision means a person who
is party to arbitration agreement as indicated in section 2(1)(h) of act and would not
include an advocate who is an agent of the party.

b) Golden rule:
It is deviation from the literal rule
it is used to modify the meaning of absurd term to give it a useful and apt
meaning to suit the context.
The Golden rule of interpretation was propounded in the case Grey Vs
Pearson by Lord Wensleydale in the year 1957.
This is why it is known as Wensleydale ‘s golden rule.
 24

This rule modifies the language of words in a statute to successfully interpret

the actual meaning of the legislation
Successfully interpret the actual meaning of the legislation. It is to be noted that
the rule can be used only when the language of the statute is ambiguous or
grammatically incorrect
State Bank of India Vs Sri N.Sundara money.(1976)
Supreme Court stated that the rights of the public are permanent and are to be
considered superior in comparison to individual rights.
If the words of the statute are absurd in the context of the case they should be
considered a repugnant in order to apply the golden rule of interpretation.
c) Mischief rule :
It is oldest of the rules
It is rule of statutory interpretation that attempts to determine the legislators
intention
Its main aim is to determine the mischief and defect of the statute
Mischief rule was established in Heydon’s case in 1584.
It was held that The mischief rule should only be applied where there is an
ambiguity in statute.
Parallel VsRam Chandra (Rajasthan High Court 1979)
The accused in this case was prosecuted for selling sweeten supari which was
sweetened with the help of an artificial sweetener
it was contended by parallel that Supari is not food item
The court held that dictionary meaning is not always the correct meaning
Thereby the mischief rule must be applied
The court held that World Food is consumable by mouth and orally
thus this prosecution was held to be valid.

5)Conclusion
legal fiction is powerful tool utilized in various areas of Indian law
It is not necessary that the world use in a statute are always clear explicit and
unambiguous and thus.
In such cases it is very essential for courts to determine a clear explicit meaning
of words used by legislature and at the same time remove all the doubts if any.

Q. 8 Explain the concept of conjunctives and disjunctives with the help of case
laws.
Ans – Synopsis :
1) Introduction .
2) Need of interpretation.
3) concept of conjunctives and disjunctives words.
4) Case laws
5) Conclusion
 25

1) Introduction :
To ensure that justice is made available to all.
The judicial system has been involved in all Nations.
It is extremely important and necessary that court interpret the law in such a
manner that ensures access to justice.

2) Need of interpretation :
Complexity of statute is regards to the nature of the subject
Numerous draftsman and blend of legal and technical language can result in
coherence vague and ambiguous language.
Anticipation of future event lead to the use of indeterminate terms.
The multifaceted nature of language.

3) concept of conjunctives and disjunctives words :

The word “or” is normally disjunctives and
“And” is normally conjunctives.
But at times they are read as vice versa to effectuate the manifest intent of the
legislature as disclosed from the context.
The rationale being that if the legislature wishes to use “and” in a particular
statutory provision
Then it has every right to do and in nothing prevent them from doing so.

4) Case laws :
Manmohan Das Shah Vs Bishun Das
The supreme court held that
The ordinary rule of construction is that provision of a statute must be
constructed in accordance with the language used therein unless there are compelling
reason.
Kamta Prasad Agrawal Vs executive Engineer
Ballabhgarh, The apex court held that
Depending upon the context “or” maybe read as “and”.
But court would not do it unless it is so obliged.
because “or” does not generally mean “and”& “and” does not generally mean
“or”.

5) Conclusion :
The conjunction “and” or “or” can never be given a definite and dogmatic
interpretation.
And the entire interpretation would depend on the intention of the lawmaker or
bye-laws using such conjunctions.

Q. 9 ) Explain rule of Ejusdem generis principle with the help of decided case
laws.
And – Synopsis
 26

1) Introduction
2) Meaning and definition of Ejusdem generis.
3) Need of doctrine Ejusdem generis.
4) Essentials of doctrine Ejusdem generis.
5) Cases were doctrine of Ejusdem generis applied.
6) Limitations for application of doctrine Ejusdem generis.
7) Conclusion

1) Introduction :
There are many rules for interpretation of statute.
One of them is Ejusdem generis.
This doctor in is applied when there are some specified words which are been
followed by the general words.
If there is any ambiguity in meaning of general words then this doctrine is
applied.

2) Meaning and definition Ejusdem generis :

Means “of the same kind”.
In a statute where general words follow specific words they must take their
meaning from the specific words.
For example if statute applied to “Cat, dogs and other animals”.
We would interpret the other animals as being domestic pets (Hamster,goldfish
etc.) Rather than wild animals (lion,tiger, shark etc.)

3) Need of doctrine Ejusdem generis :

When there is ambiguity in the language of provision of statute or
There is a possibility of two views or
The meaning which the provision of a statute gives defeats the purpose of the
statute.

4) Essentials of doctrineEjusdem generis :

In case of Amar Chandra Chakraborty Vs collector of excise 1972&
Uttar Pradesh State electricity board versus Harishankar 1979.
Supreme court laid 5 essentials condition to this rule.
The statute contents and enumeration of specific words.
The subject of enumeration constitute a class or category.
That class or category is not exhausted by enumeration.
The general terms follows the enumeration and
There is no indication of different legislative intent.

