MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

Course Outline

BLJ 3.2 INTERPRETATION OF STATUTES

B.A.LL.B.(Hons.) Five-Year Integrated Degree Course

ACADEMIC YEAR: 2023-2024
2nd YEAR, SEMESTER-III

Designed and Developed By:

Prof. (Dr.) Vijay Pratap Tiwari
Professor of Law
Dr. Manoj Kumar Sharma
Associate Professor of Law
Dr. Debasree Debnath
Research Associate

Course Instructors:
Mr. Kailash Pratapsing Vasave
Assistant Professor of Law
Dr. Debasree Debnath
Research Associate

July 2023
(Strictly for private circulation)
 INTERPRETATION OF STATUTES
Semester–III July–December 2023
Course Code BLJ 3.2
Course Credit 4
Maximum Marks 100
Teaching Hours 64
Presentation Hours 12-15
Medium of Instruction English
Course Compulsory
Introduction
Interpretation is a dynamic and ongoing process in the sense of Dworkinian chain of
novel that needs to keep the story going. It is a very fascinating subject. Once Alexander
Hamilton lamented that “Laws are a dead letter without courts to expound and define their
true meaning and operation.” In fact, the superior courts in almost all the jurisdictions are
busy in interpreting the Constitutions and Statutes. Through the craft ship of interpretation,
the courts try to find out most intended and suitable meaning of the provisions under review.
Interpretation of statute is a skilful technique engaged by judges, jurist, lawyers, law teachers
and students to deduce the intention of the legislatures by scrutinising the language of the
statutes. With development of the judicial process of law interpretation of statute had evolved
as a method to explore the intent, the purpose and the objective to be reckoned by the
legislature while enacting the law. The purpose of law can be advanced through interpretation
of statutes by construction of words, phrases and expressions to assign meaning, and the
language is construed in the true spirit mostly in tune with the legislative intent. Though a
considerable research work has been carried out on the subject of interpretation of statutes yet
it remains an important area of writing and research for legal philosophers, law teachers and
students. The subject carries practical application of a magnitude which is not usually
associated with theory oriented subjects.
The Course is divided into five modules. Module – I ‘Introduction to Legislation and
Interpretation of Statutes’ introduces the subject and deals with principles of legislation and
philosophy of interpretation. Purpose of interpretation and commencement, repeal etc. of a
statute are discussed in the first module. Module – II is designed to impart knowledge to
students regarding interpretation of the Constitution. The module deals with various
principles for interpretation of the Constitution. Module – III contains rules of interpretation
and deals with primary and secondary rules of interpretation. Module – IV is designed to
teach students the use of internal and external aids in interpretation of a statute. Module – V
contains the presumptions regarding statutes and deals with interpretation of various kinds of
statutes viz., penal statues, taxation statutes, enabling statutes, codifying and consolidating
statues, welfare statutes etc.
Course Objectives
The aim of this course is to equip the students with various methods used to interpret the
Constitution and other enactments. Students shall be exposed to various aids in interpretation
of statutes and their usage in interpretation. The course has been designed to:
 develop understanding of the rules for interpretation of statutes, aids to interpretation and
the underlying principles governing the interpretation of various types of statutes;
 familiarize the students with principles of legislation, philosophy of interpretation and
the purpose of interpretation;
 impart knowledge of the rules and principles governing the interpretation of the
Constitutional law;
 analyse primary and secondary rules and their usage in interpretation of statues;
  acquaint learners with the internal and external aids to interpretation of statutes; and
 describe rules for interpretation of various kinds of statutes viz., taxing, penal, enabling,
consolidating and codifying, welfare etc.
Teaching Methodology
The aim of the course is to apprise the students regarding the nuances of interpretation of
statutes. Traditional lecture method simpliciter is not suitable since participation and
indulgence of the students with problem solving attitude and orientation is required for
dealing with various aspects of interpretation. Keeping in view the requirements of the
subject, it is proposed to use a combination of various teaching methods. Accordingly, a
combination of Socratic Method, discussion method and Simulation by Case Exercises
methods shall be used. Preparatory reading material shall be provided in advance to the
students in order to enable them to participate in the forthcoming lectures and clinical
exercises. ICT-based smart learning aids such as usage of power-point presentations, white
board, etc. shall be made use of.
Course Evaluation Method
The Course is assessed for 100 Marks in total by a close book application-based
examination system. There shall be a Mid-Semester Exam for 20 marks and End Semester
Exam for 50 Marks. 25 Marks are allotted for the Project Work which includes 20 Marks for
written research work and 5 Marks for presentation of the Project. The question papers shall
be designed on a decided or under-trial case based; therefore, students are advised to take
classroom exercise seriously and to develop their own application base skills.
Case Law Reporter/Journals
Case law reporters include AIR (All India Reporter), SCC (Supreme Court Cases).
Specialist journals in this area include SCC, JILI. For comparative study and research
students can also use New York University Review, Harvard Law Review, Law Quarterly
Review, Yale Law Journal. The reading can be accessible on online data base that include
Lexis Nexis, West Law, Manupatra etc.
Course Outcomes
The course has been designed to enable students to learn the nuances of interpretation of
statutes and the principles of legislation. Learners shall be able to understand the principles
and rules governing interpretation of taxing, penal and welfare legislations and the role of
internal and external aids in interpretation of statutes. After the completion of the course, the
students shall be able to:
 understand and apply rules of interpretation of statutes to interpretation of the
Constitution and various kinds of statutes;
 analyse and understand principles of legislation, philosophy of interpretation and the
purpose of interpretation;
 develop knowledge regarding principles for interpretation of the Constitution;
 acquire practical knowledge and application of primary and secondary rules of
interpretation;
 learn the role of internal and external aids in interpretation of statutes; and
 exhibit knowledge of the interpretation of taxing, welfare, penal, procedural, codifying
and consolidating statutes.

