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Interpretation of Statutes

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Ishita Gupta
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2 views

Interpretation of Statutes

Uploaded by

Ishita Gupta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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School of Law

Course LLB
Semester IV
Subject Code 09990406
Subject Name Interpretation of Statutes

Teaching and Evaluation Scheme:


Teaching Scheme (Hrs.) Examination Scheme
Theory
Credit End Total Marks
Lecture Tutorial Practical Internal Practical
Semester
Assessment
Exam
4 1 0 5 30 70 0 100

1. To make students aware about nature, evolution and role of the judges in the Interpretation.
2. To familiarize students about purpose and rules of interpretation.
3. To make students aware that the power to enact law is with the legislature but the power to
Course declare ‘What the Law is,’ lies with Judiciary.
Objective: 4. To impart knowledge about the principles evolved by the Judiciary while interpreting various
laws.
5. To inculcate knowledge about the institutional structure and the role of Indian courts at the
lower level by setting the facts and applying the law to the facts.
At the end of this Course, Student will be able to:
1. Know the need of the Interpretation of Statutes.
Course 2. Explain the rules of Interpretation of Statutes.
Outcome: 3. Understand the principles of Interpretation of Statutes.
4. Identify admissible internal and external aids to interpretation.
5. Interpret the legislative texts.

Unit Teaching %
Content
No. Hours Weightage
Introduction
 Meaning of “Interpretation”
 Meaning of the term “Statute”
1  Commencement, operation and repeal of statutes 18 25%
 Purpose and importance of Interpretation of Statutes
 Meaning : ‘Interpretation’ and ‘construction’
 Act, Enactment, Statutes, Ordinances, Rules, etc.
Aids to Interpretation
 Internal aids
o Title, Preamble, Headings and marginal notes
o Sections and sub-sections, Punctuation marks
o Illustrations, exceptions, provisos, explanations and
saving clauses
o Schedules, Non-obstante clause
2  External aids 15 20%
o Dictionaries
o Translations
o Travaux Preparatoires
o Statutes in pari materia
o Contemporanea Expositio
o Debates, Inquiry commission report and Law
Commission reports
Rules of Interpretation
 Primary Rules
o Literal Rule
o Golden Rule
o Mischief Rule (Rule in Heydon’s Case)
o Rule of Harmonious Construction
3 18 25%
 Secondary Rules
o Noscitur a sociis
o Ejusdem generis
o Reddendo singula singulis
o Generalia specialibus non derogant
o Expressio unius est exclusion alterius
Interpretation with reference to the subject matter and purpose
 Restrictive and beneficial construction
 Taxing statutes
 Penal statutes
 Welfare legislation and principles of legislation
 Presumption
o Statutes are valid
4 15 20%
o Statutes are territorial in operation
o Presumption as to jurisdiction
o Presumption against what is inconvenient or absurd
o Presumption against intending injustice
o Presumption against impairing obligations or permitting
advantage from one’s own wrong
o Prospective operation of statutes
Principle of Constitutional Interpretation
 Harmonious constructions
 Doctrine of pith and substance
 Colorable legislation
 Ancillary powers
5 09 10%
 "Occupied field
 Residuary power
 Doctrine of repugnancy
 Doctrine of Prospective Overruling
 Doctrine of Eclipse
Books Recommended
Title of the Book Author Publication
Interpretation of Statutes V. P. Sarthi Eastern Book Co
Maxwell's on the Interpretation of statutes P. St. J. Langan Lexis Nexis
Principles of Statutory Interpretation G. P. Singh Wadhwa, Nagpur
N.S. Bindras’ Interpretation of Statutes K. Shanmukham The Law Book Co. Allahabad
Reading Resources and Research References
References:
1. N.S. Bindra, Interpretation of Statutes, Lexis Nexis
2. Bakshi BM, Interpretation of Statutes, Orient publisher, 2008
Mode of Evaluation Internal and External

Recommended by the Board of Studies

Date of Approval by the Academic Council

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