5) Cases were doctrine of Ejusdem generis applied :

Siddeshwari cotton mills (p)Ltd Vs union of India 1989.
Kerala cooperative consumers federation Ltd Vs CIT 1988.
 27

6) limitations for application of Ejusdem generis :

If general words are there before the specific words then this doctrine cannot be
applied.
Whenever specific words are been followed by general words.
If the general word follows only one word as that one word cannot for a
distinct class/genus.
If the specific words exhaust the whole class/ genus.
7) Conclusion :
Ejusdem generis which is one of the canons of interpretation.
And used by judges so as to clear ambiguity in provision of statute.
Therefore it is very necessary that it should be applied very cautiously by the
court.

Q .10) Explain preamble and punctuations as internal aids of interpretation.

Ans: Synopsis:
1 Introduction
2 Meaning of Internal Aid
3 Internal Aid
4 Title
5 Preamble
6 Heading and title of the chapter
7 Marginal Notes
8 Definitional sections
9 Illustrations
10 Explanation
11 Proviso
12 Punctuation
13 Conjunctive and Disjunctive words
14 Exceptions and savings clause
15 Schedules
16 Conclusion

1) Introduction:
An Aid means a device that helps or assists. For the purpose of construction or
interpretation, the court has to take recourse to various internal and external aids.

2) Internal Aids:
Internal Aid means those aids which are available in the statute itself.

1.Title:
 28

The Long title of a Statute is an internal part of the Statute and is admissible as
an aid to its construction.

Statute is headed by a Long title and it gives the description about the object of
an act.
In recent times, long title has been used by the courts to interpret certain
provision of the statutes.
Case Law: Manohar Lal vs. State of Punjab
In this case, it was held that Long title of the Act is relied as a guide to decide
the scope of the Act.
The Short title of an Act is for the purpose of reference and for its
identification. It ends with the year of passing of the Act.

Example: “The Indian Evidence Act, 1872”, “The Indian Penal Code, 1860”.
2) Preamble:
The main objective and purpose of the act are found in the Preamble of the
Statute.Preamble is an Act in a nutshell.

Case Law: kashi Prasad vs. State

In this case, court held that it can be treated as a key for the interpretation of the
statute.

3) Heading and Title of a Chapter:

Headings are of two kinds – One preferred to a section and other preferred to a
group or set of sections.

Example:
1.Ch-XVI of IPC: Heading: Offences affecting the Human Body
2.Sec. 300: Murder.
Case Law: DurgaThathera vs. NarainThathera
In this case, court held that the headings are like a preamble which helps as a
key to the mind of the legislature but do not control the substantive section of the
enactment.

4) Marginal Notes:
Marginal notes are the notes which are inserted at the side of the sections in an
Act and express the effect of the sections stated.
If the words used in the statute are clear and unambiguous, the marginal note
cannot control the meaning, but in case of ambiguity or doubt, marginal note may be
referred to.

5) Definitional Sections:
The object of a definition is to avoid the necessity of frequent repetition in
describing the subject matter to which the word or expression defined is intended to
apply.
 29

A definition contained in the definition clause of a particular statute should for

the purpose of that Act.
Definition from any other statute cannot be borrowed and used ignoring the
definition contained in the statute itself.
6) Illustrations:
Illustrations in enactment provided by the legislature are valuable aids in
understanding the scope.

Case Law: Mahesh Chandra Sharma vs. Raj Kumari Sharma

In this case, it was held that illustrations are parts of the section and help to
elucidate the principles of the section.

7) Proviso:
A proviso is added to an enactment to qualify or create an exception to what is
in the enactment.

8) Explanation:
An explanation is added to a section to elaborate upon and explain the meaning
of the words appearing in the section.
An Explanation to a statutory provision has to be read with the main provision
to which it is added as an Explanation.

9) Punctuation:
Punctuation is a minor element in the construction of a statute.
Only when a statute is carefully punctuated and there is no doubt about its
meaning can weight to given to punctuation.
It cannot, however, be regarded as a controlling element for determining the
meaning of a statute.

10) Conjunctive and Disjunctive words:

The word “and” is conjunctive and the word “or” is disjunctive. These words
are often interchangeable. The word ‘and’ can be read as ‘or’ and ‘or’ can be read as
‘and’.

11) Exceptions and savings clause:

To exempt certain clauses from the preview of the main provisions, an
exception clause is provided. The things which are not exempted fall within the
purview of the main enactment.
The saving clause is also added in cases of repeal and re-enactment of a statute.

12) Schedules
Schedules form part of a statute.
They are at the end and contain minute details for working out the provisions of
the express enactment.
 30

The expression in the schedule cannot override the provisions of the express
enactment. Inconsistency between schedule and the Act, the Act prevails.

4) Conclusion:
Internal aids to construction will be: preamble to the Act, headings, marginal
notes, Definition sections, provisos, explanation, schedules, etc.

These are internal aids to construction because they are contained in the statute
itself. Internal aids such as preamble of a statute states the main purpose the statute.
Statutes are often highly complex, particularly those that enact into law broad
or multifaceted federal policies Therefore internal aids hold great importance in
interpretation of Statute.

