Interpretation Of Statutes

3-Markers with answers

Descriptive questions

Answer in one or two sentence:

1) Define Immovable Property as defined in the General Clauses Act, 1897?

➢ According to Section 3 (26) of the General Clauses Act, 1897 – “Immovable Property shall
include land, benefits to arise out of land and things attached to the earth, or permanently

fastened to anything attached to the earth”

2) What is Doctrine Pith and Substance? Or Explain briefly the doctrine of Pith and
Substance?

➢ Pith means ‘true nature’ or ‘essence of something’ and Substance means ‘the most
important
or essential part of something’. Doctrine of Pith and Substance says that where the question

arises of determining whether a particular law relates to a particular subject (mentioned in

one
List or another), the court looks to the substance of the matter. Thus, if the substance falls
within Union List, then the incidental encroachment by the law on the State List does not
make
it invalid.
3) Define – Interpretation of Statutes?

➢ Interpretation means the art of finding out the true sense of an enactment by giving the

words of the enactment their natural & ordinary meaning. It is the process of
ascertaining the true meaning of the words used in a statute. The object of
interpretation of statute is to determine the intention of the legislature.

4) Define “Son” as defined in the General Clauses Act, 1897?

➢ Sec.3 (57) In the case of ant one whose personal law permits adoption, shall include an
adopted son.
5) What is Causus Omissus? Or What is the meaning of the maxim 'Causus Omissus'? Or
Explain in brief the maxim 'Causus Omisus'?

➢ Cases of Omission or an omitted case. The casus omisus is the process of supplying &
filling

in gaps in legislative drafts by courts through interpretation.

6) Explain the Rule of Noscitur a Sociis?

➢ The particular words, clauses & phrases should not be studied as detached & isolated
expressions, but the whole & every part of the statute must be considered in fixing the
meaning of any of its parts & in order to produce a harmonious whole.
7) What is the meaning of “Express Repeal”?

➢ Express repeal of a statute is usually made by stating that the earlier statute or a
particular

provision is thereby repealed. The words used for repeal must show an intention to
abrogate an Act or omission.
8) What do you understand by 'Mischief Rule'?

➢ This rule gives judges the most discretion of all. The four principles to follow were

expressed in Heydon’s case (1584) (also known as Heydon’s rule, purposive construction).
1) What was the common law before the making of the Act?
2) What was the mischief & defect for which the common law did not provide?

3) What remedy the Parliament had resolved & appointed to cure the disease of the
commonwealth?
4) The true reason of the remedy.
9) What do you understand by the term 'Absurdity'?

➢ If the language used is capable of bearing more than one construction, a construction
that results in hardship, serious inconvenience, or uncertainty known as absurdity or
absurd result or anomaly has to be rejected & preference should be given to that
interpretation which avoids such results .
10) What is the meaning of 'Proviso'?
➢ Proviso is added to the principal clause with object of taking out of the scope of that
principal clause what is included in it & what the legislature desires to be excluded. It will
prevail over the main enactment being last intention of legislature.
11) What do you understand by 'Intention of the Legislature'?

➢ A statute is an edict of legislature. The elementary principal of interpretation is to gather

the ‘Sententia Legis’ (will or intention of Legislature). The intention of legislature is a very
slippery phrase which assimilates two aspects,

1. It carries meaning
2. It conveys the concept of purpose & object.
12) What do you mean by 'Headings' in a Statute? What is its significance or importance in
statutory interpretation?

➢ The Headings or titles prefixed to sections or group of sections. Heading might be

treated as preamble to the provisions & helpful in determining the meaning where
there is ambiguity & may sometimes be of service in determining the scope of
provision.
13) What is the meaning of 'internal aids' to construction of Statutes? Name any 3 such
internal aids? Name any 2 internal aids to interpretation?

➢ The Internal Aids are those materials which aid are available in the statute itself
contained & consist of: ▪ The Long Title of the Act ▪ Preamble ▪ Headings – group of
sections or single section ▪ Proviso ▪ Explanations ▪ Marginal notes

14) What is the meaning of Affidavit?

