1

CHAP. (1) – MEANING & OBJECT OF

INTERPRETATION

Q.1 In literal sense interpretation and construction convey the

same meaning but technically differs? (Nov.-09).

Q. 2 What do you mean by interpretation of statute?

Distinguish between construction and interpretation.
(Oct.-07).

Q. 3 The term interpretation and construction are

synonymous. Discuss. (Nov.-08).

Q. 4 Define the term interpretation of statute. Describe the

concept and power of interpretation. (March-07)

Q. 5 Define the term "Interpretation of Statute" describe it's

main object? (March-06).

Q. 6 What do you know about the term "Interpretation"? Why

the judiciary exercising the duty of interpretation of
statute. (March-05)

Introduction : -
Interpretation is the primary function of the court. The court
interpret the legislature whenever a dispute comes before it. Since
the will of legislature is expressed generally in the form of a statute,
the prime concern of court is to find out the intention of legislature
in the language used by the legislature n the statute. The court is
not expected to interpret arbitrarily & consequently there have to be
certain principles which have evolved out of the continuous exercise
by the courts. These principles are sometimes called rules of
interpretation.

Meaning of Interpretation : -
1. "Interpretation is the process by which the courts seek to
ascertain the meaning of particular legislation."

Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
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2. Salmond : - "Interpretation is the process by which the court

try to ascertain the meaning of legislation through authoritative
form in which it is expressed."

Authoritative form means after applying all the rules. Interpretation

is thus a scientific process.

Ascertainment of meaning : -
CASE LAW – State of Bombay Vs. Venkatrao Krishna Rao
Sardar, AIR, 1966 SC 991

Issue : - Whether the open platform is a building?

It is held that open platform having no wall or roof is a

building.

Definition of Cross : -
"Interpretation is the process by which a judgment constructs from
the words of statute book a meaning, which he either believes to be
that of the legislature or which he proposes to attribute to it."

According to Keeton : -
The function of judge in interpreting the statute is two fold –

1. Firstly he has to decide the exact meaning of what the

legislature has actually said.

2. Secondly he must decide what the legislature intended to have

said or ought to have said.

Object of Interpretation of Statute : -

According to Maxwell, "the object of all interpretation of a
statute is to determine what intention is conveyed, either expressly
or impliedly by the language used, so far as necessary for
determining whether the particular case or state of facts presented
to the interpreter, falls within it."

Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
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Need of Interpretation : -
1. To remove the ambiguity : -

When there is any ambiguity arises in the language or

provisions of statute in such circumstance to remove such
ambiguity from the language or provisions of statute there is need
to interpret the statute.

2. To achieve the real intention of legislature : -

Interpretation is necessary to ascertain the meaning of

particular legislation.

3. To avoid the in convince : -

If the inconvince arises in any statute due to the negligence

speed of draftsman & it is difficult to draw the conclusion of any
provision of a statute, in such circumstances also there is need to
interpret the statute.

4. To remove the double meaning : -

To remove the double meaning of any word, provisions of any

statute interpretation of statutes essential one.

5. To feel the lacuna : -

If any lacuna has been arises in any statute at the time of

enacting it to feel such lacuna it is necessary to interpret the statute
as per the intention of legislature.

Distinction between Interpretation and Construction : -

Interpretation Construction
1. Interpretation means the art 1. Construction means drawing
of finding out the true sense of conclusion on the basis of the
an enactment by giving the enactment even the enactment
words their natural and even the same does not
ordinary meaning. appear if the words used in
the enactment are given their
natural meaning.

Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
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2. Interpretation is the art of 2. Construction on the other

finding out the true sense of hand, is the drawing of
any form of words that is, the conclusions, respecting the
sense which their author subjects that lie beyond the
intended to convey them the direct expression of the text
same idea which author from elements known from
intended to convey. and given in the text.

Article 21 of the Indian Constitution : -

Article 21 of the Indian Constitution provides that "No person
shall be deprived of his life and personal liberty, except according to
the procedure established by law."

The word 'Right to Life' under Article 21 of the Indian

Constitution includes right to privacy, right to means of livelihood,
right to live with human dignity, right to education etc.

CASE LAW – Maneka Gandhi Vs. Union of India

In this it wad held by the Supreme Court that right to life

under Article 21 of the Indian Constitution also includes 'right to go
abroad.'

Conclusion : -

Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
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CHAP. (2) – GENERAL PRINCIPLES OF

INTERPRETATION

Q.1 Write on account on literal rule of interpretation?

(March/April-09)

Q. 2 Discuss about the Golden rule of interpretation

(March/April-09)

Q. 3 Explain the literal rule of interpretation? (Nov.-09)

Q. 4 Describe Hyden's rule of interpretation? (Nov.-09)

Q. 5 What do you know about the meaning of mischief rule

discus with the case laws? (March-08)

Q. 6 Discuss primary rule of interpretation. (Nov.-08)

Q. 7 Discuss mischief rule of interpretation in the light of

decided cases. (Nov.-08)

Q. 8 What is the golden rule of interpretation discuss with

leading cases. (March-07)

Q. 9 Discuss the rule of literal construction. (Oct.-07)

Q.10 What are the rules for construction of statute? Describe

the limitation of the interpretation of statute? (March-06)

Introduction : -
"General Principles of Interpretation"
"Rules of Statutory Interpretation"
"Basic Principles of Interpretation"
"Method of Interpretation"

General rules of Interpretation : -

1) Primary fundamental rules/principles of Interpretation.
a) Literal or grammatical Interpretation.
b) Liberal or logical Interpretation.

