MEANING OF THE TERM STATUTE

Any written law passed by a legislative body on the state or federal level.

Few Government controlled bodies or the statutory bodies are also fromed
through the statutes.

According to Black law dictionary “A statute is a formal written enactment of a

legislative authority that governs a country,state or a city.

The Indian constitution does not uses the word statute but uses the word law
which includes any ordinance,order,by-laws,rules,regulations,custom or usage
having its use in the territory of India.

In simple words it is a law,enactment or any act.

In a democratic country like India where the rule of law starts from the village
panchayat to prime ministers,legislatures both at the centre and for each state and
subject frame on which they make law is mentioned in different lists in schedule
7 such as union list,state list and concurrent list.

A statute may prohibit a certain act,direct a particular act,make a declaration or

set forth governmental mechanisms to aid the society.

A statute is thus a written will of the legislature expressed according to the form
necessary to constitute it as a law of the state and render authentic by certain
prescribed forms and solemnities.A statute has both restricted and a broad usage
and significance.

The object of a statute is to smoothly excel the law and free flow of human
interactions in the society and bring a harmony between the relationship of the
state and the individual.

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COMMENCEMENT OF STATUTES

Commencement refers to the starting or beginning of any legal action,process or

[Link] term is commonly used in the context of commencement of the
statute or the law,which refers to the date when the statute comes into effect or
force.

Commencement of a statute is important legal concept as it determines the date

from which the statute is applicable and enforceable.

The date of commencement may be different for the different provisions of a

[Link] ex:-some provisions may come into effect immediately upon the
commencement of the statute while others have a delayed commencement date
or may come into effect when certain conditions are met.

The commencement date is very crucial because it determines from when the
legal rights,duties and obligation are outlined in the statute and become operative.

Types of commencement provisions

*Specified date:-A statute may explicitly mention the date on which it will come
into [Link] instance if a statute states “This act shall come into force on 1 st of
January 2004” then the commencement date in that is umambiguous.

*Date of assent:-Sometimes the statute may come into force on the date it receives
the assent of the president of the [Link] example many statutes state that
this act shall come into force on the date of its assent by the president.

*Date of notification:-Some statutes may specify that they will come into force
on a date appointed by the government which is then announced through an
official [Link] method provides flexibility to the government in
deciding the precise date based on administrative convenience.

*Conditional commencement:-Occasionally the commencement of a statute

might depend on the occurrence of a specific event of a fulfillment of certain
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[Link] instance a statute could state that this act shall come into force on
such date as the central government may by notification in the official gazette
appoint.

Importance of commencement in the statutory interpretation

*Retroactivity:-Generally the statutes are presumed to operate prospectively

meaning they apply to events occurring after their commencement.A statute is
rarely intended to have a retroactive effect unless explicitly [Link]
the commencement date helps determine whether a statute affects past actions or
only the future conduct.

*Rights and obligations:-The commencement date determines when the legal

rights and obligations created by the statute begin to [Link] instance if a new
tax law commences on april 1 then the individuals and the firms need to comply
from that date.

*Transitional provisions:-The statutes sometimes contain the transitional

provisions to bridge the gap between the old and new law,knowing the
commencement date is essential to apply these provisions correctly.

OPERATION OF STATUTES

Operation of statute in general means usage of the statutes which we bound to use
both as the law makers and law followers are bound to use the same.

There is a distinction between commencement and [Link] act can only

commence or come in force in a particular area,on the date on which that act is
bought into operation by the legislative enactment or by a delegate holding
authority to bring it into operation.

*Prospective operation:-Prospective means effective or operative in future.A rule

of judiciary law is always ex post facto law in relation to the decided case by
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which the rule is [Link] is applied to facts which are prior in date to the
date [Link] statute is prima facie prospective unless it is expressly or by
necessary implications made to have retrospective [Link] is in
opposition to the principle of natural justice that the law shall be known before a
person is to suffer for its infraction.

*Retrospective operation:-Legislature has the powers to legislative prospectively

as well as [Link] means looking backward,contemplating
what is past,having reference to a statute existing before the act in
[Link] statute means a statute which creates a new obligation,or
transactions,or considerations already past,or destroys,impairs a vested rights.

Pros and cons of operation of statutes

*It gave parliament the vast powers to amend the laws.

*It chooses and its exercise is essential for public good to bring about radical
changes in realm of the property law.

*It saved the rights like right to equality,right to freedom including the right of
press,right to personal liberty,right against exploitation,right to freedom of
religion,cultural and educational rights and rights to constitutional remedies.

REPEAL OF STATUTES

Repeal means to revoke,abrogate or cancel particularly a [Link] primary

meaning of the word “repealed” as used in speaking of the repeal of a statute is
recalled or revoked.

