School of Law and Governance

BALAW4004C04 Interpretation of Statutes and Legislative L T P C

Principles
Version1.1 4 0 0 4
Pre-requisites//Exposure
co-requisites
Semester IV
Programme B.A. LL.B.(H.)

1.0 Course Description

Laws enacted by the legislatures are interpreted by the judiciary. Enacted laws, especially the
modern Acts and Rules, are drafted by legal experts and it could be expected that the language will
leave little room for interpretation or construction. But the experience of all, who have to bear and
share the task of application of law, has been different. It is quite often observed that courts are
busy unfolding the meaning of ambiguous words and expressions and resolving inconsistencies.
The age old process of the application of the enacted laws has led to formulation of certain rules
of interpretation or construction. “By interpretation or construction is meant”, says Salmond, “the
process by which the courts seek to ascertain the meaning of the legislature through the medium
of authoritative forms in which it is expressed”. A statute is an edict of the Legislature and the
conventional way of interpreting and construing a statute is to seek the intention of its maker. A
statute is to be construed according to the intent of them that make it and the duty of judicature is
to act upon the true intention of the legislature.
2.0 Course Objectives
1. To understand the concept of Interpretation and construction & difference thereto.
2. To understand and examine the relevancy of various principles of interpretation
3. To identify the roles of judiciary in ascertaining meaning of any statute or in law making.
4. To assess the judicial trends in India
3.0 Course Outcomes
On completion of this course, the students will be
1. Acquainted with the concept and various types of Statutes.
2. Appreciate the relevancy of interpretation of the statute.
3. Learn the mechanism to find out the real intent of the legislature in making of the particular
Statutes.
4. Understand the relevancy of Internal and External Aid of Interpretation.
5. Apply the various doctrines of Constitutional Interpretation.
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4.0 Pedagogy
A various learning methods will be used which will emphasize a cooperative learning format.
Student led discussions and presentations will be combined with instructor facilitated
experiences and lectures. Specific methods include:

● Class Room Discussion

● Teaching Assignment
● Presentations
● Case Studies
● Projects
● Seminar
● Panel Discussion

5.0. Evaluation Scheme:

● 30% - Continuous Internal Assessment (Formative in nature but also contributing to the
final grades).
● 70% - End Term External Examination (University Examination).

6.0 Course Content

UNIT: 1. Introduction 6 Lectures
● Meaning, Objects, Nature and Scope of ‘Interpretation’ and ‘Construction’
● Types of Interpretation and Statute
● Difference between Interpretation and Construction
● Nature and Kinds of Indian Laws: Statutory, Non-statutory, Codified, State-made and
State-recognized laws.
● Act should be read as a whole (Ex Viceribus Actus)

Cases:
1. P. Ramachandra Rao v. State of Karnataka (2002) 4 SCC 578
2. Padma Sundara Rao v. State of Tamil Nadu (2002) 3 SCC 533
3. D.M., Aravali Golf Club v. Chander Hass, 2007 (14) SCALE 1
4. Bhatia Internationa lv. Bulk Trading S.A.(2002) 4 SCC 105

● Ut Res Magis Valeat Quam Pereat

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UNIT: 2.Rules of Interpretation 15 Lectures

● Basic Rules of Interpretation
● Literal Rule or Plain Meaning Rule of Interpretation
Cases:
5. Jugalkishore v. Raw Cotton Co. AIR 1955 SC 376
6. B.N.Mutto v. T.K. Nandi(Dr.)(1979) 1 SCC 361
7. Ramavtar Budhai Prasad v. Assistant Sales Tax Officer,AIR 1961 SC 1325
8. M/s. Motipur Zamindary Co. (Private) Ltd. v. State of Bihar,AIR 1962 SC 660
● Golden Rule of Interpretation
Cases:
9. Lee v. Knapp (1967) 2 Q.B.442
10. G. Narayana swami v. Pannersevan (1972) 3 SCC 717
11. Union of India v. Filip Tiago De Gama of Vedem Vasco De Gama, AIR 1980 SC 981:
(1990) 1SCC 277
12. Nokes v. DoncasterAmalgamated Collieries (1940) AC 1014