2) The main other principles of Interpretation

Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
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a) The mischief rule

b) The golden rule
c) Harmonious Construction
d) The statute should be read as a whole
e) Construction litres magis valeat quam pereat
f) Identical expressions to have same meaning
g) Construction noscitur a sociis.
h) Construction ejusdem generis
i) Construction expressio unius est exclusion alterius.
j) Construction contemporanea exposition est fortissimo in lege.

There are certain general principles of interpretation which

have been applied by courts from time to time. Which are
mentioned above –

1) The primary rule – Literal Construction or The literal or

Grammatical Interpretation : -

The first principles of interpretation is the literal or

grammatical interpretation which means that the words of an
enactment are to be given their ordinary and natural meaning, and
if such meaning is clear, and unambiguous, effect should be given
to a provision of a statute whatever may be the consequences. The
basis of this principles is that the object of a interpretations being to
know what the legislature intended, whatever was the intention of
legislature has been expressed by it through words which is to be
interpreted according to the rules of grammar. This has been called
the safest rule because the legislature’s intention can be inferred
only from the language through which it has expressed itself. If the
language of a statute is plain, the only duty of the court is to give
effect to it and the court has no business to look into the
consequences of such interpretation.

It is a cardinal rule of interpretation that the provisions of the

statute to be construed, literally or grammatically by giving words in
their ordinary and natural meaning. The literal rule of interpretation
demands that if the meaning of statutory interpretation is plain the

Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
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court must apply it as it is, regardless of the result. The court can’t
add words to a statute or read words into it, which are not there.

It is an elementary rule of construction that the language used

in statute must be construed in its grammatical sense. It is
competent to a judge to modify the language of an Act in order to
bring it in accordance with his own use as to what is reasonable
and right.

It is the first and primary rule of construction that the

intention of the legislature must be found in the words used by the
legislature itself. In constructing the statute it is to construe its
provisions literally and grammatically and giving the words their
natural and ordinary meaning. The words of statute are first
understood in their natural, ordinary or popular sense and phrases
and sentences are construed according to their grammatical
meaning, unless t6hat there is something in the object of statute to
suggest the contrary. Thus the intention of the legislature must be
found in the words used by the legislature itself. The court has to
see what has been said and not what should have been said. if the
words used are capable of one construction only, then it would not
be open to the courts to adopt any hypothetical construction on the
ground that such hypothetical construction more consistent with
alleged object and policy of the Act.

CASE LAW – Maqbool Hussain Vs. State of Bombay, AIR 1953

SC 325

In the above case the appellant a citizen of India, on arrival at

an airport did not declare that he had brought gold with him. The
god was found in his possession during the search and such gold
was seized under the Sea Customs Act, 1878. He was charged
under section 8 of the Foreign Exchange Regulation Act, 1947 also.
The appellant argued that the charge under Foreign Exchange
Regulation Act was violative of Article 20(2) of the Constitution
relating to double jeopardy because he was already punished for his
act by way of seizing his gold.

Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
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The Supreme Court held that Sea Custom Authority is not a

court or judicial authority. So the prosecution under Sea Custom
Act is not a prosecution and therefore there was no any violation of
Article 20(2) and his prosecution, trial under Foreign Exchange
Regulation Act, 1947 was valid.

In this case the Supreme Court draws the natural or

grammatical meaning of the language used in Article 20(2) of the
Constitution i.e. double jeopardy. 'Double Jeopardy' means no
person shall be prosecuted and punished for the same offence more
than once. Under double jeopardy the prosecution should be before
court or judicial authority and in the present case Sea Custom
Authority is not a judicial authority.

CASE LAW – Ranjit Udeshi Vs. State of Maharashtra, AIR 1965

SC 881

In the above case the appellant was convicted under section

292 of the Indian Penal Code by the High Court for selling an
obscene book, the sale of which was banned by the Govt. of India.
The appellant contended before the Supreme Court that meansrea
of the accused has always to be proved to maintain conviction
under Criminal Law. Since the prosecution had failed to prove
meansrea, that is to say that the appellant sold or kept for seilling
the obscene book with the knowledge that the book was obscene,
the conviction was unjustified.

The Supreme Court held that the knowledge of obscenity was

not an essential element of the offence under section 292 of the
Indian Penal Code. The section is plain and its meaning
unambiguous that’s what the conviction is legal one.

