Lecture V

METHODS OF INTERPRETING
SUBSTANTIVE AND PROCEDURAL
LAW

Synopsis
1 Substantive Law
2. Procedural Law
SUBSTANTIVE LAW AND PROCEDURALLAM'
Law can be categorised under heads namely, Natural lav
Customary Laws, Conventional Law, Public Law, Private Lav
Special Law and so on. Likewise, the law may be categorised int
two important heads namely,
Substantive Law
Procedural Law
Where the Substantive law provides rights and duties of th
individuals, what individuals may do or may not do and define
various offences. Illustrations for SubstantiveLaws are Sale o
Goods Act, 1930; Negotiable Instruments Act, 1881; Indian Contrac
Act, P872 etc. Where the Procedural law provides the effectivc
machinery for enforcement of substan!ive law. Illustrations for
Procedural Laws are The Code of Criminal Procedural, 1973; The
Code of Civil Procedure, 1908 etc.
The criminal law is classified into two types they are substantive
criminal law and procedural criminal law. The substantive criminal
law defines various offences and fixes punishments for respectiv e
offences. Similarly, the Code of Criminal Procedure, 1973 is the
procedurefor administration of criminal law, and it sets procedure and
grant mechanism for the implementation of the substantive criminal
law.

57
 lucctures on Interpretation ot
Statutes
VLec.v
example, if X is an accused during the
trial
court,opens fire and kills a witness for giving before
murder took in the presence evidence
of Sessions
judgecannot convict the accused on the spot for the judge.
300 of I.P.C and under 302
murderunder of offence
I.P.C with life
or death sentence. As there are
Qrisonment the Code of pre-conviction
oceduresunder Criminal Procedural, 1973.
[Link] Law:
Theprinciples of the SubsKntive Law are originated
law. It is a branch of written law or statutory from
30mmon law. Substantive
of rules that creates, defines and
law refersto a body regulates rights
[Link] conferred on a party to prefer an appeal
substantive right conferred against
a order is a by a statute which remains
unaffected by subsequent changes in law unless modified expressly
or bynecessaryimplication.l It deals with the relationship between
thepeopleand the state and defines various rights and duties of the
peopletowardsthe state. It deals with all branches of law like private
lawslcivillaws(the law of contracts 1872, law of torts etc.,) The rules
a tomeasureof damage pertain to the substantive law and anew
measureof damages having been brought into existence taking a long
marchin the field of law of Tons, the amendment is clearly within
the domainof substantive law and not procedural law.2
[Link] Law:
Theword procedure denotes mode or form or mannerof
the particular thing. In other words, it can be statedas
enforcing
modesandconditions of the application of one to the other. Salmond3
definedthe procedural law is a branch of law, which governsthe
rocessof that action-using the term action in a wide sense to include
[Link] procedural law establishes a mechanism
ordetermining and machinery for enforé,ng
those fights and liabilities
739.
Thirumalai Chemicals Ltd. v. Union of India, (2011) 6 SCC
1.
ACC
NewIndian Assurance Co. L : v. Nafis Begum and Ors, i (1992)
281.
(12th ed., 1957).
3.
GWilliams.,Salmond 503-504
on Jurisprudence,
 Methods of Interpreting •tlnc
[Link] Substantiveand Procedural Law
them.l Procedural law comprisesthe rules from the date of hearing
to till the date of disposalof the case civil or criminål proceedings
as well as the method and meansby Which substantive law is made
and administered.
Difference betweenSubstantivelaw and Procedural law:
The major differencesbetween the substantive and procedural
law can be observed as belowtable as follows.
Substantive law Procedural Law
Substantive law is a law that ProceduralLaw is a law thatdeals
deals with the rights andduties with the practice, procedure &
of the individuals, what machineryfor enforcementof
individuals may do or maynot substantive law.
do.
Where substantive law deals Where Procedural Law deals with
with how people shouldbehave how a case will go through step
and how the facts of the case by step process/ flow.
to be handled.
It is an Independent set of laws It doesn' t have such independent
which decide the fate of a case. existence.
It deals with the rightand- From Initiation of the case to till
punishments for wrongdoers. the date of disposal of the case
what are the steps have to be
taken by parties.
It deals with the mattersoutsideIt deals with the matters inside
the court. the court.
Substantive law cannot be Procedural Law can be applied in
applied in case of non-legal non-legal contexts.
contexts.
It is apprehensive with the ends It deals with means and tools by
of justice,in which adminisu•ationwhich the ends of justice is
of justice invokes/seeks attained.
1. [Link] Ltd. v. Union of India, (2011) 6 SCC 739.
 Lectures on Interpretation of Statutes [Lec.V
Methods of Interpreting Substantive Laws:
courts may apply/ adopt sound and the helpful rule of
interpretation or construction for interpretation of substantive
enactments so as to give effect to rights and duties of the individuals.
If the words of the substantive law is clear and unambiguous, the
main concern should be given to "litera legis l " of the enactment.
Ihe intention of the parliament should be inferred from the language
of the Ace or from the letter of the law. So the best rules3 and
most suitable rules of construetfonare used for interpretation of
substantive laws.
The following methods of interpretation are adopted for
construction of substantive enactmentsor laws:
Application of Rule of Strict Construction while
Interpreting the Substantivelaw
To ensure that the substantive rights which are provided under
a substantive law or statute are protected the statute should be
construedin a strict manner by applying the rule of strict construction.
This rule limits the application of words used in a statute. -The exact
technical meaning of the language used in the statute should not be
inclined while strictly construing it. This type of construction is
applied to cases where the words of the statutes are within the letter
of the law along with the reason and spirit. The reason and spirit
of the law also have to be includedalong with the letter of the law
in a given situation.