Q.11) Discuss the important of External Aid in interpretation of status? Explain

External aid with relevant cases.
Ans: Synopsis
1) Introduction.
2) Condition in which help of aid to construction is permitted.
3) External Aid in interpretation
4) Conclusion.

1) Introduction:
An "Aid" is a device that helps or assists. While performing the function of
interpreting provision of a statutes, the court can take help from within the statute or
even outside the statue.
If the ambiguity in words is not resolved by resorting to internal aids the court
may interpret a provision by consulting other laws on the subject, other relevant
documents which throw light on the correct meaning of an ambiguous word. Since
help is sought from outside sources it is called external aid to construction.
External aids are the aids which are not available inside the statute but outside
the statute, the court may seek help to the external aids in case of repugnancy or
inconsistency in the statutory provision.

2) Condition in which help of aid to construction is permitted

When the meaning of word is uncertain. When the words used have more than
one meaning. When the natural and ordinary meaning fails to effect the legislative
intention.

3)Text Books :-
The court while constructing an enactment, may refer to the standard textbooks
to clear the meaning. Although, the courts are not bound to accept such view.

Case Law:- Keshwanand Bharti vs. State of Kerala, AIR 1973

In this case, honourable Supreme Court referred a large number of textbooks.
The majority opinion was that, in view of many opinions and counter opinions
 31

expressed by the authors and jurists in the textbooks, it was not desirable to follow the
opinions quoted in the textbooks.

4)Dictionaries:

When a word used in the statute is not defined therein or if defined but the
meaning is unclear only in such situation, the court may refer to the dictionary
meaning of the statute to find out meaning of the word in ordinary sense.
The meaning of such words shall be interpreted so to make sure that it is
speaking about the particular statute because words bears different meaning in
different context.
Motipur zamindary company private limited v. State of Bihar [10]
the question was whether sales tax can be levied on Sugarcane. The applicant
argued that it is green vegetable and should be exempted from tax. The dictionary
meaning of vegetable said anything which derived or obtained from the plants.
The SC rejected dictionary meaning and held that in common parlance
vegetable is something which is grown in kitchen garden and used during lunch and
dinner and held that sugarcane is not vegetable.
When a word used in the statute is not defined therein or if defined but the
meaning is unclear only in such situation, the court may refer to the dictionary
meaning of the statute to find out meaning of the word in ordinary sense.

5) Parliament History :-
Legislative history includes the debates of constituent Assembly. The speeches
made by the maker of law expressing their intention. In India, legislative history is
logically admissible aid to interpretation. The Supreme Court of India for last several
year made extension reference to the speeches made on the floor of Constitution
Assembly, the event which took press before the enactment of status. Give us logical
base for further interpretation.

In AK Gopalan versus StateofMadras 1950

Attention of Supreme Court judges was drawn to the debates and reports of
drafting Committee of Constitution Assembly, Chief Justice Kenya observed that the
report may be read not to control the meaning of article, but may be seen in case of
ambiguity.

Doctor Baliram Hire versus Mr Justice Billeting Air 1988 SC 2267.

The Law Commission’s report was referred for reference of the section 195(3)ofCrpc
1973.
6) Government publication and reports:
Government publication report can be used for limited purpose as an aid to
interpretation. The basic purpose of any interpretation is to ascertain the intention of
the legislature of government. Publication and report helps to the determine the
intention of lawmakers in better manner then the same should be taken help of.
InMithileshKumariversus Prem Bihari Khare Air, 1989SC1247.
 32

In this case, the report of Law Commission before the passing of benami
transaction prohibitionAct 1988was referred and relied upon.

7) Foreign laws and decisions:

Judges may refer to foreign laws and decision if the jurisprudence of both the
countries is same, similarity in political system and ideology, when there is no
domestic law on point and if the Indian court believe that decision passed by the
foreign court is not arbitrary.However, the foreign courts or decision have only
persuasive value as the courts in India are not bound by the foreign courts.
Example: in Right to Privacy case, judges refer to foreign judgements.
T.V RamsubhaIyer vs Ahmed Mohiden AIR 1972 Mad. 398
It was held in the case that the soul basis for the application of principle of law,
of tort, as applied and enforce under the common law of English, is justice, equality
and good conscience, Justice. Whatever is due entitle should be given to person.

8) Committee Reports:
Before the framing of the Bill, usually the matter is referred to a committee to
consider it in detail and give its report thereon. These reports of the commissions and
committee have been referred to as evidence of historical facts or of surrounding
circumstances and used for interpreting the Act.

Example: the criminal amendment act was based on the recommendation by J.S.
Verma Committee Report such report can be referred in case of any ambiguity in
amendment.
9) Legislative Debates/Speech:
It is referred as to debates or speeches which are made in the course of passing
a bill in the parliament by the parliamentarians to put forth their view.
It is not considered as a conclusive aid to interpretation and is therefore, not
admissible because many times speeches are influenced by the political pressure or
maybe incorrect to rely upon.