CASE LAW – Soniya Bhatia Vs. State of Uttar Pradesh, AIR 1981
SC 127

In the above the Supreme Court held that words with well
known meanings are generally used by the legislature in their
normal and popular sense. Therefore, the words 'transfer' and
'consideration' used in section 5(6) of the Uttar Pradesh Imposition

Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
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of Ceiling on Land Holding Act, 1961 must be understood in their

popular sense as under the Transfer of Property Act, 1882 and the
Contract Act, 1872 respectively.

CASE LAW – A. Madan Mohan Vs. K. Chandrashekhara, AIR

1984 SC 871

In the above case it was stated by the Supreme Court that

wherever a statue contains stringent provisions, they must be
literally and strictly construed so as to promote the object of the
Act.

CASE LAW–State of Kerala Vs. Mathai Verghese, AIR1987 SC 33

In the above case the Supreme Court applied the literal

interpretation while observing that since the expression 'currency-
note' and 'bank-note' in section 489-A and 489-E have not been
prefixed by the word 'Indian', the intention of the makers of the law
is clear that these expressions are not limited to only Indian
Currency notes and Indian Bank Notes and that they include those
of any other country of the world as well. The purpose is to
maintain market respectability and that the people must be assured
that the notes which they are dealing with are not worthless pieces
of papers.

There are two exceptions to this interpretation – The first of

these is where the letter of law is logically defective and ails to give
definite and complete idea which is know as "Logical Defectiveness."

The second exception according to Salmond is, where the text

read to a result of unreasonableness and it is clear that the
legislature could not have meant what it has said. Clerical error in
the text is an example of such result of unreasonableness.

The Logical Defectiveness includes : -

a) Ambiguity
b) Inconsistency
c) Incompleteness

Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
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a) Ambiguity : -

There can be conceptual ambiguity i.e. ambiguity in the legal

terms itself viz. definition of 'public servant' U/sec. 21 and 'good
faith' U/sec. 53 of I.P.C. This ambiguity also known as semantic
ambiguity. In such a case it is the duty of court to go behind the
letter of the law and try to find out from the other sources its true
meaning.

b) Inconsistency : -

Inconsistency where the meaning of the word lack of

uniformity. In such case it is the duty of the court to correct the
letter of the law accordingly. For example, the definition of 'Family'
in ceiling law and definition of essential commodities under the
Essential Commodity Act, 1955.

c) Incompleteness : -

According to Salmond, the text, that neither ambiguous nor

inconsistent, may contained some lacuna which prevents it from
expressing any logically complete ideal for example where there are
two alternative cases, law may make provisions for one of them and
remain silent as to the other. Such omissions, the court may
lawfully supply by way of logical interpretation.

Logical/Liberal Interpretation of Statute : -

This kind of interpretation gives discretionary power to the
court, which is an interpretation according to the intent, departs
from the letter of law and goes beyond the language used in statute
is adopted when grammatical interpretation leads to some
inconsistency. In such case, it is the duty of the court to discover
and give effect to the true intention of legislature.

Generally when there is doubt of meaning of any words used

in the text or context, logical interpretation is useful. The words
used by legislation sometimes do not contain a plain meaning and
hence in case of doubt, it is state that to have an eye on the object
and purpose of stature or to consider the reasons and spirit behind
Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
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the statute. A statute is best understood if we know the reasons

behind it.

CASE LAW – Brett Vs. Sir John Nicholl

In the above case Lord Cairns says that, "the key to the
opening of every law is the reason and spirit of every law."

CASE LAW – Smt. Sarla Magdoom Vs. Union of India, AIR 1995
SC 1531

In the above case it was held that a second marriage after

conversion to Islam of a Hindu who was already married though not
'strictly a void marriage under' The Hindu Marriage Act, 1955' was
yet void being 'against the spirit of the statute.'

The Mischief Rule : -

The Mischief Rue of Interpretation originated in Heydon's case
in 1584. In this case it was observed by an English court that for
the sure and true interpretation of all sections in general four things
are to be discussed and 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 the Parliament Act had resolved and appointed

to cure the disease of the common wealth? and

4. The true reason of the remedy; and then the court is always to
make such construction as shall suppress the mischief, and
advance the remedy.

After considering these our things the court should make such
interpretation which shall suppress the mischief and advance the
remedy. The object of mischief rule is that a man committing the
offence should not be escaped from punishment and the aggrieved
person should get the appropriate remedy from the court. If the
earlier statute was not sufficient for the suppression of mischief
Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
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then the legislature should enact new statutes or add the new
provisions in existing statute.

The mischief rule is applicable when the language of statute is

capable of more than one meaning. This rule should be applied to
ascertain the real nature of statute and also the intention of
legislature. This rule says that where more than one interpretations
are possible the court should give effect to such interpretation
which advance the remedy and suppress the mischief. It is the duty
of court to make such interpretation of statutes which shall
suppress the possible mischief and to advance the remedy which
has been provided by the statute. It is a sound rule of interpretation
that a statute should be interpreted according to the real intention
of legislature.