Rule of 'literalegis' means understanding•anyprovision of law from its

actual language and plain meaning thereof held in PazaNeduraman v,
Stale, 2003 2 CTC 210.
State ofU.P, andAnn v, Bar Council ofU.r, , AIR 1971 All 186.
3. A statute is best interpreted when we know why it was enacted held in
the case of Narayan S/o Guja a•aoBhoyar v. YeotmalZilla Parishad
Kannachari and RajudasS/omvmanrao Jadhav, 2009(6)BomCR277,
 Methods of Interpreting the
[Link] Substantive and Procedural Law
Application of Rule of Harmonious Construction62
Interpreting Substantive Laws
The rule of construction is well settled that wtEn away
in an enactment two provisionswhich
other, they should be so interpretedthat; have
be given to both l . N%ether the proviso is construed as an expr
to the main enactment or as a substantive provision,the
harmonious construction would still apply.2%erefore
harmonious construction of statutes can apply for the int.e
pro'
of substantive laws.
Prospective Commencementof Substantive Law
The fundamental principle is that every statute is prima: tha
prospective unless it is expresslyor by necessary
to have a retrospective [Link], rule, in gerrral, is
where the object of the statue is to affect vested rights or to lul
new burdens or to impair existinc obligations. Unless there arew
in the statute sufficient to show the intention of the legisl PI