KesavanandaBharati versus State of Kerala AIR 1973 SC 1461

Whether or Not It is permissible to have recourse to the debates in the
legislature or the purpose of understanding the statute, It is certainly permissible to
look into legislative history of the enactment.

10) Constituent Debates/Speech:

It shall compromises all such debate which had taken place in the parliament at
the time of formation of Constitution of India. In case of inconsistency or repugnancy
in the Constitution the court can clearly refer to such debates.IndraSawhney v.
Union of India [12], the interpretation of the expression backward class of citizen'
used in Article 16(4) was in question before the court.The SC under this case referred
to the speech given by B.R. Ambedkar to understand the context, background and
object behind its use of the given expression.
 33

11) Statement of objects and reasons:

The statement of object and reasons are attached to the bill which describe the objects,
purpose and the reason for the bill.It also gives understanding of the background, the
antecedent state of affairs and the object the law seeks to
object a bill serve to achieve.
State of Bihar v. Mohammad Ismail, AIR 1966 Pat 1,
The statement of objects and reasons may not be used for the purpose of
construing the meaning of the particular word in an enactment, yet it can be referred
to, for the limited purpose of ascertaining the conditions prevailing at the time which
actuated the sponsor of the Bill to introduce the same which is sought to be remedied.

12)Term of Trade and commerce:

Term of trade and commerce. When they occurs in a legislation occurring,
those subject should be deemed to have been used in their or commercial meaning,
unless of course a. Contrary legislative intent is evident.

13) Previous decision:

We can take the help of foreign decision also, but as rightly pointed out by
Pollock, CB Statute is reasonably plain and clear, we need not take. Help of Orange
decision and similar statute on the point.

Additional. CIT. Gujarat v Surat Silk Cloth Manufacturer Association, EIR,

1980 SC 357.
In this case it was held that Interpreting charitable purpose in Section 2 of
Income Tax Act, 1961, the English decision on the interpretation of same expression.
In the English Income Tax Act was not binding on Indian course.
These words charitable purpose in the Indians statutes must be construed
according to their longer uses and against their background of Indian life.

14) previous legislation:

In case of doubt, the court can see the history of previous act to determine
construction of the word and can draw a reasonable inference.

Gulabchand vs Kudilal 1952

It was held that Where a statute is only modifying the form of any previous
law, it is necessary to refer that law.

15)Public Policy:
A law must be in position to meet the changing need of the society .legislation
is intended to satisfy and to give shape to established principles of public policy.

The legislation must not be against the spirit public policy.

16)Historical Settings :
The Court is not to be oblivious of the history of law. Where the history of law
tells what the object of the legislature was, the Court has to see whether the terms of
the section are carrying out that object. In Haydon’s case (1884) the rule is laid down
 34

that to a certain extent the surrounding circumstances which laid to the passing of the
Act can be considered for the purpose of construing a statute e.g. circumstances
leading to passing of TADA.
4)Conclusion :
➢External aids to the interpretation of statutes include parliamentary history,
historical facts, scientific inventions, other statutes, foreign decisions and
dictionaries/textbooks. It provide valuable context and guidance for understanding the
meaning and intent of a statute.

Q. 12) Explain the general principles to be followed while interpreting statute

affecting jurisdiction of courts ?
Ans - Synopsis
1) introduction
2). Meaning of the jurisdiction
3). Statutory jurisdiction
4) general principles affecting Jurisdiction of the courts .
a) exclusion must be explicitly expressed or clearly implied
b) three classes of cases
c) Case's of breach of statutory duties
d) omission to exercise statutory power
5) The extent of Exclusion.
a) construction of exclusionary clause
b) cases of nullity
c) rule of conclusive evidence
6) Exclusion of jurisdiction of superior courts
7) conclusion

1)Introduction
• Civil procedure code .1908 .criminal procedure code 1973 prescribe various
rules regarding the jurisdiction of civil and criminal courts .
• sec. 9 of c.p.c.provides a cardinal rule as to jurisdiction of civil court. Sec.15 to
20 deals with the rules of competency or Jurisdiction of civil court's

2)Meaning of Jurisdiction
• The word jurisdiction is derived from the word juris and deco.
• Jurisdiction is meant the authority by which a court has to decide the matter
that are deligated before or to take cognizance of matter presented in a formal way for
its decisions.

3) statutory jurisdiction

• Statutory jurisdiction is established by general stature providing jurisdiction for

all courts on a particular leval as well as by the statutes establishing individual courts.

4) general principles Affecting jurisdiction of the courts

a) Exclusion must be explicitly expressed or clearly implied
 35

• The provisions excluding jurisdiction of civil courts and provisions conferring

jurisdiction on authorities other than civil courts are strictly construe.
• There is a strong presumption that civil courts have jurisdiction to decide all
questions of civil nature.. therefore the exclusion of jurisdiction of civil courts is not to
be readily inferred and such exclusion must either be explicitly expressed of clearly
implied.

(Bhatia International vs .bulk trading S.A.2002. A I R 2002.)

b) three classes of cases
• WILLS .J. Stated " There are three classes of cases in which a liability might

be established. Founded upon statute.