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 COURSE CONTENTS

Module- I: Introduction to Interpretation of Statutes [Teaching Hours 14]

1.1 Introduction to Interpretation: The legislature, executive and the judiciary, Meaning,
Objects and Scope of ‘interpretation’ and ‘construction.’
1.2 Principles of Legislation: Principle of Utility; The Ascetic Principle.
1.3 Philosophy of Statutory Interpretation: Mīmāmsā school of philosophy; Samanjasya
principle; Vikalpa principle; Badha principle.
1.4 Purpose of Interpretation of Statutes: Object of interpretation; Classification of
statutes.
1.5 Basic Principles of Interpretation and Guiding Rules: (i) Intention of the Legislature;
(ii) Statute Must be read as a whole in its context; (iii) Statute to be construed to make it
effective and workable; (iv) If the meaning is plain, effect must be given to it irrespective
of consequences; (v) Appraisal of the principles of plain meaning; (vi) Language of the
statute should be read as it is.
Statutory References
The General Clauses Act 1897 (Act No. 10 of 1897)
Judicial References
Grey v. Pearson (1857) 6H.L.C, at 106
Vishnu Pratap Sugar Works (Pvt) Ltd v. Chief Inspector of Stamps UP AIR 1968 SC 102
Maharao Sahib Shri Bhim Singhji v. Union of India AIR 1981 SC 234
R. S. Raghunath v. State of Karnataka AIR 1992 SC 81
District Mining Officer v. Tata Iron and Steel Co. AIR 2001 SC 3134
P. Ramachandra Rao v. State of Karnataka (2002) 4 SCC 578
Padma Sundara Rao v. State of Tamil Nadu (2002) 3 SCC 533
D.M. Bhatia International v. Bulk Trading S.A. (2002) 4 SCC 105
Aravali Golf Club v. Chander Hass 2007 (14) SCALE 1
I.R. Coelho (Dead) By LRS v. St. of Tamil Nadu AIR 2007 SC 861
Satbir Singh v. State of Haryana 2021 SCC OnLine SC 404
Compulsory Readings
 G.P. Singh, PRINCIPLES OF STATUTORY INTERPRETATION, 14th ed. 2016, Ch.
1 (Basic Principles), pp.1 – 66.
 N.S. Bindra, revised by Amita Dhanda, INTERPRETATION OF STATUTES, 12th ed. 2017,
Ch. 4 (Techniques, Tools and Rules of Interpretation), pp. 182-241, Ch. 6 (Rules of
Interpretation), pp. 315-351.
 P. St. J. Langan, MAXWELL ON THE INTERPRETATION OF STATUTES, 12th ed. 1969,
Ch. 2 (General Principles of Interpretation), pp.28-75.
Suggested Readings
 Frederick Schauer, THINKING LIKE A LAWYER: A NEW INTRODUCTION TO
LEGAL REASONING, 1st ed. 2009, Ch. 1 (Introduction: Is There Legal Reasoning?),
pp. 1-12, Ch. 2 (Rules- in law and Elsewhere), pp. 13-35.
 Roscoe Pound, “Philosophy of Law,” FRANZ STEINER VERLAG, Vol. 51, 1965, pp.
37-55.
 Roscoe Pound, “Common Law and Legislation,” HARVARD LAW REVIEW, Vol. 21
No. 6, 1908, pp. 383-407.
 Justice Markandey Katju, “The Mimansa Principles of Interpretation,” ALL INDIA
REPORTER (1993) 1 SCC (Jour) 16.
  Justice Markandey Katju, “The Mimansa Principles of Interpretation – II,” ALL INDIA
REPORTER (1994) 2 SCC (Jour) 1.
 Justice B.N. Srikrishna, “Maxwell v. Mimansa,” ALL INDIA REPORTER (2004) 6
SCC (Jour) 49.