➢ Sec. 3 (3) The General Clauses Act, 1897 ‘Affidavit’ –– shall includes affirmation &
declaration in the case of persons by law allowed to affirm to declare instead of swearing.
15) What is the meaning of 'Remedial' or 'Welfare' statutes?

➢ The Remedial or welfare statute whereby new remedy is conferred with object to
make improvements in enforcement of rights & to remove doubts in former law. When
the statute does not make the offender liable to any penalty, classified as remedial.
16) What do you understand by 'delegated legislation'?

➢ delegated legislation /secondary /subordinate legislation is law made by an executive

authority under powers given to them by primary legislation in order to implement &
administer the requirement of that legislation. e.g. Rules, Regulations, Ordinances etc.
17) What is the meaning of 'rule of literal construction'?

➢ It means that the words of an enactment are to be given their ordinary & natural
meaning, & construed according to their grammatical meaning & according to the
intention of legislature unless that leads to some absurdity. It also known as ‘natural ’,
‘ordinary’, ‘strict’, ‘grammatical’, & ‘popular’ rule of interpretation.
18) What is the meaning of 'Retrospective operation of a statue'?

➢ The word ‘retrospective’ it literally means looking backwards. It is a cardinal principle

of construction that every statute is prima facie prospective unless it is expressly or by
necessary implication made to have a retrospective operation. If an Act provides that as at
a past date the law shall be takes to have been that which it was not, that Act is deemed
to be retrospective
19) What is the meaning of 'Schedules' in the statutes? What is their role in the statutory
interpretation?

➢ They are at the end & contain minute details for working out the provision of the
express enactment.
• Schedule cannot override the provisions of the express enactment.
• e.g. schedules mentioned in the Constitution.
• M/S. Aphali Pharmaceuticals Ltd. V. State of Maha . AIR 1989 SC 2227 clash between
main body of an Act & schedule, the schedule has to be rejected.
20) Explain how 'Legislative Debates' are important in the interpretation of Statutes?

➢ Speeches made by members of legislature in the course of debates could be

perused to find out the true intention of legislature but limited to interpretation of
Constitution & not to other statutes.
21) What is the meaning of the term 'vessel' under the general clauses Act?

➢ sec. 3 (63) the General Clauses Act ‘Vessel’ - shall include any ship or boat or any other
description of vessel used in navigation.
22) What is an 'enabling statute’?

➢ Enabling statute is a law that gives new or extended authority or powers, generally to a
public official or to a corporation. e.g. compulsory acquisition of land for public good.

23) What is ‘Harmonius Construction'?

➢ When there are in an enactment, two provisions which cannot be reconciled with each
other, they should be so interpreted that, if possible, effect should be given to both, this
is known as rule of harmonious construction.
24) What is the meaning of 'exclusion or ouster of jurisdiction'?

➢ The word jurisdiction is derived from Latin terms ‘juris’ & ‘dicto’ which means “I
speak by law”. Jurisdiction means authority which a court has to decide matters that
are litigated before it. An Ouster or Finality Clause is a provision in an Act of Parliament
to restrict or eliminate judicial review in the interests of smooth administration of
justice. It is sometimes provided by a statute ‘shall be final’, ‘shall be final &
conclusive’, ‘shall be final’, ‘shall not be questioned in any legal proceeding whatsoever’.
e.g. Arts. 323A, 323s. B, exclusion of the jurisdiction of “all courts” except the
jurisdiction of Supreme Court under Arts 32, 136.
25) What is the doctrine of 'implied over ruling'?

➢ It also known as prospective overruling. It enables the court to bring about a smooth
transition by correcting its error without disturbing the impact of errors on past
transactions. ▪ This doctrine can be invoked only in matters arising under the constitution. ▪
It can be applied by highest court of the country.
26) What is the meaning of 'operation of statute?