If the language of statute is plain and unambiguous this rule

shall not be applicable but when the language of statute is
ambiguous, inconsistent, not clear in such circumstance mischief
rule is to be applicable so as to suppress the mischief and advance
the remedy. For Example – Dowry death, the dowry suicides and
dowry harassment have been increased in India and for the purpose
to prevent them the parliament enacted Dowry Prohibition Act,
1961. When the concerning provisions did not render the fulfill
results to achieve the legislative intention, the parliament brought
certain amendments in the Act of 1961 and enacts new sections
304(B), 498-A in IPC, 1860 and also sec. 113-A and 113-B of the
Indian Evidence Act, for the purpose to suppress the mischief of
dowry. Here the object of these sections is to safeguard the married
woman from dowry death, dowry suicides, dowry harassment etc.
therefore it is a duty of court to remove the mischief of dowry and to
give the appropriate remedy to the victims while interpreting the
regarding to the dowry.

Section 292 is clear and precise. Further, the mischief of sale

of obscene literature was sought to be remedied by the provisions
and, therefore, the interpretation given by the appellant was
unacceptable.

Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
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CASE LAW – Peyarelal Vs. Mahadeo Ramchandra, AIR 1974

In the above case a charge under the prevention of Food

Adulteration Act, 1954 was brought against the appellant for selling
and keeping for sale supari which was sweetened with a banned
'artificial sweetner'. The appellant argued that supari was not a food
within the meaning of the Act. The Supreme Court rejected this
argument and held that supari is an article of food. The definition of
food under this Act is very wide and it covers all articles used as
food as also every component entering into it including flavoring
and colouring matters and preservatives. Further, it was held that
dictionary meaning is not necessarily the correct meaning of a word
which might have been used in a particular context in the statute.
The Supreme Court emphasizes that the word food should be
interpreted in the context of the mischief which the Prevention of
Food Adulteration Act, 1954 was intended to suppress and advance
the remedy. Therefore, from all angles taken separately or jointly
supari had no other meaning except that it was a food within the
meaning of the Act.

The Golden Rule : -

The golden rule is a modification of the principle of
grammatical interpretation. It says that ordinarily the court must
find out the intention of the legislature from the words used in the
statute by giving them their natural meaning but if this leads to
absurdity, repugnance, inconvenience, hardship, injustice or
evasion, the court must modify the meaning to such an extent and
no further as would prevent such a consequence. On the face of it,
this rule solves all problems and is, therefore, known as the golden
rule. Further, since the literal meaning is modified to some extend,
this approach is called the modifying method if interpretation. This
rule, therefore suggests that consequences or effects of an
interpretation deserve a lot more importance because these are
clues to the true meaning of legislation. There is a presumption that
the legislature does not intend certain objects and any construction
leading to any of such objects deserves to be rejected. The court
when faced with more than one possible interpretation of an
Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
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enactment is entitled to take into consideration the result of each

interpretation in a bid to arrive at the true intention of the
legislature.

There may be cases where even though literal interpretation

may include certain consequences not intended by the legislature,
the court shall not so interpret because some lawful justification is
available for doing so. Similarly an Act may be construed within a
limited scope even though the Tribunal Act and the rules do not
specifically provide for the application of order 33 of C.P.C., there is
nothing in the Act or Rules which precludes the Tribunal from
following procedure, if the ends of justice so required.

CASE LAW – State of Punjab Vs. Quiser Jehan Begum, AIR 1963
SC 1604

In the above case the respondent made an application under

section 18 of the Land acquisition Act, 1894 for reference to the civil
court within six months from her knowledge of award regarding
compensation whereas the section says that such reference would
be made within six months from the date of the award. Holding that
the application was within time, the Supreme Court held that
unless an award of compensation comes to the knowledge, either
actually or constructively, how can a reference if any, be made
against the award. Therefore, justice and fair play required that the
counting of the limitation period must begin from the date of the
knowledge of the award.

CASE LAW – Lee Vs. Khapp

In the above case the interpretation of the word 'stop' was

involved. Under section 77 (1) of the Road Traffic Act, 1960 a driver
causing an accident shall 'stop' after the accident. In this case a
driver stopped for moment after causing an accident and them
moved away. Applying the gold rule the court held that requirement
of section had not been followed by the driver as he had not stopped
for a reasonable period requiring interested persons to make
necessary inquiries from him about the accident.

Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
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CASE LAW – Tarlochan Dev Sharma Vs. State of Punjab, AIR

2001 SC 2524

In the above case the question of the interpretation of the

words 'abuse of his powers' in the expression "abuse of his power or
habitual failure to perform his duties" in section 22 of Punjab
Municipal Act, 1911 was involved. The Supreme Court observed
that to find out the meaning of the word not defined in an
enactment the courts apply the 'subject and object rule' which
means it is necessary to ascertain carefully the subject of the
enactment where the word occurs and have regard to the object
which the legislature has in view. In selecting one out of the various
meanings of a word regard must always be had to context. 'Abuse of
power' in the context implies a willful abuse or an intentional
wrong. An honest though incorrect exercise of power is not an
abuse of power.