Any statute may repeal any act in whole or in part,either expressly or impliedly
by enacting the matter contrary to and inconsistent with the prior
[Link] means revocation as the repealing of a statute is the revoking
or disannulling it.
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Under section 6 of general clauses act “repeal” connotes abrogation or
obliteration of one statute by the another,from the statute book as completely as
if it had never been passed.

When an act is repealed it must be considered as if it had never existed.

The laws can be repealed either through an ordinance or legislation then the
parliament must pass a new law within six months if an ordinance is used and if
the parliament does not approve the ordinance then it lapses and then the repealed
law can be again revived.

Repeal is the rescission of an existing law by any subsequent legislation or

constitutional amendment and also referred to as abrogation.

It is observed that whenever a statute is repealed or comes to an end by efflux of

time,no prosecution for acts done during the continuance of the repealed or
expired act can be commenced after the date of its repeal or expiry,because that
would amount to enforcement of repealed or dead act.

PURPOSE OF INTERPRETATION OF STATUTES

*The complicated process of drafting laws leads to a variety of gaps and

ambiguity in the statute.

*The words, phrases, terms used in the statute can have varying meanings due to
the multifaceted nature of the language.

*A law is never drafted by a single person but rather by a group of people, this
leads to incoherence in the language.

*Some statues use technical language because of their complicated subject

matter.

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*The applicability of law changes with new developments.

*The purpose is to help the judge to ascertain the intention of the legislation but
not to control that intention or to confine it within the limits,which the judge may
deem reasonable or expedient.

*The object of interpretation of statute is to determine the intention of legislation

conveyed expressly or impliedly in the language used.

*The primary aim of interpreting a statute should be to identify the mischief and
defect that statute intended to address and provide an effective remedy for the
same.

*It is to address the questions about what the law states and what it was intended
to achieve.

TYPES OF INTERPRETATION

*Liberal interpretation:-It is also called as the logical interpretation in this the

[Link] this the courts have the discretion to apply more flexible rules as per
their understanding and choice. Liberal or beneficial interpretation means the
interpretation of the statute should be made liberally in order to get a wider and
enhanced meaning to it. Here judges have all the powers and authority to interpret
the laws according to the case requirements and in this rule, there will be no
compulsion to follow only the letter of the law, they can go beyond the meaning
of the text and interpret.

*Strict interpretation:-It is called the literal or grammatical interpretation which

is strictly confined to the words,letters and the actual statute. Strict interpretation
means each word in the statute should be interpreted by the letter and not with
respect to the spirit behind the statute. A judge has to apply the text only as it is

6
written in the statute when there is clear meaning of the text there will be no scope
for any further investigation regarding the same.

AIDS TO INTERPRETATION

An aid is considered as a tool or device which helps in interpreting a statute, the

court can take help from internal aids to interpretation (i.e. within statutes) or
external aids to interpretation (i.e. outside the statutes).

In case of adequate internal aids the court can recourse to external aids.

INTERNAL AIDS(INTRINSIC AIDS)

It means those aids which are available in the act or the statute itself.

Each and every part of the statute helps in interpretation.

These aids are part and parcel of the statute itself and for looking an aid we need
not to go outside the act.

Internal aids to the interpretation of Statutes refer to the tools or elements inherent
within a statute. These aids allow the court to derive the statute’s meaning without
relying on external references.

By examining the content within the statute, such as specific provisions or

clauses, it becomes possible to interpret its intended meaning.

In UTKAL CONSTRUCTIONS V/S STATE OF ORRISA-AIR 1987,SC 1454

In this case the Supreme Court held that a statute is best understood if one knows
the reason behind passing of the act,the reason for a statute is the safest guide to
interpretation.

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In this case the court held that in India the intrinsic aids are following:-

*Title

*Preamble

*Heading and marginal notes

*Section and sub section

*Punctuation marks

*Illustrations,exceptions,provisos and saving clauses

*Schedules

*Non obstante clause

TITLE

Every act of the legislature commences with the title which consists of the
introductory words “An act to” followed by the words briefly describing its
objects.

In case of KEDARNATH BAJARIA V/S STATE OF BENGAL the court held

that the long title sets out in general terms the purpose of the act but it is a good
guide regarding the object scope or purpose of the act.

There are 2 types of title long title and short title;

Short title:- The short title of an Act serves as a concise name given to the
legislation for easy reference and identification. It is typically stated in Section 1
of the Act and includes the year of its enactment. The short title is a convenient
way to refer to the Act without mentioning its full name and details.