➢ Automatic legal process by which an effect or result, or liability or right, is created or

extinguished whether the affected party intended it or not. e.g. If a person dies intestate,
his/her heirs are determined by operation of law. 1. Prospective operation 2. Retrospective
operation

27) Explain the term 'abet' as per general clauses Act, 1897?

➢ (S/107 IPC) - a person abets the doing of a thing when he; a) Instigates a person to
commit an offence; or b) Engages with one or more persons in a conspiracy to commit
an offence; or c) Intentionally aids a person by any act or illegal omission to commit
an offence or illegally omits the doing of an act which would prevent the commission
of the offence.
28) What is the meaning of a 'Short Title' to the Act?

➢ the short title nickname given for identification & facility of reference but does not
describe the Act. e.g. The Indian Evidence Act, 1872.

29) Explain the term 'Person' as per general clauses Act?

➢ Sec.3 (42) Person shall include any company or association or body of individual,
whether incorporated or not.
30) Explain the term 'Pari Materia'?

➢ Latin term = on the same subject. The phrase used in connection with two laws
relating to the same subject matter must be analyzed with each other. e. .g. s/41A of
Kerala Abkari Act is in pari materia with s/37 of the NDPS Act (offences to be
cognizable & non bailable)
31) Explain the term 'district judge' under the general clauses Act?

➢ Sec.3 (17) the District Judge shall mean the Judge of a principal civil court of original
jurisdiction but shall not include a High Court in the exercise of its ordinary or
extraordinary original civil jurisdiction.
32) Role of the 'Preamble' in Interpretation of the Constitution of India?

➢ The Preamble contains main object & purpose. It is the Act in nutshell. It is also
known as key to open the minds of makers. This aid is useful only when there is any
ambiguity in interpretation articles of Constitution.
33) Explain the term movable property?

➢ Sec.3 (36) “movable property shall mean property of every description, except
immovable property.

34) Explain the Doctrine of Occupied Field?

➢ The doctrine of occupied field has a great place in interpretation as to whether or not
a particular legislature is competent to legislate on a particular entry. This means that
when the field is completely occupied by List 1, then the State Legislature is wholly
incompetent to legislate on the subject matter & no encroachment, minimal or otherwise,
by the State Legislature is permitted.

35) Explain the doctrine of colourable legislation?

➢ It is based on the maxim that what cannot be done directly cannot be done indirectly. It
is only when a legislature having no power to legislate, frames a legislation in a way that
it is camouflaging the same as to make it appear to fall within its competitive the legislation
thus enacted may be regarded as colourable legislation.
36) Give the meaning of the maxim ‘ut res magis valeat quam Pereat’?

➢ Latin = It is better for a thing to have effect than to be made void. According to this
principle, the courts should avoid interpretations which would leave any part of the law to
be interpreted without effect. The court will not narrow down the enactments but it
may give a wide sense to the words in the statute.
37) Explain the Doctrine of Severability?

➢ A law becomes invalid only to the extent to which it is inconsistent with [Link]. If
after separating the invalid part the valid part is capable of giving effect to the
legislative intent, then only it will survive, otherwise the court shall declare the entire
law as invalid.

38) State how to construe a Penal Act?

➢ Penal statute will only be prospective by reason of the constitutional restriction

imposed by article 20. while interpreting the penal provision public policy also taken
into consideration. Lord Esher M.R. says, ‘if there are two reasonable construction we
must follow the more lenient'.
39) State the theory of Ancillary powers?
➢ Incidental & ancillary powers are an elementary cardinal rule of interpretation that the
words used in the constitution which confer legislative powers must receive the most
liberal construction & if they are words of wide amplitude, they must be interpreted so
as to give effect to that amplitude. It would not be correct to put a narrow or
restricted construction on the words of wide amplitude in a constitution.

40) Explain the importance of Historical Background as an aid of interpretation?

➢ The court is liberty to look into history of the law & seek help from historic facts,
which in the opinion of the court, is necessary to get true meaning.
41) Explain the term contemporanea expositio?

