EXTERNAL AIDS TO

CONSTRUCTION
 S.C. Prashar v. Vasantsen Dwarkadas
AIR 1963 SC 1356

• In construing an enactment and determining its true scope it is

permissible to have regard to all such factors as can legitimately be
taken into account to ascertain the intention of the legislature such as
the history of the act, the reason which lead to its being passed, the
mischief which had to be cured as well as the objective of the other
provisions of the statute has to attain.
 S.P. GUPTA v. UOI
AIR 1982 SC 149

There is one principle on which unanimity of all the courts in the

world and this is that where the words or the language used in
the statute are clear and intelligible and pointed so as to admit of
no ambiguity, vagueness, uncertainty, there is no room for
deriving supports from external aids.
 External Aids to construction

• Parliamentary history
• Historical facts and surrounding circumstances
• Dictionaries
• Reference to other Statutes
• Foreign Decisions
• International conventions
• Text Books
• Effect of Usage and Practice
 Parliamentary History

• There has been fluctuating view of Supreme Court of India as to

admissibility of Parliamentary History as external aid to construction.
• In some cases, Supreme Court approved invocation of Parliamentary
History for resolving the ambiguity but in few cases, it rejected the
same outright.
 What comprises Parliamentary History

• Debates on a bill in the process of its passing

• Statement of Objects and Reasons accompanying a
Legislative Bill
• Reports of Commission, Inquiry Committee, Joint
Parliamentary Committee or Study Group.
 Debates on a bill in the process of its passing

Chiranjit Lal Chowdhary v. UOI

AIR 1951 SC 41

• The court admitted Parliamentary History including the speech of

the Minister introducing the Bill as evidence of the circumstances
which necessitated the passing of the act.
 Debates on a bill in the process of its passing

Indira Sawhney v. UOI

AIR 1983 SC 477

• While interpreting Article 16(4) of the constitution of India, Supreme court

referred to the speech of Dr. Ambedkar in the constituent assembly and observed
that “the debates in a constitutional provision could be relied upon as an aid to
interpretation of a constitutional provision.”
 Debates on a bill in the process of its passing

P.V. Narsimha Rao v. State

(1998) 4 SCC 626

The apex court held that the statement made by the

Minister in the House who had moved the bill in parliament
can be referred to ascertain the mischief sought to be
remedied by the legislation but it cannot be relied on for
interpreting provisions of the enactment.
Historical facts and surrounding
circumstances

Heydon’s Rule

• What was the common law before making of the Act

• What was the mischief and defect for which common law
did not provide
• What remedy Parliament has resolved to cure the disease
• The true reason of the remedy.
 Auckland Jute Co. Ltd. v. Tulsi Chandra Goswami

• For the purpose of appreciating the scope and object of an old statute and for
explaining its language which may be susceptible of different meanings it may be
useful to remember the well-known historical facts led to the enactment. It is
settled rule of construction that the interpreter should place himself, as far as
possible, in the position of those whose words he is interpreting and the meaning
of certain words and terms used in an ancient document or a statute can be
properly explained only by reference to the circumstances existing at the time
when the statute was enacted or the document was written.
 IMPACTS OF SUBSEQUENT DEVELOPMENTS

Lord STEYN said, “Bearing in mind that statutes are usually intended to
operate for many years are usually intended to operate for many years,
it would be most inconvenient if courts never rely on current meaning of
the statutes”.
The court may interpret a statute having regard to those circumstances
which were unknown at the time of its passing. Court is also free to apply
current meaning of the statute to present day conditions.
 FOR EXAMPLE

The protection of Children Act was enacted in 1978. At that time

the computer technology was not anticipated. Sections 1 and 7
of the Act defined “indecent photograph”. It has been held that
the term “indecent photograph” appearing in the Act would
include “data stored on a computer disc”
 Nandlal Badwaik v. Lata Nandlal Baidwaik
AIR 2014 SC 932

• The question related to admissibility of modern technology providing of proof

of fact which was not available at the time when the statute was enacted.
• The apex court interpreted section 112 Indian Evidence Act, 1872 in the light of
the fact that DNA tests can provide conclusive proof of paternity.
• It was held that in the interest of Justice is best served by ascertaining the truth
and the court should be furnished with the best available science and may not
be left to rely upon presumption, unless science has no answer to the fact in
question.
 Section 112 IEA

Birth during marriage, conclusive proof of legitimacy- The fact that any
person was born during the continuance of a valid marriage between his
mother and any man, or within two hundred and eighty days after its
dissolution, the mother remaining unmarried, shall be conclusive proof
that he is the legitimate son of that man, unless it can be shown that the
parties to the marriage had no access to each other at any time when he
could have been begotten.
CONCEPT OF PERSONAL LIBERTY AS ENSHRINED IN ARTICLE 21 OF THE CONSTITUTION OF INDIA

“NO PERSON SHALL BE DEPRIVED OF HIS LIFE OR PERSONAL LIBERTY EXCEPT

ACCORDING TO PROCEDURE ESABLISHED BY LAW”

Right to livelihood

OLGA TELLIS v. BOMBAY MUNICIPAL CORP.