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For example, Section 1 of the Code of Civil Procedure (CPC) states, “This Act
may be cited as the Code of Civil Procedure, 1908.” Similarly, Section 1 of the
Indian Contract Act states, “This Act may be called the Indian Contract Act,
1872.”

Long title:- A long title being part of the act is admissible as an aid to
interpretation and it often precedes the preamble courts in england formerly did
not recognise the long title as an aid to interpretation but now they do recognize
it.

In comparison with the long title the short title is not as useful guide for
interpretation but just a statutory nickname to obviate the necessity of always
referring the act.

If the provisions are ambiguous and the courts face difficulty in deducing the
purpose of the act from the express provisions of the act then it is permissible to
refer to the long title.

For instance, the long title of the Criminal Procedure Code (CrPC) states, “An act
to consolidate and amend the laws relating to the criminal procedure.”

In case of ASHWANI KUMAR GHOSE V/S ARBINDA BOSE the court held
that it is settled that title of a statute is an important part of the act and may be
referred for the purpose of ascertaining its general scope and for throwing light
on its construction although it cannot override the clear meaning of the enactment.

PREAMBLE

It is an introductory an expressionary statement in a document that explain the

document’s purpose and philosophy.

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Preamble of the constitution like the preamble of any statute is also key to open
the mind of its makers it must be read as a whole to get the correct intention of
its makers.

Though a preamble may afford useful light as to what state intends to reach it is
settled rule that preamble cannot for any purpose
control,restrict,extend,alter,detract from or add to the enactments themselves
what they are expressed in clear and unambiguous terms.

As the long title is a part of the act the preamble of the statute is an admissible
aid to [Link] not an enacting part,the preamble is expected to
express the scop, object and purpose of the act more comprehensively than the
long title.

In case of KASHINATH PRASAD V/S STATE the court held that though the
preamble cannot be used to defeat the enacting clauses of statute but it has been
treated as a key for the interpretation of statute.

The preamble is typically located on the first page of the Act, although it is worth
noting that modern acts are often drafted without a preamble, diminishing its
importance.

However, if multiple interpretations are possible, the preamble can assist in

ascertaining the true meaning of the provision.

In case of RE BERUBARI UNION AND EXCHANGE OF ENCLAVES the

court observed that the preamble is not a part of the constitution Sikri CJ said that
preamble was expressly voted to be a part of constitution and was used by the
Supreme Court as an aid to interpretation in several cases.

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MARGINAL NOTES OR HEADINGS

Marginal notes means the notes which are printed at the side of a section of an
act,which summarises the effect of the sections have been used as an aid to
interpretation.

In England the disposition of the court is to disregard the marginal notes but in
India the courts have entertained different views although no opinion was uniform
and the weight of authority is in favour of the view that the marginal notes
appended to a section cannot be used for constructing the section.

The headings or notes which are put on one side of a section are called marginal
[Link] notes usually give safe indication of purport of a section even though
the note doesn’t control the meaning of the section.

In case of BALRAJ KUMAR V/S JAGATPAL SINGH the court held that there
seems to be no reason for giving the marginal notes in an Indian statute any
greater authority than the marginal notes in an English act of [Link] the
past this marginal notes were considered to be useful.

Marginal heading or notes of the section cannot control the meaning of the section
when it is clear and [Link] section heading constitutes an important
part of the act itself and may be red not only as explaining the provisions of the
section but it also affords a better key to the construction of the provisions of the
section which follows.

A marginal note cannot take away the effect of the provisions of the act and render
those provisions legislatively incompetent,if they are otherwise within the
legislative competence.

In the past, marginal notes were sometimes considered for interpretation when
the clear meaning of a provision was uncertain. However, according to the
11
modern view of the court, marginal notes do not play a significant role as
legislators neither insert them nor are they part of the statute itself. Nevertheless,
marginal notes are occasionally referred to when interpreting the constitution
because the constituent assembly creates them.

While marginal notes may have limited significance in the interpretation of

statutes, they can still offer valuable context in interpreting constitutional
provisions.

Headings are prefixed to sections or groups of sections within a statute. Courts

have treated these headings as preambles to the corresponding sections or sets of
sections. However, it is important to note that headings cannot control the plain
words of the provision. Headings serve as internal aids to interpretation of
statutes.

Their role is limited to cases where the plain reading of the section allows for
more than one interpretation. In such situations, the court may seek guidance from
the headings to understand the legislative intent.

PUNCTUATION MARKS

In the past in England punctuation had no place in the construction of a statute

and it was considered to be an error to rely on punctuation for [Link]
opinion on construction of Indian statutes was also not very different.

In case of ASHWANI KUMAR GOES V/S ARBINDA BOSE that now

punctuation marks cannot be disregarded it has its own use and value however it
cannot control the plane meaning of text.

