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LLB 210

The document outlines the objectives and syllabus for a course on interpretation of statutes and principles of legislation. It discusses key concepts like rules of statutory interpretation, aids to interpretation, and presumptions in statutory interpretation.

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15 views

LLB 210

The document outlines the objectives and syllabus for a course on interpretation of statutes and principles of legislation. It discusses key concepts like rules of statutory interpretation, aids to interpretation, and presumptions in statutory interpretation.

Uploaded by

singhprabhatkumar525
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CORE COURSE 210 INTERPRETATION OF STATUTES & PRINCIPLES OF

LEGISLATION
OBJECTIVES OF THE COURSE:

Legislation is the major source of law of the modem era Legislatures enact laws after
much deliberation, No doubt in this process they have to take into account the present and
future needs of the people. What. are the matters to be reckoned with by legislature while
enacting laws? With the emergence of legislation, interpretation of statutes became a method
by which judiciary explores the intention behind the statues. Judicial interpretation involves
construction of words, phrases and expressions. In their attempt to make the old and existing
statutes contextually relevant, courts used to develop certain rules, doctrines and principles
of interpretation. Judiciary plays a highly creative role in this respect. What are the
techniques adopted by courts in construing statutes? How for are they successful in their
strategy?

SYLLABUS
1. GENERAL AND RULES OF STATUTORY INTERPRETATION:
1.1 Meaning of the term “Statute”.
1.2 Commencement, operation and repeal of statutes
1.3 Purpose and importance of Interpretation of Statutes
1.4 Meaning: ‘Interpretation’ and ‘construction’
1.5 Rules of Statutory Interpretation
1.5.1 Primary Rules
1.5.2 Literal Rule
1.5.3 Golden Rule
1.5.4 Mischief Rule (Rule in Heydon’s Case)
1.5.5 Rule of Harmonious Construction
1.5.6 Secondary Rules:
Noscitur a sociis
Ejusdem generis
Reddendo singula singulis

2. AIDS TO INTERPRETATION:
2.1 Internal aids
2.1.1 Title, Preamble, Headings and marginal notes
2.1.2 Sections and sub-sections, Punctuation marks
2.1.3 Illustrations, exceptions, provisos and saving clauses
2.1.4 Schedules, Non-obstante clause
2.2 External aids
2.2.1 .Dictionaries
2.2.2 Translations
2.2.3 Travaux Preparatiores
2.2.4 Statutes in pari material
2.2.5 Contemporanea Exposito
2.2.6 Debates, inquiry commission report and Law Commission reports
3. PRESUMPTIONS IN STATUTORY INTERPRETATION:
3.1 Statutes are valid
3.2 Statutes are territorial in operation
3.3 Presumption as to jurisdiction 3.4 Presumption against what is inconvenient or
absurd 3.5 Presumption against intending injustice
3.6 Presumption against impairing obligations or permitting advantage from one’s
own wrong
3.7 Prospective operation of statutes

4. INTERPRETATION WITH REFERENCE TO THE SUBJECT MATTER &


PURPOSE AND PRINCIPLES OF CONSTITUTIONAL INTERPRETATION
4.1 Interpretation with reference to the subject matter & Purpose
4.1.1 Restrictive and beneficial construction
4.1.2 Taxing statutes
4.1.3 Penal states
4.1.4 Welfare legislation
4.2 Principles of Constitutional Interpretation :
4.2.1 Harmonious construction
4.2.2 Doctrine of pith and substance
4.2.3 Colorable legislation
4.2.4 Doctrine of repugnancy
4.2.5 Prospective Overruling
4.2.6 Doctrine of Eclips

Suggested Reading :

1. G.P. Singh, Principles of Statutory Interpretation, Wadhwa, Nagpur.


2. P. St. Langan (Ed), Maxwell on The Interpretation of Statutes, N.M. Tripathi,
Bombay.
3. K. Shanmukham, N.S. Binclras’ Interpretation of Statutes, The Law Book Co.
Allahabad. V. Sarathi, Interpretation of Statutes, Eastern, Lucknow. M.P. Jam,
Constitutional Law of India, Wadhawa & Co M.P. Singh (Ed), V.N. Shukla’s
Constitution of India, Eastern, Lucknow. U. Baxi, Introduction to Justice K.K.
Mathew’s Democracy Equality and Freedom Eastern, Lucknow.

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