➢ Contemporanea Expositio Contemporanea expositio est optima et fortissinia in lege =

usage & practice developed under a statute is indicative of meaning ascribed to its words
by contemporary opinion.
42) What is ‘taxing Statute’?

➢ The taxing Statute imposes taxes on income or certain other kinds of transaction for -
collect revenue, tax levied for public purpose & used welfare activities of the people.

43) What is codifying statute?

➢ codification of pre-existing provisions in different statute, etc. e.g. The Hindu

Succession Act,1956 - codifying statute with respect to intestate succession.
44) What is revival of an Act?

➢ The process of renewing the operative force of a law which has remained dormant
or unexecuted for so long a time that execution cannot be issued upon it without
new process to reanimate it. Sec. 7 of the General Clauses Act.1897 - Revival of
repealed enactment “…it shall be necessary for the purpose of reviving, either wholly
or partially repealed, expressly to state that purpose.

45) Explain the term ‘Registered’ as per the General Clauses Act, 1897?

➢ Sec.3 (49) - “Registered” used with reference to a document shall mean registered in
6[India] under the law for the time being in force for the registration of documents.
46) What is the ‘State Act’ under the General Clauses Act, 1897?

➢ Sec. 3(59) - “State Act” shall mean an Act passed by the Legislature of a State
established or continued by the Constitution.
47) What is ‘Construction of Statutes?

➢ Interpretation means finding out true meaning of the words but ‘construction’ means
drawing conclusion on the basis of the true spirit of the enactment. e.g. Vishakha v.
State of Rajasthan D K. Basu v. State of West Bengal
48) Define document as per General Clauses Act?

➢ Sec.3 (18) - Document shall include any matter written, expressed or figures or marks, or
by more than one of those means which is intended to be used, or which may be used, for
the purpose of recording that matter.
49) When will a thing be deemed to be done in ‘Good faith’ as per General Clause Act,
1897?

➢ Sec. 3(22) - A thing shall be deemed to be done in “good Faith” where it is in fact done
honestly, whether it is done negligently or not.
50) Define ‘Magistrate’ as per General Clauses Act, 1897?

➢ Sec.3 (32) - Magistrate shall include every person exercising all or any of the powers
of a magistrate under the code of criminal Procedure Code for the time being in force.
51) Explain the term ‘imprisonment’ under General Clauses Act, 1897?

➢ Sec.3 (27) Imprisonment shall mean imprisonment of either description as defined in

the Indian Penal Code.
52) Define ‘Marginal Notes’?

➢ Marginal notes are inserted at the side of the sections, also known as side notes.
where marginal notes are inserted by legislature it can be consider as aid of
interpretation.
53) Explain the term ‘Official Gazette’ under the General Clause Act, 1897?

➢ Sec.3 (39) “official Gazette” or “Gazette” shall mean the Gazette of India or the
official gazette of the State.
54) What is government as per General Clauses act,1897?

➢ Sec. 3 (23) “Government” or “the Government” shall include both the central
Government & any State Government.
55) Define “Coming into operation of an Act” as defined in the General Clauses Act, 1897?
56) Explain the role of the Short Title as Internal Aid of Statutory Interpretation?

57) What is Sententia Legis?

58) Explain the Doctrine of Eclipse?
59) Explain the concept ''Ejusdem Generis”?
60) Explain the Rule about 'Anomaly'?

61) What do you understand by 'Repeal' of a statute?

62) What is the main crux of the principle of 'Mischief Rule' of interpretation of Statutes?
63) Briefly express what is the meaning of 'internal and external aids' in constructing the
statutes?
64) What is the meaning of 'Mens Rea'? Is it applicable to the offences under the Indian
Penal Code?
65) What do you mean by sub-delegation? When is it valid?
66) What do you mean by rule of 'strict construction'?
67) What is the presumption about the territorial operation of a statute?

68) What is the purpose of interpretation?

69) What is meant by 'Beneficial Interpretation'?
70) Explain the doctrine of prospective over-ruling?
71) Give importance of legislative debates?

72) Explain the primary rule of interpretation?