12
Grammar and punctuation marks are helpless victims of the pace of life and at
times it is not proper to go mere by the commas used in the clause in question and
in such cases it is more satisfactory to discover the true meaning of clause by
having regard to the substance of the matter as it emerges from the object and
purpose of the act.

The context in which the expression is used and the consequences necessarily
following upon the acceptance of any particular interpretation of the provision
and the contravention of which is visited by the penal consequences.

In AK GOPALAN V/S STATE OF MADRAS it was held that with respect to

modern statutes,if the statute in question is carefully punctuated,punctuation
though a minor element may be resorted to for construction.

Even though sometimes the presence and absence of commas has been taken as
an aid in interpreting the particular provision then the ordinary rule is that
punctuation mark is a minor element in the interpretation of a statute.

Punctuation is represented by various symbols such as colons, semicolons,

commas, full stops, dashes, hyphens, brackets and more. In earlier times, statutes
were passed without punctuation, and courts needed to give more importance to
them. However, in modern times, statutes are passed with punctuation.

The rule of interpretation regarding punctuated provisions is that if the court

encounters repugnancy or ambiguity while interpreting a provision with
punctuation, the court should read the provision as a whole without attaching
significance to the punctuation. If the meaning is clear, it should be interpreted
accordingly.

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SCHEDULES

Schedule are the tables which have additional information that is mentioned in
the article but in case of conflict between the schedule and the main body the
main body prevails.

Statutes generally are divided into sections and [Link] divisions are for
the purpose of [Link] are attached to the act they form a part of
the statute.

They are put at the end of the act and contain details which cannot be included in
the [Link] often contain prescribed forms for the working of the
[Link] may contain substantive enactment to which they may at times go
beyond the scope of their relevant section.

In case of RAMCHAND TEXTILE V/S SALES TAX OFFICER the Allahabad

High Court held that if there is any appearance of inconsistency between the
schedule and the enactment in that case the enactment shall prevail.

If the act says that the schedule is to be used for a certain purpose in the heading
of the part of the scheduling question shows that it is prima facie at any rate
devoted the purpose,then the act and the schedule must be read as if the schedule
can be satisfied without extending it beyond the purpose that ought to be done in
spite of that if the language of the schedule has in it words and terms that clearly
go out of its purpose.

For example article one of the constitution states that India shall be a union of
states then schedule one will contain the names of all the States and territories.

The language of the schedule must be clearIt bears the heading of the relevant
section with which it is [Link] the language of the schedule is not clear
enough,its purpose must be sought into the section with which it is connected.
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ILLUSTRATIONS

Illustrations attached to the sections are part of the statute and they are useful so
far as they help to furnish same indication of presumable intention of the
legislature.

Illustrations and examples or instances appended to a section in order to explain

the provision of the law contained in the statute.

Illustrations form a part of the section and are relevant and useful in the
construction and the elucidation of the text of the section.

They should not be rejected at first stretch as repugnant to the [Link]

illustrations cannot modify the language of the section and cannot curtail or
expand the ambit of the section they can only explain the same.

In SHAMBHUNATH MEHRA V/S STATE OF AJMER it was held that

illustrations apprehended to a section form the part of the statute and although
forming no part of a section are of relevance in values in the construction of the
text of the section but illustrations can’t have effect of modifying the language of
the section.

For example section 19 of code of Civil Procedure deals with the place of
jurisdiction in cases where the suits are for compensation for wrong to a person
or movable. Illustration attached to the section is

‘A’ residing in Delhi beats ‘B’ in Calcutta. ‘B’ may sue ‘A’ either in Calcutta or
in Delhi.

However, it is emphasised through various judgments that illustrations do not

explain the entire principle contained in the section, nor do they limit the scope
of the section.

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EXCEPTIONS

It is an act of excepting or excluding from a number designated or from a

description,it is that which is excepted or separated from others in a general rule
of [Link] exception operates to take something out of the thing granted
which would otherwise pass or be included.

Exception are generally added to an enactment with the purpose of exempting

something which would otherwise fall within the ambit of the main provision.

In case of repugnancy(inconsistency or incompatibility of statements)between

exception and the main enactment the latter must be relied [Link] in
many cases exceptions are relied being the last intention of the legislature.

In case of C.A RAJENDRA V/S UNION OF INDIA it was held that an exception
clause and is not an independent provision and it has to be strictly construed.

For ex-Section 300 of IPC has five exceptions attached to it.

There are ten exceptions added to section 499 of IPC which defines
[Link] ten exceptions are cases which does not amount to defamation.