AIR 1936 SC 180

The word life in Article 21 includes ‘right

to livelihood ‘ also.
 Right to shelter is a fundamental right under
Chameli Singh v. State of UP Article 21 of the constitution.
Right to shelter (1996) 2 SCC 549

A citizen has a right to safeguard the

Right to Privacy R. Rajagopal v. State privacy of his own, his family, marriage,
(1994) 6 SCC 632 procreation, motherhood and education
among other matters. No one can publish
anything concerning the above matters
without his consent whether truthful or not.

Although the ‘right to privacy’ is a

Right to Privacy
Mr X v. Hospital ‘Z’ fundamental right under Article 21 but it is
not an absolute AIR 1995 SC 495 not an absolute right and restrictions can be
right imposed on it for the prevention of crime,
disorder or protection of health or morals or
protection of right or freedom of others.
 Right to education is a
Right to education Unni Krishnan v. State of A.P fundamental right under Article 21
of the constitution as it directly
flows from right to life.

The court considering the adverse

effects of smoking on smokers and
other persons issued orders of
Ban on smoking in Murli S. Deora v. UOI
banning smoking in public places
AIR 2002 SC 40
Public Places like hospitals, public institutes,
Railways, court buildings,
educational institutions etc.
DICTIONARIES
 DICTIONARIESS

Dictionaries can be consulted by the courts whenever the need arises to know
the ordinary sense of a word. But the courts must be careful because it is not
necessary that dictionary meaning of a word may be true meaning in a
particular context.

Commr. Of wealth Tax, AP v. Officer in Charge

AIR 1977 SC 13

Diverse meaning of words are given in a dictionary. It is very difficult for a court
to choose the correct meaning out of the same. Under these circumstances the
context in which the word has been used becomes very important. The court
should, therefore always keep in mind the context in which a word has been
used while choosing the correct meaning of that word.
 DICTIONARIESS

Alamghir v. State of Bihar Peyarelal v. Mahadeo Ramachandra

AIR 1961 SC 436 AIR 1974 SC 228

‘Detains’ ‘Food’

Dictionary meaning is not of much value when word is

defined in the act.
 TEXT BOOKS

It is the discretion of the courts to accept or reject the views given in a text
book which was referred to by the court.
InKeshavanand Bharati v. State of Kerala (AIR 1973 SC
1461), Where a large number of text books were quoted in
arriving at the decision.
 Reference of other Statutes

Another statute can be used in interpreting the statute under consideration

only when it is shown that the two statutes are similar.

Tata Consultancy Services v. State of AP

(2005) 1 SCC 308

Justice Sinha has emphasized that in the absence of incorporation or

reference, it is not permissible to interpret a word in accordance with its
definition in other statutes, and more so when the same are not dealing with
any cognate subject.
 INTERNATIONAL CONVENTIONS

Principles of international law whenever applicable operate as a statutory implication.

Contextual meaning to a statute is to be assigned having regard to the constitutional as
well as international law operating in the field.

Sarabjit Singh Rick v. UOI

(2008) 2 SCC 417

When a statute is required to be read with an international treaty, consideration of

the provisions contained in the latter is imperative.
 INTERNATIONAL CONVENTIONS

Pratap Singh v. State

(2005) 3 SCC 551

• Although international treaties, covenants and conventions may not

be a part of our municipal law, the same can be referred to and
followed.
• The constitution must necessarily be understood in the context of
the present day scenario and having regard to international treaties
and conventions, courts are not hesitant in referring to international
law in finding out new rights in the context of the constitution.
 FOREIGN DECISIONS

Indian courts have permitted in the interpretation of statutes with sobered used of
those foreign decisions of the countries which follow the same system of
jurisprudence as the Indian jurisprudence and which are rendered on statutes in Pari
materia.

Liverpool & London Assn Ltd v. MV Sea

Success
(2004) 9 SCC 512

The supreme court is not bound by foreign court decisions, they have only
persuasive value. But if they are in consonance with Indian Law, the courts can
borrow the principles laid down in foreign decisions keeping in view the
changing global scenario.
 Effect of Usage and Practice

CONTEMPORANEA EXPOSITION

The effect of usage and practice means that words of a

statute will generally be understood in the sense which they
bore when it was passed.

Need to consider Contemporanea Exposito may be advisable in giving effect to the legislative intent in the
face of draftsman’s unskillfulness or ignorance of law, yet the court must consider executive instructions
or office memorandum as executive interpretation based on the doctrine of Contemporanea Exposito .