● Mischief Rule of Interpretation

Cases:
13. Heydon’s case (1584) 3 Co. Rep. 7
14. R.M.D.C. v. Union of India, AIR 1957 SC 628
15. Commissioner of Income-tax. v. Smt. Sarda Devi, AIR 1957 SC 832
16. Utkal Contractors & Joinery (P) Ltd. v. State of Orissa, AIR 1987SC 1454
17. Smith v. Hughes(1960) 1 W.L.R.830
● Beneficial Rule of Interpretation
● Rule of Purposive Construction
Cases:
18. Rev.Stainislaus v. State of M.P., AIR 1977 SC 108
19. S.R. Chaudhuri v. State of Punjab, (2001) 7 SCC 126
20. All India Reporter Karamchari Sangh v. All India Reporters Ltd., AIR 1988 SC 1325
21. State of Mysore v. R.V. Bidap, AIR 1973 SC 255 : (1974) 3 SCC 337

● Harmonious Construction
Cases:
22. Sri Venkataramana Devaru v. State of Mysore, AIR 1958 SC 255
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23. K.M. Nanavati v. State of Bombay, AIR 1961 SC 112

24. Calcutta Gas Co. v. State of West Bengal, AIR 1962 SC 1044
25. Sirsilk Ltd. v. Govt. of Andhra Pradesh, AIR 1964 SC 160 :(1964) 2 SCR 448
26. The Remington Rand of India Ltd. v. The Workmen, AIR 1968 SC 224 : (1968) 1 SCR 164.
● Subsidiary Rules of Interpretation
● Ejusdem generis
● Noscitur a sociis
Cases:
27. Hamdard Dawakhana v. Union of India, AIR 1960 SC 55.
28. Calcutta Municipal Corporation v. East India HotelsLtd., AIR 1996 SC 419
29. Oswal Agro Mills Ltd. v. CCE, 1993 Supp. (3)SCC 716

UNIT: 3. Internal Aids to Interpretation 5 Lectures

● Short and long titles, preamble, marginal notes, parts and their captions, chapters and their
captions, section headings
● Explanations, exceptions, examples, provisos and schedules
● Defining legal expressions like ‘means’ ‘includes’, ‘that is to say’, etc.
● Phrases like ‘grammatical variations and cognate expressions’
Cases
30. Biswambhar Singh v. State of Orissa, AIR 1954 SC 139 :
31. M/s. HiralalRattanlalv. State of U.P. (1973) 1 SCC 216.
32. Manoharlalv. State of Punjab, AIR 1961 SC 418 (1961) 2 SCR 343

UNIT: 4. External Aids to Interpretation 6 Lectures

● Parliamentary History
● Parliamentary proceeding
● Later Developments
● Dictionaries
● Foreign Judgments
Cases:
33. Shashi Kant Laxman Kale v. Union of India, AIR 1990 SC 2114 :(1990) 4 SCC 366
34. S.R. Chaudharyv. State of Punjab (2001) 7 SCC 126
35. State of Mysore v. R.V. Bidap, AIR 1973 SC 255
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UNIT: 5. Applied Principles of Interpretation 5 Lectures

● Fiscal Statutes
● Interpretation of Contracts
● Interpretation of Treaties
Cases:
36. The Empress Mills, Nagpur v. The Municipal Committee, Wardha, AIR 1958 SC 341
37. A.S. Sulochanav. C. Dharmalingam, AIR 1987 SC 242

UNIT: 6. Principles of Constitutional Interpretation 12 Lectures

● Rule of Presumption
● Doctrine of pith and substance
● Colourable legislation
● Ancillary powers
● Residuary power
● Doctrine of repugnancy
● Doctrine of Presumption
Cases:
38. Prufulla Kumar v. State Bank of Khulna, AIR 1946 PC.
39. Atiabari Tea Co. Ltd. v. State of Assam AIR 1961 SC 232.
40. Bengal ImmModuley Co. v. State of Bihar, AIR 1955 SC 61.
41. Saurabh Choudhry v. Union of India AIR 2004 SC 361
42. The Supreme Court Advocates on Record Association v. Union of India AIR 1994 SC 268.
43. Jagdish Sharan v. Union of India AIR 1980 SC 820
7.0. Text Books
1. B.M. Gandhi, Interpretation of Statutes, Eastern Book Company, 2nd Edition, 2014.
2. T. Bhattacharya, Interpretation of Statutes, Central Law Agency, 6th Edition, 2013.

Reference Books
1. Justice G.P. Singh, Principles of Statutory Interpretation, Lexis Nexis, 12th Edition, 2010
2. N.S. Bindra’s Principles of Interpretation, Lexis Nexis, 10th Edition 2011.
3. Sir Peter Benson Maxwell on Interpretation of Statutes 6th Edition, 1920.