Exceptions are included in statutes to exempt certain matters that would otherwise
fall within the scope of the main provision. The latter should be relied upon in
case of a conflict between an exception and the main enactment.

When interpreting statutes, it is crucial to consider punctuation, schedules, saving

clauses, provisos and exceptions in conjunction with other relevant factors to
determine the legislative intent and give effect to the law.

16
PROVISOS

The main and proper function of a proviso is to except and to deal with a case
which would otherwise fall within the general language of the main enactment
and its effect confined to that case.

In STATE OF PUNJAB V/S KAILASH NATH the court held that proviso had
to be read as exception to the main provision meaning that if the judicial
proceedings is not instituted within the period mentioned in the proviso then the
government will have no right to withhold or withdraw the pension and that the
proviso does not provide a general embargo on the prosecution of the officer after
the expiry of that period.

The proviso to a section has the natural presumption that enacting part of the
section would have included the subject matter of the proviso.

The proviso serves four different purposes;

*Qualify or exempt certain provision.

*Provide mandatory condition to be fulfilled to make enactment workable.

*Act as optional addenda.

*Become integral part of the enactment.

The rule of interpretation of proviso is that it can neither nullify the implication
of main enactment nor can enlarge the scope of the main enactment and can only
be referred in the case of ambiguity in the section.

In case of conflict between the main enactment and the proviso it must be
harmoniously constructed and in the view of many jurist provisos will prevail as
it is the last intention of legislature.

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SAVING CLAUSE

Saving clauses are generally appended in cases of repeal and re-enactment of

new statute it is inserted in the repealing statute.

By doing this the rights already created under repealed enactment are not
disturbed nor are the new rights created by [Link] case of the statute and the saving
clause,the saving clause will be rejected.

A saving clause is an exception of a special thing out of general things mentioned

in the statute.

In TAHSILDAR SINGH V/S STATE OF UP the court held that the true principle
is the sound interpretation and meaning of the statute,on a view of the enacting
clause,saving clause and proviso taken and construed together is to prevail.

EXPLANATIONS

An explanation is at times appended to a section to explain the meaning of the

words contained in the section it becomes a part and parcel of the enactment.

An explanation normally should be so read as to harmonise with and clear up any

ambiguity in the main section and should not be construed as to widen the ambit
of the section.

Explanations are inserted with the purpose of explaining the meaning of a

particular provision and to remove the doubts which might creep up if the
explanation has not been [Link] main purpose of inserting the explanation

18
is to provide an additional support to the dominant object of the act in order to
make it meaningful and purposeful.

In BENGAL IMMUNITY V/S STATE OF BIHAR the court observed that an

explanation is a part of the section to which it is appended and whole lot should
be read together to know the true meaning of the provision.

When a section contains a number of clauses and there is an explanation at the

end of the section it should seen as to which clause it applies and the clarification
contained in applied to that clause.

Explanation cannot do;

It cannot change the enactment or any part of it,

It cannot take away a statutory right vested in a person by the statute,

It cannot set at naught(nothing)the working of the act by becoming an obstacle in

interpretation.

For example, Section 108 of the IPC defines the word “abettor,” which has five
explanations attached.

INTERPRETATION/DEFINITION CLAUSES

It is common to find in statutes definitions of certain words and expressions used

elsewhere in the body of the statute.

The object of such a definition is to avoid the necessity of frequent reputations in

describing all the subject matter to which the word or expression so defined is
intended to apply.

19
A definition section may borrow definitions from an earlier act and definition so
borrowed need to be found in the definition section but in some other provisions
of the earlier act.

The definition of a word in the definition section may either be restrictive or of

its ordinary meaning or extensive of the same. When a word is defined to mean a
thing the word includes Sachin search the definition is extensive.

A definition may be both inclusive and exclusive that is it may include certain
things and exclude the others.A definition is not to be read in isolation but read
in the context of the phrase which it defines,realising that the function of a
definition is to give precision and certainity to a word of phrase which would
otherwise be vague and uncertain but not to contradict.

In STATE OF MAHARASHTRA V/S LABOUR LAW PRACTITIONERS

ASSOCIATION the court held that the inclusive definition of district judge in
article 236(a) the constitution has been very wide to include hierarchy of
specialised civil courts that is labour courts in industrial courts which are not
expressly included in the definition.

SECTIONS AND SUB SECTIONS

In interpretation of statute a section is a main division of a law and a sub section

is a further division within a section and they are often denoted by numbers such
as section 10,section 20.

Section is a distinct and a numbered division of legal document on statute that

deals with specific topic or a concept. Subsections provide more specific details
or the sub provisions related to the main topic which has been covered by the
section.