CASE LAW – Karnail Sing Vs. Mohinder Kour, AIR 2003

In the above case a testator had made a will in favour of his

three sons and had deliberately disinherited his three daughters.
During the lifetime of the testator one of these three sons died
issueless leaving only his widow. The testator did not change his
will and died about two years and nine months after his sons death.
Interpreting the expression 'lineal descendant' in section 109 of the
Indian Succession Act, 1925 the Punjab and Haryana High Court
while applying the golden rule stated that if the testator had any
intention of disinheriting the widow of his pre-deceased son he
could easily have made another will. Thus, his intention was clear
to the effect that the widow should succeed to the legacy of his pre-
deceased son.

Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
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CHAP. (3) – HARMONIOUS CONSTRUCTION

Q.1 Explain Harmonious Construction as a principle of

Constitutional Interpretation. (March/April-09)

Q. 2 Illustrate with case laws the rule of Harmonious

Construction. (Nov/Dec.-08)

Q. 3 Write short note on Harmonious Construction.

(March/April-07)

Introduction : -
When two or more provisions of the same statute are
repugnant, the court will try to construe the provisions in such a
manner, if possible, as to give effect to both by harmonizing them
with each other. This is called as Rule of Harmonious Construction.
The court may do so by regarding two or more apparently conflicting
provisions as dealing with separate situations or by holding that
one provisions merely provides for an exception of the general rue
contained in the other. The basis of the principle of harmonious
construction is that the legislature must not have intended to
contradict itself. This principle has been applied in a every large
number of cases dealing with the interpretation of constitution. It
can be assumed that when the legislature given something by one
hand it does not take away the same by the other one provision of
the Act does not make another provision of the same Act useless.
The legislature can’t be presumed to contradict itself by enacting
apparently two conflicting provisions in the same Act.

Under rule known as harmonious construction the true

meaning of any part of a statute is that which best harmonious with
every other part of it and a construction which will leave without
effect any part of a statute must be rejected.

It is a well settled rule of construction that the provisions of a

statute should be read as to harmonise with another and the
provisions of one section can’t be used to defeat those of another
unless it is impossible to effect reconciliation between them.

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BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
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It is a recognized rule of interpretation of statutes that the

expressions used therein should ordinarily be understood in a sense
to which they best harmonise with the object of the statute and
which effectuate the object of the legislature.

CASE LAW–M.S.M. Sharma Vs. Krishna Sinha, AIR 1959 SC 395

In the above case the petitioner, and editor of newspaper was

asked to show cause as to why should he not be punished for a
breach of privilege of the House guaranteed by Article 194(3) of the
Constitution for publishing a speech made in the state legislative
Assembly without expunging certain remarks as directed by the
speaker. In a petition under Article 32 of the Constitution, he
argued that the proposed action against him would be contrary to
the freedom of speech and expression guaranteed by the Article
19(1)(a) of the Constitution. The Supreme Court held that suitability
demanded that Article 19(1)(d) and Article 194(3) had to be
harmoniously interpreted. To give effect to both these provisions, it
was necessary to hold the fundamental right of freedom of speech
and expression under Article 19(1)(d) was subject to the privileges of
House guaranteed by Article 194(3). The petition was, therefore
dismissed.

CASE LAW – Calcutta Gas Company Private Limited Vs. State of

West Bengal, AIR 1962

In the above case the respondent sought to take over the

management of the Oriental Gas Company under the Oriental Gas
Company Act, 1960 passed by the Legislature Assembly of the State
of West Bengal. Challenging the validity of the Act, the appellant
manager of the Oriental Gas Company argued that the state
legislative Assembly had no power to pass such an Act under
Entries 24 & 25 of the state list because the parliament had already
enacted the Industries (Development and Regulation) Act, 1951,
under Entry 52 of the Central List dealing with industries. The
Supreme Court observed that there are so many subjects in the
three lists in the Constitution that there is bound to be some
overlapping and the duty of court in such situations is to try to

Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
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harmonise them, if possible, so that effect can be given to each of

them. Entry 24 of the state list has a very large are & the entire
industry in the state is covered. Entry 25 o the state list is devoted
to gas and gas works and is, therefore, limited to a distinct
industry, the gas industry. Therefore, entry 24 covers all industries
except gas industry which is specifically covered by Entry 25. Entry
52 of the Central list means the same thing for the centre as entry
24 of the state list means for the state. Therefore, harmonious
construction suggests that gas industry is exclusively covered under
Entry 25 of the state list over which the state has full control. The
state is, therefore fully competent to make laws in this field.

CASE LAW – Jagdish Singh Vs. Lt. Governor, Delhi, AIR 1997

In the above case it was held by the Supreme Court that in

case of conflict between various provisions of the rule, harmonious
construction should be made and statute or rule made thereunder
should be read as a whole. On provision should be construed with
reference to another provisions so as to make the rule consistent.
One rule can’t be used to defeat another rule in the same rules.