1 ) one is where there was a liability existing at common law .and that liability is
affirmed by a statute which gives a special and peculiar form of remedy different from
the remedy which existed at common law..there unless the statute contains words
which expressly or by necessary implication exclude the common law remedy .the
party suing has his election to persue either that or the statutory remedy..
2 )The second class of cases is where the statute gives the right to sue
merely .but provides no particular form of remedy, the party can only proceed by
action at common law.
3 ) But there is a third class viz., where a liability not existing at common
law is created by a statute which at the same time gives a special and
particular remedy for forcing it .,the remedy provided by the statute must be
followed and it is not competant to the party to persue the course applicable
to cases of the second class.
(Wolverhampton New waterworks co.,vs.Hawkesford (1859).
C) cases of breach of statutory duties
1) there is no universal rule by reference to which the question of
maintainability of civil action can be answered.
2) in the words of Lord TENTERDON ,C.J. "when an act creates an obligation
and enforces the performance in a specifide manner , we take it to be a general
rule that performance cannot be enforced in any other manner ,if an
obligationis created but no mode of enforcing its performance is ordained., the
common law may in general find a mode suited to the partularnature of the case.,
(Doe d. Bishop of Rochester v.Bridge
D ) Omission to exercise statutory Power
Subject to exceptional case the normal rule is that an omission by a public
authority to exercise a statutory Power conferred for the benefit of the public does not
give rise to breach of duty sounding in damages.
that in the circumstances it would have been irrational for the authority not to
have exercised the power so that's in effect there was a public law duty to act and
that there were exceptional grounds to hold that the policy of the statute
conferred a right to compensation on person who suffered loss if the power was not
exercise.

5 ) The extent of Exclusion

 36

a ) construction of exclusionary clauses

1) the absence of a provision to enable an .authority or tribunal for holding an inquiry
on a particular question is indicative that Jurisdiction of civil court on that question is
not excluded.
2) it has been held in a case that when jurisdiction of civil courts on a particular matter
is excluded by transferring that jurisdiction form civil courts to tribunal or authorities .
b) cases of Nullity
1). A question is often asked "When can order passed by a tribunal or authority of
limited jurisdiction be held to be a nullity.?
the answer is supplied by the original or pure theory of jurisdiction .the
jurisdiction of a tribunal is determinable at the commencement of a proceeding and if
jurisdiction is properly assumed any order passed thereafter will be within jurisdiction
and conclusive though it may be erroneous in fact or law.

2) but if a question of fact or law is non-jurisdictional the tribunals decision is final

and conclusive.
it can be said that a tribunal cannot be a wrong determination of a jurisdictional
question of fact or law exercise a power which the legislature did not confer upon .

however in this theory the determination between jurisdictional and no - jurisdictional

questions of fact or law is not clear.
3 ) in ujjam Bai vs.state of U.P.(.AIR. 1962)
It was held that adjudication by a tribunal of limited jurisdiction is void when-

a) Action is taken under an ultra vires statute.

b ) the subject matter of jurisdiction is beyond its competence or the order passed is
such which it has no authority to pass.
c). The adjudication is precedurally ultra vires being in violation of fundamental
principles of judicial procedure and.
d) jurisdiction is assumed by wrongly deciding jurisdictional questions of law or fact.
A consideration of following points is relevant there.
",An exclusionary clause using the formula 'an order of the tribunal under this
act shall not be called in question in any court ineffective to prevent the calling in
question of an order of The tribunal if the order is really not an order under the act but
a nullity.
Cases of nullity may arise when there is lack of jurisdiction at the stage of
commencement of inquiry e,g. When..

1) Authority s assumed under an ultra vires statute

2 ) tribunal is not properly constituted .
3) the subject matter or the parties are such over which The tribunal has no authority
to inquire and
4) there is want of essential preliminaries prescribed by the law for the
commencement of the inquiry.
Cases of nullity may also arise during the course 0r at the conclusion of the
inquiry .,These cases are also cases of want of jurisdiction if the word "
 37

jurisdiction '' is understood in a wide sense ...some example of these cases are
1) when the tribunals has wrongly determined a jurisdictional question of
fact or law
2). When it jas failed to followed the fundamental principles of judicial procedure.
3) when it has violated the fundamental provision of the act
4) when it has acted in bad F with and
5) when it grants a relief or makes an orders which it has no an A authority
to grant or make
6) later on another category.(f) was also added after category (e) I.e.
7) when by misapplication if the law it has asked itself the wrong question
(O,reilly macan ,1982)
C) Rule of conclusive Evidence
a) By enacting rules of conclusive evidence or conclusive proof ,the legislation may
make certain matter non -justiciable ..
b) the effect of a conclusive evidence clause is subject at least two qualifications.
c) A conclusive evidence clause may be held to be invalid as an unreasonable
restriction of the fundamental right
d). The insertion of such clause in statute s conferring power may fail to shut out basic
defect of jurisdiction in exercise of the power .

6 ) Exclusion of jurisdiction of superior courts.

There jurisdiction conferred by the constitution can be taken away only by
amending the constitution and not by statutory enactments..
In Kilhota Hollohon vs.Zachilhu (A.I.R.1993) it has been held that even a
provision in the constitution conferring finality to the decision of an authority is not
construed as completely excluding judicial review under Article 136.226,and 227 of
the constitution but limiting it to jurisdictional errors viz..infirmities based on
violation of constitutional mandate ,malafides non-compliance with rules of natural
justice and perversity....