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In KRISHNAIH V/S STATE OF ANDHRA PRADESH the court held that the
headings of the sections cannot control the plain meaning of the words or the
provisions.

Sections and subsections are distinct part of a body of material,such as a

document or law,that are often organised by [Link] and subsections can
be one or more paragraphs long and they can help the readers understand the
material and navigate the document.

In a document sections are often used for a specific purpose or type of

[Link] can also be used to define specific rules,requirements or
exceptions within a broader context.

Section is the main context and subsection is used when there are provisions
related to the main section if it’s not related then when we use directly clause
instead of the subsection.

NON OBSTANTE CLAUSE

A non obstante clause is a provision in a statute that makes it independent of any

conflicting provisions within the same law.

The clause is derived from Latin phrase in which the meaning of non obstante
clause is not withstanding.

It is used to ensure that a specific provisions takes precedence over other clauses.

A non obstante clause is usually added to a section of the statute and states that
the subsequent provision will have its full effect or that the clause’s provision
won’t hinder the functioning of the section it appears in.

21
The clause can supersede other provisions whenever necessary as determined by
the lawmakers.

EXTERNAL AIDS

External aids to interpreting statutes are sources of information and guidance

utilised by courts and legal professionals to understand the meaning and intent
behind a particular statute. These aids are external to the statute’s text and provide
supplementary context for its interpretation.

External aids provide valuable assistance in the interpretation of statutes. They

help resolve uncertainties and fill gaps in the statutory text. The legislative
history, including committee reports, debates and statements made by lawmakers
during the drafting process, is a commonly used external aid. It provides insights
into the statute’s objectives, purpose and context, assisting in determining the
lawmakers’ intent.

Case law is another important external aid. Judicial decisions on related statutes
or similar legal issues can help understand the interpretation given by courts in
previous cases. These precedents serve as a guide for future interpretations and
contribute to the development of legal principles.

Other external aids include dictionaries, legal treatises and scholarly articles.
Dictionaries help ascertain the ordinary meaning of words used in a statute. Legal
treatises and scholarly articles provide academic analysis and expert opinions on
statutory interpretation, aiding in understanding complex legal concepts.

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DICTONARIES

When a word is not defined in the act itself,it is permissible to look into the
dictionary to find out the general sense of the word,the sense in which the word
is understood in common usage.

A word may bear various shades of [Link] of these meanings,a suitable

meaning in regard to the context in which the word is used has to be selected or
found out.

This is because it is a fundamental rule of construction that the meanings of word

and expressions used in an act must take their colour from the context in which
they appear.

Dictionaries are not the dictators of statutory construction where the mood of a
law,more emphatically the definition clause,further furnishes a different
denotation.

It is observed that a statute cannot always be construed with the dictionary in one
hand and the statute in other s regard must also be had to the context and to the
legislative history of the provision.

In STATE OF ORISSA V/S TITAGHUR PAPER MILLS [Link] it was held

that the dictionary meaning of a word cannot be looked at where that word has
been statutorily defined or judicially interpreted but where there is no such
definition or interpretation,the court may take the aid of dictionaries to ascertain
the meaning of a word in common parlance,bearing in mind that a word is used
in different sense according to its content and dictionary gives all the meanings
of a word,and the court has to therefore to select the particular meaning which is
relevant to the context in which it has to interpret that word.

23
Dictionary meaning is ruled out when word has a definite prevalent [Link]
when the legislature uses certain words which have acquired a definite meaning
over a period of time,it must be assumed that those words have been used by the
legislature in the same sense.

In EMPLOYEES STATE INSURANCE CORP V/S TATA E;ECTRIC AND

LOCOMOTIVE CO the question before the supreme court was whether the
respondents were bound to contribute monetarily under the employees state
insurance act,1948 in respect of the apprentices of the [Link] to the
dictionary meaning of the term “apprentice”,prime aim of the apprenticeship was
to impart some kind of training by the company to the apprentice under mutually
agreed terms and [Link] supreme court held that even if the apprentice is
paid some money by the company,he does not become an employee of the
company and his status remains that of a learner.

In MUNCIPAL BOARD SAHARANPUR V/S IMPERIAL TOBACCO OF

INDIA it was held that when a word is not defined in the act itself,it is permissible
to refer to dictionaries to find out the general sense in which that word is
understood in common parlance,or in other words dictionary meaning or common
parlance meaning has to be resorted to.

Where the object of the legislation is to prevent a mischief and to confer

protection on the weaker sections,the court would not hesitate in placing an
extended meaning,even a stretched one,on the word,if in doing so the statute
would succeed in attaining the object sought to be achieved.

24
TRANSLATIONS

Translating or transforming the text from one language.