CASE LAW - Raj Krishna Vs. Binod, AIR 1954 SC 202

In the above case the question before the Court was the
conflict between sections 33(2) & 123(8) of the representation of the
People Act, 1951. Section 33(2) empowers a Govt. servant to
nominate or second a candidate seeking election whereas section
123(8) says that a Govt. servant is not entitled to assist a candidate
in an election in any manner except casting his vote. Holding that a
Govt. servant was entitled to nominate or second a candidate
seeking election to the state Legislative Assembly, the Supreme
Court held that these provisions should be harmoniously
interpreted. Harmony was possible only if section 123(8) of the Act
is interpreted as conferring a power on a Govt. servant of voting as
well as of proposing and seconding a candidate & forbidding him
from assisting a candidate in any other manner.

Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
 19

CHAP. (4) – BENEFICIAL CONSTRUCTION

Q.1 Explain the scope of principle of beneficent construction

in the interpretation. (March-09)

Q. 2 Discuss the rule of Beneficent Construction. (Nov/Dec.-09)

Q. 3 Explain the rule of beneficial construction with relevant

case laws. (March/April.-08)

Q. 4 "Beneficent Construction is a tendency rather than a rule".

Comment with relevant case laws. (Nov/Oct-08)

Q. 5 Discuss beneficial construction of statute with leading

case laws. (March/April-07).

Q. 6 What is beneficial legislation? State the principles as

adopted in the interpretation of statute. (Oct/Nov.-07).

Q. 7 How the court applying its sense while interpreting the

welfare legislations. (April/May-05)

Introduction : -
If the natural meaning of the words used in a statute clearly
omit certain cases, the words should not be so strained as to
include these. But if the natural meaning of the words are not able
to achieve the object of the statute, extended meaning may be given
to them if they are capable of receiving that meaning. If in
legislation, the general object of which is to benefit a particular
class of persons any provisions is ambiguous so that it is capable of
two meanings, one of which would preserve the benefit and another
which would take it away, the meaning which preserves it should be
adopted.

The Indian Govt. has enacted several statutes for the benefit of
workers, such as –

1. The Indian Factories Act, 1948,

2. The Industrial Disputes Act, 1947,
3. The Payment of Bonus Act, 1972,
4. The Payment of Gratuity Act, 1972
Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
 20

5. The Employees State Insurance Act, 1948

All these statutes are know as beneficial because in all these

statutes the Indian Parliament enacted several provisions only for
he benefit of workers.

The legislatures intends to confer the benefit on the weaker sections

of the society. The provisions of bail in Cr.P.C. are also beneficial.
The Indian Contract Act, 1872 also makes some beneficial
provisions in respect of minor & lunatics as these persons are not
entitled to enter into contract.

The Indian Penal Code, 1860 deals with the general exceptions
from section 76 to 106 which exempts the criminal from criminal
liability. These exceptions are also beneficial. In this sense the
Indian Legislature provides number of beneficial provisions for the
benefit of certain people. On some occasions the beneficial statutes
are also knows as social welfare legislation and they should be
interpreted in such a way so as to achieve the beneficial object of
such legislation for which they have been enacted.

Ingredients of Beneficial Construction : -

1. A beneficial statute should not be interpreted restrictively.

2. If any statute intended to achieve the benefit of any class, such

statute should be interpreted in the light of the intention of such
statute.

3. To achieve the public good is an object of legislature behind a

beneficial enactment the court should possess the spirit of public
good while interpreting such statute.

4. When beneficial legislation is to be interpreted the first

preference should be given to the advantage of weaker section.

5. While interpreting the beneficial enactment the court should

adopt a construction which will achieve the object of legislation
rather than a construction which will defeat the object of it.

Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
 21

Where a court has to choose between a wide meaning which in

its opinion carries out the object of the legislation more fully, and a
narrow meaning carries it less fully or not at all, the curt will often
choose the former. Beneficial construction is a tendency, rather
than a rule. Where the language used by the legislature fails to
achieve the object of a statute, a more extended meaning could be
given to it to achieve that object. In England, even in respect of
certain criminal statutes extended interpretations have sometimes
been given to achieve the object of a statute. Beneficent statutes
have sometimes been called by the name of social welfare
legislations also & they have been interpreted in such a manner as
would achieve the beneficial object for which they have been
enacted.

CASE LAW – Manohar Lal Vs. State of Punjab, AIR 1961 SC 418

In the above case section 7 of the Punjab Trade Employees Act,

1949 directing that shops & establishments to which the Act
applied shall remain closed one day in a week was held not violative
of Article 19(1)(g) of the Constitution as it was a reasonable
restriction on the fundamental right because it insures health and
efficiency of the worker. The position would be same even if the
business is being conducted by the owner and his family members.
On similar grounds, hours of employment of employees and opening
& closing hours of shop can’t be held as violative of fundamental
right to trade & business under Article 19(1)(g).