7) Conclusion
Civil court has inherent jurisdiction to decide the question as to its own
jurisdiction .
it is presumed that every civil court has Jurisdiction to try and intertain any suit
of civil nature .the jurisdiction of the civil court is beyond the wishes of the parties.

Q 13) Discuss principles of governing interpretation of penal statute. Penal

statute are strict statute explain with decided case law
Ans : Synopsis
1. Introduction
2. Object of interpretation of penal statute
. Principal of governing interpretation of penal statute Courts cannot strain the words
. Construction favorable to the accused must be refused
. Purpose of the statute must be kept in view
. Common sense approach may be taken if necessary
 38

. Application of language to developments in science of technology permitted

.
. Penal statute are strict statute
. Case law
. State of Kerala v. Mathai Varghese
. State of Panjab v. Guranit Singh
. Conclusion

1) Introduction

Penal statutes may be defined as Those statues that impose penal liability on a
person who is guilty of any offence
In Halsburys law of England A penal statute has been described as one whose
primary object is expressly enforceable by fine imprisonment or other punishment
2) Object of interpretation of penal statute
Is punish the offenders by way of imprisonment fine forfeiture etc

3) Principles of governing interpretation of penal statute

The basic principles of strict construction of penal statute is that a person
cannot be penalized without clear letter of law

Court cannot strain the words

Application of the principal law not permit the court to restrain the
comprehensive language used by legislature
Where the wide scope is intended to be given to a provision the courts cannot
restrict the meaning
Construction favorable to the accused must be refused
It in a penal statute two interpretation are reasonable possible owing to
ambiguity of word’s the courts lean towards that construction which exempts the
person from penalty rather than that which imposes penalty

Purpose of the statute must be kept in view

While constructing a penal statute strictly the purpose and object of the statute
should not be last out of right

Common sense approach may be taken if necessary

Where meaning of a word is required to be deduced by application of common
sense courts can solve such amloinguity by common sense approach

Application of language to developments in science of technology permitted

The rule of strict construction does not prevent the court in interpreting a
statute according to its current meaning.
Rule does not forbid application of language to cover developments in science
of technology not know at the enactment of the statute
 39

4) Penal statute are strict statute

The penal statutes most always be strictly interpreted
It can act creates an offence of also prescribes a penalty for its violation the
words used in such act must receive strict construction
Case law
1.state of Jharkhand v s ambay cements
Supreme court heald that it is settled rule of interpretation that where a statute
is penal in character it must be strictly construed

2.sakshi v UOI
It was held that a statute enacting an offence or imposing a penalty is to be
strictly construed

5) Case law
1 ) state of Kerala v mathai Varghese
It was held that expression any currency note or bank note use under section
489a of IPC includes currency notes of all countries and not only Indian currency
notes.

2) State of Punjab v s Gurmeet Singh

It was held that a penal statute should be strictly constructed Hence the
expression any relate of her husband is section 304 b of IPC should be limited to
persons related by blood marriage or adoption

6) Conclusion
Statutes dealing with wrongful at against the public are called penal statute
Penal statutes are those statutes which enact an offence of also prescribed
penalty for commission of the same

Q 14) Explain principles governing interpretation of remedial statute. Explain

remedial statute are liberal statute with the help of decided case laws. State and
explain difference between remedial and penal statute.
Ans : Synopsis
1. Introduction
2. Meaning of remedial statute
. Principles governing interpretation of remedial statute – Remedial statute to be
construed liberally
. Beneficial construction
. Strict construction when provisions are penal in nature
.
. Remedial statute are liberal statute
. Case laws Associated cement companies v. Workmen
. Shyam sunder v. Ram kumar
.
. Distinction between remedial and penal statute
 40

. Conclusion

1) Introduction –

The statute may be classified as penal and remedial statute.

These statutes deals with wrongful acts against an individual and allow
damages or compensation to those persons whose civil right have been infringed.
Such statute is also called as beneficial or liberal statute.
2) Meaning of remedial statute
Remedial statute are those statute which provide remedy for a wrongful act in
the form of damages or compensation to aggrieved party but do not make wrongdoer
liable for any penalty.
They are also called welfare legislation.
Eg .of remedial statute – Industrial dispute Act 1947, Consumer protection Act
1986.

3) Principles governing interpretation of remedial statute

A) Remedial statute to be construed liberally
In construing in remedial statute, the court should construed it liberally.
In field of welfare legislation there has to be liberal interpretation and it must
have due regard to the Directive principle of state policy and international convention
on the subjects.

B) Beneficial construction
It is a well known principle of interpretation that when construing a remedial
statute, the court has to lean in its interpretation in favour of the subjects rather than in
favour of the state.

C) Strict construction when provisions are penal in nature

A statute may in certain aspects be penal enactment or in certain other remedial
one. In such complex statute which are sanctioned on punishment for crime the rule of
strict construction in the limited sense have to be applicable.