Module- II: Rules of Interpretation [16 Teaching Hours]

Primary Rules
2.1 Literal or Grammatical Rule and Golden Rule: Natural and grammatical meaning;
Exact meaning preferred to loose meaning.
2.2 Rule of Purposive Construction: Object of Purposive interpretation; Application of
Purposive interpretation.
2.3 Mischief Rule of Construction: Heydon’s Case and Beyond; Application of Mischief
Rule.
Secondary Rules
2.4 Nocsitur a sosiis; Ejusdem Generis. Reddendo singula singulis.
2.5 Ut res magis valeat quam pereat; Contemporanea expositio est optima et fortissinia in
lege.

Judicial References
Heydon’s case (1584) 3 Co Rep 7a
The Queen v. Charles Arthur Hill Heaten Ellis (1844) 6 Q.B. 499
Ashbury Railway Carriage & Iron Co. v. Riche (1875) LR 7 HL 653
Nokes v. Doncaster Amalgamated Collieries (1940) AC 1014
Jugalkishore v. Raw Cotton Co. AIR 1955 SC 376
Avtar Singh v. State of Punjab AIR 1955 SC 1107
Bengal Immunity Co. v. State of Bihar AIR 1955 SC 661
R.M.D.C. v. Union of India AIR 1957 SC 628
Commissioner of Income-tax. v. Smt. Sodra Devi AIR 1957 SC 832
Brownsea Havens Properties v. Poole Corpn. (1958) 1 All ER 205
Smith v. Hughes (1960) 1 W.L.R.830
Ramavtar Budhaiprasad v. Assistant Sales Tax Officer AIR 1961 SC 1325
M.V. Joshi v. M.U. Shimpi AIR 1961 SC 1494
M. Pentiah v. Muddala Veeramallapa AIR 1961 SC 1107
M/s. Motipur Zamindary Co. (Private) Ltd. v. State of Bihar AIR 1962 SC 660
Matthews v. Dobbins [1963] 1 ALL ER 417
Corporation of Calcutta v. Liberty Cinema AIR 1965 SC 661
Tej Kiran Jain v. N. Sanjiva Reddy (1970) 2 SCC 272
G. Narayanaswami v. Pannersevan (1972) 3 SCC 717
State of West Bengal v. Wasi Ahmed (1977) 2 SCC 246
B.N. Mutto v. T.K. Nandi (1979) 1 SCC 361
Union of India v. Filip Tiago De Gama of Vedem Vasco De Gama AIR 1980 SC 981
Shreya Singhal v. Union of India AIR 2015 SC 1523
SG Vombatkere v. Union of India 2022 SCC OnLine SC 609

Compulsory Readings
 G.P. Singh, PRINCIPLES OF STATUTORY INTERPRETATION, 14th ed. 2016, Ch. 2
(Guiding Rules), pp. 67-170, Ch. 5 (Subsidiary Rules), pp. 392-575.
 N.S. Bindra revised by Amita Dhanda, INTERPRETATION OF STATUTES, 12th ed.
2017, Ch. 6 (Rules of Interpretation) pp. 315-351, Ch. 10 (Maxims used to Aid
Interpretation), pp. 534-558.
Suggested Readings
 P. St. J. Langan, MAXWELL ON THE INTERPRETATION OF STATUTES, 12th ed.
1969, Ch. 2 (General Principles of Interpretation), pp. 28-58, Ch. 9 (Construction to
Avoid Collision with Other provisions), pp. 187-198.
 Aharon Barak, PURPOSIVE INTERPRETATION IN LAW, 1st ed. 2005, Ch. 3 (The
Essence of Purposive Interpretation), pp. 85-96, Ch. 4 (The Semantic Component of
Purposive Interpretation), pp. 97-109, Ch. 5 (The Purposive Component of Purposive
Interpretation), pp. 110-119.