Article 348 of The Constitution of India provides for compulsory use of English
language in all proceeding and authoritative text(eg, bills, Acts, orders etc) of HC
& SC .

Article 348(3) provides that, where the Legislature of a State has prescribed any
language other than the English language, then, a translation of the same in the
English language published under the authority of the Governor of the State in
the Official Gazette of that State shall be deemed to be the authoritative text
thereof in the English language under this article.

58th amendment of Constitution (1987) introduced Article 394(A) which provides

for publication of the translation of the Constitution in Hindi language. Also,
translation in Hindi be considered to have the same meaning as that of the original
text in English language and this Hindi translation of Constitution shall be
authoritative for all purpose. And, if any difficulty arises in so construing any part
of such translation, the President shall cause the same to be revised suitably.

TRAVAUX PREPARATIORES

Travaux Preparatoires is a french term meaning preparatory works. It includes all

the materials used in the preparation of a statute. It constitutes legislative history,
reports of committees, debates at the time of drafting.

It acts as a secondary form of interpretation which can be used to clarify the

intention of the [Link] put, it consists of records of negotiations before
the conclusion of a treaty.

25
It has been suggested that it can be used in every case of interpretation. While
there are several internal aids and mechanism for interpretation of a statute
available, but the need of external aid; Travaux Preparatories comes into play in
certain strenuous circumstances, when internal aids breaks down. External aids
are useful for finding the true object, meaning and character of the provision or a
phrase or a word.

Travaux Preparatories majorly comprises of the Parliamentary History, official

records of negotiations, reports of selection committee, speeches and surrounding
circumstances, speeches made in the course of debate on the bill etc.

STATUTES IN PARI MATERIA

The statute has to be read as a whole and the words therein are to be understood
in their [Link] is the main rule and as an extension of this rule of context,it
is permitted to refer to other statutes in para [Link] in para materia
means statutes dealing with the same subject matter or forming part of the same
[Link] rule of reading the statute as the whole,when extended in its
application,permits the reference to other statutes in para materia.

It is a rule of construction that courts may follow decisions about similar

provisions contained in enactments in para [Link] object behind this rule is
to avoid contradiction between two statutes dealing with the same [Link]
where two statutes are not in para materia the rule does not apply.

In BABU KHAN V/S NAZIM KHAN it was held that the court while construing
provision of an enactment,often follows the decisions by the courts construing
similar provision of an enactment in para materia but in the babu khan case it is
clear that the Madhya Bharat land revenue and tenancy act 1950 contains one
integrated scheme providing for remedy to a pucca tenant(pucca refers to a
structure that is built to be permanent and solid,and is made from materials like
26
stone,brick,concrete and timber) claiming restoration of possession under section
91 and 93 of the act.

MERITS OF STATUTES IN PARI MATERIA

*Use of later statute-The rule facilitates the use of later statute as exposition of
the meaning of an ambiguous expression.

*Use of earlier statute-By this rule,it is allowed to make use of an earlier statute
to throw light on the meaning of a phrase used in a later statute in the same
context.

*Contradiction avoided-The rule avoids contradiction between a series of statutes

dealing with the same subject.

*Presumption-It permits to raise a presumption,in the absence of any context

showing a contrary intention,that the same meaning attaches to the same words
in a later statute,as in an earlier statute,if the words are used in similar connection
in two [Link],this presumption is rebuttable because it does not
necessarily follow that the same words used in two provisions must carry the
same meaning.

Legislatures sometimes take a shortcut and try to reduce the length of statutes by
omitting elaborate provisions where such provisions have already been enacted
earlier and can be adopted for the purpose on hand.

In STATE OF MADRAS V/S [Link] AIYER it was held at Section

4 of the prevention of corruption act 1947 which direct that on proof that the
accused has accepted any gratification other than the legal remuneration,it shall
be presumed unless the contrary is established by the accused that the
gratification was accepted as a bribe has been held to be in Para materia with the
subject matter dealt with by Indian Evidence Act [Link] definition of the
27
expression “shall presume” in the Evidence Act has been utilised to construe the
words itself be presumed in Section 4 of the prevention of corruption act 1947.

CONTEMPORANEA EXPOSITO

Contemporanea exposito means the effect of usage and practice means that words
of a statute will generally be understood in the sense which they bore when it was
passed.

The principle of contemporanea exposito is not applicable to modern [Link]

doctrine is confined to the construction of ambiguous language and used in very
old statues were indeed the language itself header either different meaning in
those [Link] principle of contemporanea exposito cannot be said to have
universal [Link] case must be considered on its own facts.

An executive construction is entitled to respect but is not beyond the pale of

judicial review. Executive construction is ordinarily allowed to prevail and shall
be binding on the authorities under this act.