4) Remedial statute are liberal statute

The term liberal construction refers to the ability of the bench to interpret
different factors while determining the meaning of a word or document.
The interpretation must be made liberally with goal of promoting or
discovering the states objective . In the event of welfare laws, ambiguous language
liberal construction is used.
This construction is governed by the golden rule and mischief rule which are
referred to by judges.
The consumer protection Act ,1986 is a valuable method of law that protects
the interest of consumers.It ought to be interpreted liberally.

5) Case laws
 41

Shyam sunder v. Ram kumar

If the statute’s provisions is clear, unambiguous and without doubt the

applicability of liberal construction is not possible.
Associated cement companies v. Workmen 1960
In this case it was held that where the right is based on ground of human public
policy and the statute which gives such right should be liberally construed and when
there is disqualifying provisions later it should be construed strictly with reference to
the words used there in.liberal construction must flow from the language .

6) Distinction between remedial and Remedial statutes

penal statute
Penal statutes
1. They deal with the wrong against the 1.They deal with the wrong against an
state. individual.
2. They provide punishment for public 2.They provide remedy for infringement
wrong. of private civil rights of individuals.
3. They provide with such wrongful acts 3.They deal with such wrongful acts for
the commission of which attracts which remedy is civil action.
punitive action.
4. Penal remedy for wrongful acts is in 4. The remedy for wrongful acts is in the
the form of imprisonment, fine, forfeiture form of damages or compensation to
etc. Is imposed on the wrongdoer aggrieved party but the wrongdoer is not
held liable for any penalty
5. Duty is fixed by state. 5. duty is fixed by party
6. State takes action and state is 6.Injured party takes action.
prosecuting agency.
7. Negligence along with criminal 7.Proof of negligence is sufficient.
intention must be proved to constitute an
offence .
8. The penal statute are strictly 8.The remedial statute receive liberal or
construed. beneficent construction.
9. Penal statutes are known as penal. 9.The Remedial statute are known as
welfare, beneficent or social justice
oriented legislation.
10. In case of violation of penal laws 10. Remedial statutes are enforced by
state initiate the action against the law when suit is filed by aggrieved party
criminal in criminal courts. in civil court or in tribunal.
11. The doubt is resolved in favour of the 11. The doubt is resolved in favour of
alleged offender. class of person for whose benefit the
statute is enacted.
7) Conclusion
The remedial statute are beneficial to weaker section of the community.

In construing a remedial statute the court should construe it liberally.

 42

If the words of the remedial statute are ambiguous and of two interpretations,
benefit of the interpretation is given to the subject or weaker section for whose benefit
the statute is enacted.

Q.15 ) Discuss commencement and operation of statute.

Ans :- Synopsis
1) Introduction
2) Definition of Commencement
3) Types of Operation of Statute.
a) prospective operation
b) Retrospective Operation.
4) Conclusion

1) Introduction
In legal terms, commencement refers to the starting or beginning of a legal
action, process or proceeding.
The term is commonly used in the context of the commencement of a statute or
law, which refers to the date when the statute comes into force or effect.
The commencement of a statute is an important legal concept, as it determines
the date from which the statute is applicable and enforceable.
The commencement date is usually specified in the text of the statute itself or
in a separate commencement order issued by the relevant government authority.
The date of commencement may be different for different provisions of the
statute. For example, some provisions may

2) Definition of Commencement
The commencement of a statute is an important legal concept, as it determines
the date from which the statute is applicable and enforceable.
The commencement date is usually specified in the text of the statute itself or
in a separate commencement order issued by the relevant government authority.
For example, some provisions may come into effect immediately upon the
commencement of the statute, while others may have a delayed commencement date
or may only come into effect when certain conditions are met.

3) Operation of Statutes

Operation of statutes in general means usage of statutes which we bound to use

law maker and will be used by the law follower.
In this concept we will be discussing about prospective and retrospective
operation of statutes.
Prospective means future laws, that means if any law or a regulation which
were made in the purview of future of acts.
Retrospective means past laws, that means laws which followed under events
impaired an existing right or obligation. So, lets us discuss the topic in brief with
relevant case laws.
 43

4) Types of Operation of Statutes

The operation statutes are of two types, i.e.
1) Prospective Operation
2) Retrospective Operation
1) Prospective Operation
which seeks to lead current and future activities, events which are deemed to
organize the regulatory system intact. prospective with reference to statutes shows that
it is concerned with or applying the laws in future or at least from the date of
commencement of the statute

Meaning:
The future activities and events of the law are been decided to analyze and
articulate the all the amendments made with respect to the fundamental rights till the
day of the decision in the case would continue to remain valid and effective.
All the provisions made in the purview of the future are meant to be
prospective statutes.