Module- III: Constitutional Interpretation [10 Teaching Hours]

3.1 Principles of interpretation: Doctrine of Eclipse; Doctrine of Severability; Doctrine of
Waiver.
3.2 Theories of Constitutional Interpretation: Textualism; Originalism.
3.3 Constitutional Interpretation: Rules of Constitutional Interpretation; Difference
between Statutory Interpretation and Constitutional Interpretation.
3.4 Interpretation of the Seventh Schedule: Doctrine of Harmonious construction;
Doctrine of Pith and Substance; Doctrine of Colourable Legislation.
3.5 Other Principles for Interpretation of the Seventh Schedule: Doctrine of Repugnancy;
Doctrine of Residuary Powers.

Judicial References
State of Bombay v. F.N. Balsara AIR 1951 SC 318
Zaver Bhai Amaidas v. State of Bombay (1955) 1 SCR 799
Deep Chand v. State of Uttar Pradesh 1956 SCR 393
Calcutta Gas Company v. State Of West Bengal AIR 1961 Cal. 267
K.M. Nanavati v. State of Bombay AIR 1961 SC 112
Sirsilk Ltd. v. Govt. of Andhra Pradesh AIR 1964 SC 160
The Remington Rand of India Ltd. v. The Workmen AIR 1968 SC 224
M. Karunanidhi v. Union of India AIR 1979 SC 898
Renaissance Hotel Holdings Inc. v. B. Vijaya Sai 2022 SCC OnLine SC 61

Compulsory Readings
 M.P. Jain, INDIAN CONSTITUTIONAL LAW, 7th ed. 2018, Vol. 1, Part V, Ch. XX
(Fundamental Rights), pp. 1215-1257, Vol. 2, Part VII, Ch. XL (Constitutional
Interpretation), pp. 2311-2392.
 V.N. Shukla, CONSTITUTION OF INDIA, 12th ed. 2013, Part XI (Relations Between
the Union and the States), pp. 767-801, Schedules (Seventh Schedule), pp. 1161-1170.

Suggested Readings
 N.S. Bindra, revised by Amita Dhanda, INTERPRETATION OF STATUTES, 12th ed.
2017, Ch. 13 (Interpretation of the Constitution), pp. 652-702.
 V.P. Sarathi, INTERPRETATION OF STATUTES, 5th ed. 2010, Ch. 12 (Interpretation
of the Constitution), pp. 445-488.

Module- IV: Aids to Interpretation [14 Teaching Hours]

Internal Aids
4.1 Title; Short and Long Title; Preamble; Headings and Marginal Notes; Sections and Sub-
sections; Language; Clauses and Punctuation Marks; Illustrations; Saving Clauses;
Schedules; Parts and their Captions; Chapters and their Captions.
4.2 Explanations; Exceptions; Examples; Provisos; Schedules; Non Obstante Clause.
4.3 Legal expressions like ‘means’, ‘includes’, ‘that is to say’, etc.; Phrases like ‘grammatical
variations and cognate expressions’; ‘without prejudice to the generality of provisions’;
‘Unless the context otherwise requires’.
External Aids
4.4 Dictionaries; Translation; Commission Reports.
4.5 Legislative History- Legislative intention; Statement of Objects and Reasons; Legislative
Debates; Committee Reports.