CASE LAW – Alembic Chemical Works Vs. Workman, AIR 1961

SC 647

In the above case workmen of the appellants were awarded

more leave with wages by the Industrial Tribunal than allegedly
section 79(1) of the Factories Act, 1948 authorized. This was
challenged by the appellant on the ground that since the enactment
had standardized the amount of leave of the workman, sanctioning
more leave by the Tribunal was unlawful. Rejecting this contention
the Supreme Court held that the enactment being a welfare
legislation. It had to be beneficially construed in favor of the

Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
 22

respondents if the language was not capable of reaching one firm

meaning. Since in the present case the provision was capable of two
interpretations, on which was likely to defeat the policy of the Act
and the other likely to achieve it by giving benefit workmen, the
later construction had to be applied.

CASE LAW – Mohanlal Vs. Jai Bhagwan, AIR 1988 SC 1034

In the above case a tenant changed his business which could

not harm the building he was occupying in any way. Under a
provision the landlord was empowered to evict the tenant if he used
the building for a purpose other than that for which it was leased.
The court interpreted the provision narrowly and in favour of the
tenant and held that the tenant could not be evicted on this ground.

CASE LAW – U. Unichoyi Vs State of Kerala, AIR 1962 SC 12

In the above case the question was whether the Minimum

Wages Act, 1948 under which the state Govt. is empowered to fix
minimum wages in an industry is violtive of Article 19(1)(g) of the
Constitution in as much as the Act did not define what is minimum
wage and made no provision for taking into consideration the
capacity of the employer to pay. Holding the Act valid, the Supreme
Court observed that the Act is a beneficial legislation & must be
construed in favour of the worker.

CASE LAW – Indian Medical Association Vs. V.P. Santha, AIR

1995 SC 550

In the above case the Supreme Court held that service

rendered by a medical doctor is a service within the meaning of
section 2(o) of the Consumer Protection Act, 1986.

Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
 23

CHAP. (5) – AIDS TO INTERPRETATION

INTERNAL AIDS TO CONSTRUCTION

Q.1 Intrinsic or internal aids in the construction of statutes.

Q. 2 Extrinsic or external aids in the construction.

Introduction : -
Besides its various sections, a statute has many other parts,
such as the short title, long title, preamble marginal notes,
headings, definition or interpretation clauses, provisos,
illustrations, exceptions and saving clauses, explanations,
schedules and punctuation. It is important to know as to whether
these parts can be of any help to the courts in the interpretation of
a section. In other words, the question is whether they can act as
internal aids to interpretation.

Intrinsic or Internal aids in the construction of

statutes: -
1. Title
2. Preamble
3. Marginal notes,
4. Headings,
5. Definition or interpretation clauses,
6. Provisos,
7. Illustrations,
8. Exceptions and saving clauses,
9. Explanations,
10. Schedules
11. Punctuation.

1. Title : -

The title is an important part of statute. Title is of two types

a. Short title : -

The short title of the Act is only its nick name and is given
solely for the purpose of facility of reference. It is merely a name

Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
 24

given for identification of the Act and generally ends with the year of
passing of the Act, such as the Indian Contract Act, 1872, the
Indian Penal Code, 1860, the Indian Evidence Act, 1872 etc. Even
though it is a part of a statute, it has no role to play while
interpreting a provision of the Act. Neither can it extend nor it can
delimit the clear meaning of a particular provision.

b. Long title : -

A statute is headed by a long title whose purpose is to give

general description about the object of the Act. Normally, it beings
with the words an Act to for instance, the long title of the Prevention
of Corruption Act, 1988 says : 'An Act to consolidate and amend the
law relating to the Prevention of Corruption and for matter
connected therewith.'

In the olden days the long title was not consider a part of the
statute and was, therefore, not considered an aid while interpreting
it. There has been a change in the thinking of the courts in recent
times

2. Preamble

3. Marginal notes,

4. Headings,

5. Definition or interpretation clauses,

6. Provisos,

7. Illustrations,

8. Exceptions and saving clauses,

9. Explanations,

10. Schedules

11. Punctuation.

Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
 25

CHAP. (4) - PREAMBLE

Introduction : -

Preamble means introduction of a statute it stated briefly the

purposes intended to be served by the statute.

The preamble of an Act of statute provides the main objective

which the legislation is intended to achieve. It is a kind of
introduction to the statue and many times very helpful to
understand the legislative intention. It expresses that "what we had
though or dream for so long? The constitution makers gave the
place of pride.

The Indian Constitution starts with the preamble and explains

the main objects intended to achieve.

The Supreme Court has held that the preamble of the

constitution is a key to open the mind of the makers and shows the
general purpose for which they made several provisions in the
constitution.

The Preamble Declares : -

We the people of India having solemnly resolved to constitute

India into a sovereign socialist, secular democratic, republic and to
secure the all its citizens,

1. Justice -- Social, economic and political.

2. Liberty -- of thought, expression, belief, faith and worship.
3. Equality -- of status and opportunity.
4. Fraternity/brotherhood assuring the dignity of the individual and
the unity and integrity of the nation.

The preamble of the constitution states the objectives of the

constitution. India is a sovereign, democratic country. The word
sovereign denotes the freedom from foreign control, and democratic
signifies that power flows from the people. In 1976 the 42 nd
amendment of the constitution added the words 'socialist' and

Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
 26

'secular' to the preamble. 'Socialist' means the freedom from

exploitation of all the forms and 'secular' means equal respect for all
the religions.