Doctrine of Prospective Overruling

The doctrine of Prospective Overruling originated in the American Judicial
System.
It dictates that a decision made in a particular case would have operation only
in the future and will not carry any retrospective effect on any past decisions.
The basic doctrine of Prospective Overruling has been adopted in Constitution
to decide many high influenced cases and to clear the uncertainty among the cases and
to overrule the retrospective statutes and set the absurdity and ambiguity among the
constitutionally amended statutes.
Law is dynamic and change is law of life, and constitution of the paramount
law of the land. In the annals of our constitutional amendments, we notice that thee
power and potency of interpretation, a unique tool of judiciary, created ripples in the
judicial philosophy, which in turn confused the common gentry with regard to the
constitution.
3) Retrospective Operation:
Which seeks to govern past acts, events as to impair an existing right or
obligation. A retrospective statute contemplates the past and gives to a previous
transaction some different legal effect from that which it had under the law when it
occurred or transpired.
Retrospective operation of law therefore means application of law to facts or
actions which exist even prior to the date the said law is promulgated.
A statute is to be deemed retrospective which takes away or impairs any vested
right acquired under existing laws, or creates a new obligation, or imposes a new duty,
or attaches a new disability in respect of transactions or considerations already past

Meaning:
Retrospective generally means to take a look back at events that already have
taken place.
 44

The term is used in situations where the law (statutory, civil, or regulatory) is
changed, altered or reinterpreted, affecting acts committed before the alteration

Conclusion:
Hereby I conclude my opinion, that the Statutes dealing with substantive rights
is prima facie generally prospective unless it is expressly or by necessary implications
made to have retrospective operation.
But the rule in general is applicable where the object of the statute is to affect
the vested rights or impose new burdens or to impair existing obligations.
In legal terms, commencement refers to the starting or beginning of a legal
action, process or proceeding.
The term is commonly used in the context of the commencement of a statute or
law, which refers to the date when the statute comes into force or effect.

Q.17) Describe various modes of interpreting Constitution.

ANS : Synopsis
1) Introduction
2) Meaning and Nature
3) General Rules While Interpreting Constitution
4) Modes Of Interpreting Constitution
5) Conclusion
1) Introduction

• When exercising power to review the constitutionality of governmental action,

the Supreme Court has relied on certain “methods” or “modes” of interpretation.
• That is ways of figuring out a particular meaning of a provision within the
Constitution.
• Interpretation can be done with help of common modes of constitutional
interpretation; examples of Supreme Court decisions; and overview of the various
arguments in support of, and in opposition to, the use of such methods of
constitutional interpretation.
2) Meaning And Nature
• In the construction of Constitution a broad and liberal spirit will be adopted.
• Nevertheless, this does not imply that the courts are free to stretch or pervert
the language of eactment.
• Courts have to guard themselves against extending the meaning of the words
beyond their reasonable connotation.

3) General Rules While Interpreting Constitution

• Entire Constitution must be read.
• Harmonious construction must be followed.
• Constitution must be understood liberally and broadly.
• Constitution prevails over other laws.
 45

4)Modes Of Interpreting Constitution

a) Textualist Interpretation
• Textualism is a mode of interpretation that focuses on the plain meaning of the
text of a legal document.
• Textualism usually emphasizes how the terms in the Constitution would be
understood by people at the time they were ratified, as well as the context in which
those terms appear.

b) Originalist Interpretation
• Whereas textualist approaches to constitutional interpretation focus solely on
the text of the document.
• Originalist approaches consider the meaning of the Constitution as understood
by at least some segment of the populace at the time of the Founding.
• Originalists generally agree that the Constitution’s text had an “objectively
identifiable” or public meaning at the time of the Founding that has not changed over
time.

c) Judicial Precedent Based Interpretation

• The most commonly cited source of constitutional meaning is the Supreme
Court’s prior decisions on questions of constitutional law.

• For most, if not all Justices, judicial precedent provides possible principles,
rules, or standards to govern judicial decisions in future cases with arguably similar
facts.
d)Pragmatist Interpretation
• Pragmatist approaches often involve the Court weighing or balancing the
probable practical consequences of one interpretation of the Constitution against other
interpretations.
• One flavor of pragmatism weighs the future costs and benefits of an
interpretation to society or the political branches, selecting the interpretation that may
lead to the perceived best outcome.

e)Moral Reasoning Based Interpretation

• This approach argues that certain moral concepts or ideals underlie some terms
in the text of the Constitution (e.g., “equal protection” or “due process of law”), and
that these concepts should inform judges’ interpretations of the Constitution.

f)National Identity (or “Ethos”)

• Judicial reasoning occasionally relies on the concept of a “national ethos,”
which draws upon the distinct character and values of the American national identity
and the nation’s institutions in order to elaborate on the Constitution’s meaning.

g) Structuralist Interpretation
• Another mode of constitutional interpretation draws inferences from the design
of the Constitution
 46

• The relationships among the three branches of the federal government is

commonly called separation of powers; the relationship between the federal and state
governments (known as federalism); and the relationship between the government and
the people.

h)Historical Interpretation
• Prior decisions of the political branches, particularly their long-established,
historical practices, are an important source of constitutional meaning.
• Courts have viewed historical practices as a source of the Constitution’s
meaning in cases involving questions about the separation of powers, federalism, and
individual rights, particularly when the text provides no clear answer.

5) Conclusion
• Judges use their reasoning skills to decide what particular laws mean when they
rule on cases.
• Different judges sometimes use different methods to interpret the Constitution,
meaning that judges do not always agree on the meaning of the Constitution.
• There are eight widely accepted methods of interpretation that shed light on the
meaning of the Constitution.