Judicial References
Biswambhar Singh v. State of Orissa AIR 1954 SC 139
Express Newspapers (Pvt.) Ltd. V. Union of India AIR 1958 SC 578
Manoharlal v. State of Punjab AIR 1961 SC 418
M/s. Hiralal Rattanlal v. State of U.P. (1973) 1 SCC 216
State of Mysore v. R.V. Bidap AIR 1973 SC 255
ShashiKant Laxman Kale v. Union of India AIR 1990 SC 2114
S.R. Chaudhary v. State of Punjab (2001) 7 SCC 126
Gullipilli Sowria Raj v. Bandaru Pavani (2009) 1 SCC 714
Ritu Devi v. Securities and Exchange Board of India (2012) 6 CTC 166 (Mad)
S. Iyyapan v. United India Insurance Co. Ltd. (2013) 7 SCC 62
Union of India v. National Federation of the Blind (2013) 10 SCC 772
Union of India v. ABN Amro Bank (2013) 16 SCC 490

Compulsory Readings
 G.P. Singh, PRINCIPLES OF STATUTORY INTERPRETATION, 14th ed. 2016, Ch. 3
(Internal Aids to Construction), pp. 171-241, Ch. 4 (External Aids to Construction), pp.
242-391.
 N.S. Bindra revised by Amita Dhanda, INTERPRETATION OF STATUTES, 12th ed.
2017, Ch. 7 (Internal Aids), pp. 353-401, Ch. 11 (External Aids to Interpretation), pp.
588-615.

Suggested Readings
 V.P. Sarathi, INTERPRETATION OF STATUTES, 5th ed. 2010, Ch. 13 (Legislative
Drafting), pp. 493-499.
 V.S. Deshpande, “Extrinsic Aid in the Construction of Statutes,” INDIAN LAW
INSTITUTE, Vol. 11 No. 2, 1969, pp. 123-158.
 Frederick J. de Sloovere, “Extrinsic Aids in the Interpretation of Statutes,” THE
UNIVERSITY OF PENNSYLVANIA LAW REVIEW, Vol. 88 No. 5, 1940, pp. 527-
555.

Module-V: Interpretation with regard to Subject Matter of Statutes [Teaching Hours 10]
5.1 Presumptions in Statutory Interpretation: Presumption as to Validity;
Constitutionality; Presumption of fact and Presumption of law.
5.2 Interpretation of Taxing and Penal Statutes: The Rule of Strict Construction today;
Law as it Exists on the Date of Judgement.
5.3 Interpretation of Welfare Statutes and Enabling Statutes: Liberal Construction of
Remedial Statutes; General Principle; Illustrative cases.
5.4 Interpretation of Procedural Statutes: General Principle; Illustrative cases.
5.5 Interpretation of Consolidating and Codifying Statutes: Meaning of Consolidating and
Codifying Statutes; Illustrations of Consolidating and Codifying Statutes; Difference
between Consolidating and Codifying Statutes.
Judicial References
Ashbury Railway Carriage & Iron Co. v. Riche (1875) LR 7 HL 653
Brownsea Havens Properties v. Poole Corpn. (1958) 1 All ER 205
Commrs. v. Savoy Hotel (1966) 2 All ER 299
Uttar Pradesh S.E. Board v. Harishanker AIR 1979 SC 65
Siddeshwari Cotton Mills (P) Ltd. V. Union of India AIR 1989 SC 1019
Oswal Agro Mills Ltd. v. CCE 1993 Supp (3) SCC 716
Calcutta Municipal Corporation v. East India Hotels Ltd. AIR 1996 SC 419
Leelabai Gajanan Pansare v. Oriental Insurance Compant Ltd. AIR 2009 SC 523

Compulsory Readings
 P. St. J. Langan, MAXWELL ON THE INTERPRETATION OF STATUTES, 12th ed.
1969, Ch. 11 (Exceptional Construction), pp. 228-251.
 N.S. Bindra revised by Amita Dhanda, INTERPRETATION OF STATUTES, 12th ed.
2017, Ch. 17 (Interpretation of Expropriating, Emergency, and Penal Statutes), pp.
817-846, Ch. 18 (Interpretation of Fiscal Statutes), pp. 859-888.
 G.P. Singh, PRINCIPLES OF STATUTORY INTERPRETATION, 14th ed. 2016, Ch. 6
(Operation of Statutes), pp. 576-713, Ch. 11 (Remedial and Penal Statutes), pp. 931-
1038.

Suggested Readings
 V.P. Sarathi, INTERPRETATION OF STATUTES, 5th ed. 2010, Ch. 8 (Taxing
Statutes), pp. 375-382, Ch. 9 (Penal and Remedial Statutes), pp. 383-390.
 R. deJ. R., “Statutory Construction, Doctrine of Ejusdem Generis,” VIRGINIA LAW
REVIEW, Vol. 17 No. 5, 1931, pp. 511-516.

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