The preamble declares certain important things which are

helpful to understand the high purpose and spirit of the
constitution, the position of preamble is very particular in any
constitution or any other statute. The preamble also declares India
as a democratic country; democracy is a form of government in
which the adult citizens of the nation has to take part to form or to
create a government. The democracy is a government by the people,
of the people, for the people. In democracy the people elects the
representatives and these representatives enjoy the powers of laws
making and to run the government.

Objectives provided in the Preamble : -

Following are the objectives which the preamble provides to

the every citizen of India.

1. Justice [social, economic and political] : -

The first object of the preamble is to secure the justice to all its
citizen. Justice is for the general welfare of the society to achieve the
common good is the essence of the justice. The constitution
declares to secure to all its citizens the justice in all the walks of life
e.g. social justice, political justice and economical justice.

2. Liberty of thought, expression, belief, faith and worship : -

The second object is to provide the liberty to all the citizen of

India. The liberty is necessary for the development of an individual.
The preamble aimed to provide the liberty of thought, liberty of
expression, belief, faith and worship.

3. Equality of status and of opportunity : -

The third object is equality. Equality of status and equality of

opportunity. All the citizens of India are equal before the law and
also they have the equal protection of law. Law is the same for all,

Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
 27

all the citizens of India have equal opportunity in the public

employment without any kind of discrimination. The preamble says
that equality is necessary for the better development of individual
life. The preamble declares equality is an important object of
constitution.

4. Fraternity : -

The last object of the preamble is fraternity. All the citizens are
brothers. They are belonging to one country. They all are one. The
feelings of fraternity among them should be promoted by the state.
The fraternity is not only good for the nation. But it also maintain
the dignity of the individuals due to the fraternity the integrity
between all sections of the society becomes practicable. The
fraternity maintains the unity and integrity of the nation.

Can Preamble be Amended U/Art. 368 of the Constitution : -

The question that can preamble be amended under Art. 368 of

the Constitution was raised for the first time before the Supreme
Court in the case of Keshavand Bharati V/s. State of Kerala AIR
1973 SC 1461 also knows as fundamental rights case. In that case
non petitioner argued that by the amending power in Art. 368 even
the preamble can be amended. It was said that the preamble was a
part of constitution and it could be amended like any other
provisions of the constitution. However the petitioner contended
that the amending power in Art. 368 even the preamble can be
amended, it was said that the preamble was a part of constitution
and it could be amended like any other provisions of the
constitution. However the petitioner contended that the amending
power in Art. 368 is limited. The preamble contains basis features of
the constitution, and amending power can not be used so as to
destroy or damage the basic features of the constitution.

[Democratic form of Government, unity and integrity of the nation,

secularism, socialism and judicial review are the basic features of
the constitution]

Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
 28

The Supreme Court held that, preamble is the part of the

constitution, it can be amended but subject to this condition that
the basic features of the/in the preamble can not be amended

42nd Amendment and the Preamble : -

The 42nd amendment has inserted three new words in the

preamble i.e. secularism, socialism and integrity. These concepts
were already inserted in the constitution. This 42 nd amendment
merely made clear these concepts of the preamble 'socialism' is
inserted in the preamble. The expression 'economic' justice in the
preamble indicates the India's efforts to bring 'socio-economic'
revolution as per the word 'socialism' the social justice is very
essential for the growth and development of personality of every
citizen. 'Social justice' is an integral part of justice, it is an dynamic
concept to mitigate the suffering of the poor, weak, deprived
sections of the society and to able them to live a life with dignity. To
secure the economic justice, equality of opportunity to the citizen is
the essence of 'socialism'.

The word 'integrity' is intended to create the feelings among

the people that every part of India is their home. This concept was
already inserted in the Indian Constitution. The framers have used
the words "India shall be a union of states Article 1 of the
constitution makes it clear that the states have no right to divide
from the federation. Article 19 empowers to the sate to impose
restrictions on the citizens to protect the integrity and sovereignty of
India.

'Secularism' means a state which does not have any particular

religion it treats all religion equally. Article 25 to 28 of the
constitution guarantees a right to freedom of religion to every citizen
of India.

CASE LAW – St. Xavier College V/s. State of Gujarat

The Supreme Court held that although the words secular state
are not expressly mentioned in the constitution but there can be no
doubt that the constitution makers wanted to establish such a

Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.
 29

secular state and accordingly the Article 25 to 28 have been

included in the constitution.

Democracy : -

The term democracy is derived from the Greek word 'demos'

meant the people and 'kratos' means Government of rule, so
democracy means rule of the people. In democracy all the people are
equal in the law irrespective of religion, caste, colour or sex. In
democracy the people are their own master, they enjoy all the rights
as a human being and participate in the affairs of Government.

Adv. U. M. Patil
BSL.LL.B.
Dist. & Session Court, Latur
Mob. No. 7588114434.