affect existing rights, it is deemed to be prospective only.3

substantive law will always have prospective operation only. It c
not have the retrospective operation until unless expressed by
parliament-4 There is a presumptionof prospectively articul
the legal maxim 'nova constitutiofuturisformam imponere
praeteritis 'S , i.e. "a new law ought to regulate what is to_follow,
1. Venkataramana Devaru v. State of Mysore, AIR 1958 SC 255.
2- I. T. Commr. v. Ajar Products AIR 1965 SC 1358; Mohaideen Ah
Kadir and Ors. -[Link] Agent Håd
Afohammad 77tambiandOrs., (1970)ILR 2N1ad636.
3. Zile Singh v. State ofHaryana AIR 2004 SC 5100; Delta Engineer
State ofGoa and ors.. (20) 12SCC 110.
4. Purbanchal Cables & Conductors Pvt. Ltd. v. Assam Stare Electri-
Board andAnr., (2012) 7 SCC 462 ,the Supreme Court held that 3'
substantive law shall operate prospectively unless
operation is clearly made out in the language of the statute.
5. Income Officerv. Promoters(P) [200811
VållabhaneniLakshmanaSwamy
and Ann v. ValluruBasavaiah
ors.,
 Lectures on Interpretation of Statutes
ruction 62 [Lec.V
Substantive rights conferred in the statute cannot
the past". effect by an amendmentAcL be taken
When with retrospective The
there away take effect only from the-date of its
ed With will usually enactmentandwill
e effect • application to the prior_transaction, in the absenceof
have no
san ex s
ressed intent or an intent clearly_implied to the contrary. an
exp that an anrrxlment shall operate Indeed
is a presumptiön prospecüvely.l
' the rulf Penal. Statute like Indian Penal Code,
fore Illistrations: Domestic
1860,The
Women from Violence Act, 2005willhave
nterpre PrbtectionOf
prospectiveeffect only.
Methodsof Interpreting yrOcedural Laws
JusticeKrishna lyer stated that "We must remember
)rinzaf law is not to be a dictator but a servant,notan
thatprocedural
but an aid to justice. It has been, wisely observedthat
obsü•uction
appli proceduralprescriptions are the handmaid and not the mistress,a
to im not a resistant in the administration of justice."2Likeall
lubricant,
rulesofprocedure,this rule demands a construction whichwould
;lature 3
romote this cause.
3Thu
The following methods of interpretation are adoptedfor
. ltd onstructionof Pi-ocedural Laws:-
by
lated Applicationof Rule of Harmonious ConstructionWhile
betn Interpreting Procedural Laws
Therule of harmoniousconstruction is "a well-known rule of
of statutes that the expressions used thereinshould
interpretation
be understood in a sense in which they best harmonisewith
ordinalily
be theobjectof the statute, and which effectuate the object of the
Legislature."4The rule of harmonious interpretatiön is appliedwhile
intemreting the substantive law as well as the [Link]
PillPoseof the procedural laws primarily is to serve the nobleend
131
J." UdaipurUdhyog Ltd. vs. State of Rajasthan and Ors.[20031

2.
stateofPunjab 1177.
3. v. Shamal Muran, AIR 1976 SC
stateofGujarat scR 875.
4. v. Ramprakash P. Pun, [197012 Bihar, AIR
NewIndia Tat,
Sugar Mills Ltd. v. Commissioner ofSales
2015CriLJ1627.
1963SC 1207; Geetsnjan,
Kailash Murarka v. K.
 Methods of Interpreting the
[Link] Substantive and Procedural Law 63
of justice and not to frustrate iti . It is well known that in case of
conflict, harmoniousconstruction between the Act and Rule is required
to be made.2
For instancethe Code of Civil Procedure, 1908,which contains
sections and orders. The bare reading of the provisions used in it
sometimes leads to absurdity or conflict with rights of the parties.
So the courts can deviate from it and interpret it in a manner to give
full effect to it and not to frustrate it.
Applicationof Rule Literal Construction While
Interpreting Procedural Laws
Rule of Literal interpretation is one of the oldest method used
for interpretingthe statute. According to Salmond, this interpretation
is known as Grammatical or Logical. ' 'The cardinal rule of construction
of statutes is to read the statutes literally, that is, by giving to the
words their ordinary, natural and grammatical meanin o."3Where the
words of a statute are absolutely clear and unambiguous, recourse
cannot be had to the principles of interpretation other than the literal
rule. Even if the literal interpretation results in hardship or
inconvenience,it has to be followed.4 In the literal rule of interpretation,
the judge must follow the language in the enactment. There is no
scope for going beyond the letter of the law. "However taken by
and large, and subject to that proviso our laws of procedure should
be construed,wherever that is reasonably possible in the light of that
principle.5

1. state ofRajasthan [Link], 1974WLN367.

2. Ashis Kumar Kundu v. Border Security Force, 1998 (1) SCT417.
3. Ram Rattan v. Parma Nand, AIR 1946 PC 51.
4. RaghunathRai Bareja and Anr. v. Punjab National Bank, (2007) 2
SCC 230.
5. Sangram Singh v. Election Tribunal, Kotah, AIR 1955 SC 425.