Earlier the Supreme Court refuses to apply the principle of contemporary

expositive to the Telegraph act 1885 and the Evidence Act 1872 but it was
referred to in the case of RS NAYAK V/S A.R ANTULAY in construing section
21 of the Indian Penal Code 1860 and it was held at an MLA is not a public
servant is this expression is defined there in.

In SUPREME COURT ADVOCATES ON RECORD ASSOCIATION V/S

UNION OF INDIA the Supreme Court also referred to the actual practice in the
matter of appointment of judges of Supreme Court and high courts in context of
interpreting article 74 and 124 of the constitution and observed at the practice
being in conformity with the constitutional scheme should be accorded legal
sanction by permissible constitutional interpretation.

28
Uniform and consistent departmental practice arising out of construction placed
upon an ambiguous statute by the highest executive officers at or near the time of
its enactment and continuing for a long period of time is an admissible aid to the
proper construction of the statue by the court and would not be disregarded except
for cogent reasons.

The controlling effect of this aid, which is known as the “executive construction”
would depend upon various factors such as the length of time for which it is
followed,the nature of rights and property affected by it,the injustice resulting
from its departure and the approval that it has received in judicial decisions or in
legislation.

The principle of contemporanea exposito is not decisive or controlling, it has only

persuasive [Link] the occasion arises,such interpretation may be even
disregarded and in a clear case of error court would without hesitation refuse to
follow such [Link] reliance on the notings in the file not to interpret
the notifications in question but to declare them as dead is not permissible.

DEBATES

Debates at the time of introduction of bill may be used as external aids in

[Link] is a settled position that there can be only limited use of debates.
Court should not normally critically analyse the proceedings of [Link]
interpreting the term “prosecution” under Income Tax Act minister’s speech at
the time of introduction of bill has been taken into consideration.

In INDIRA SAWHNEY V/S UNION OF INDIA, it was observed at the

constituent assembly debates are external aids they are not conclusive for
interpretation of any expression the court cannot ignore the present by going into
the past.

29
It shall compromises all such debate which had taken place in the parliament at
the time of formation of Constitution of [Link] case of inconsistency or
repugnancy in the Constitution the court can clearly refer to such debates.

It is referred as to debates or speeches which are made in the course of passing a

bill in the parliament by the parliamentarians to put forth their view. It is not
considered as a conclusive aid to interpretation and is therefore, not admissible
because many times speeches are influenced by the political pressure or maybe
incorrect to rely upon.

In order to get accent of the parliamentary majority, there are various stages
through which a bill in the parliament needs to pass through before it becomes an
act. These stages consist of a huge support and criticism which is delivered by
various legislative authors. The speeches delivered by the legislative authors are
the good and reliable source of external aid to interpretation of statute.

INQUIRY COMMISSION REPORTS LAW COMMISSION

REPORTS

Before a bill is framed and introduced in the legislature, the matter of the bill is
often referred to the Law Commission or committees for getting with a view to
ascertain their observation and suggestions on the matter which is to be
introduced in the legislature in the form of a bill. The commission or committee
on such reference conduct a critical examination or a detailed study of the matter
and subsequently give their report on that particular matter.

These reports may act as a great source to for the courts to ascertain the true
meaning of the provision or a phrase of a statute which is in question before such
court. The courts often refer to the commissions’ report in the case there is a
confusion or ambiguity in the meaning of a provision of an Statute.

30
In the case of MITHILESH KUMARI V/SPREM BIHARI KHARE the report of
the Law Commission preceding the enactment of the Benami Transaction
(Prohibition) Act, 1988 was referred to and relied upon. It was observed that
where a particular enactment or amendment is the result of the recommendation
of the Law Commission of India, it may be permissible to refer to the relevant
provision”.

In PREMLATA SHARMA V/S BHAGWAT PRASAD SHARMA it

was held that the court can look into recommendations of the law
commission while interpreting a provision which has been amended on
its basis.

A commission may be appointed by the parliament to inquire into the

mischief or defects for which the parliament wants to enact the law.

For ex-TOPA section 53-A was inserted on the basis of

recommendation of special committee set up by government of India
to provide the protection to a transferee.

In DEENA V/S UNION OF INDIA the supreme court referred several

reports of commissions and opinions and relied upon while discussing
that death by hanging was not violative of article 12.

31
DIFFERENCE BETWEEN INTERPRETATION AND
CONSTRUCTION

Interpretation Construction
Interpretation is the process of Construction is the process of using the legal
ascertaining the true meaning of the text to draw conclusions that go beyond its plain
words and the Purpose of the legislation language to solve Inconsistencies
Interpretation may be performed when a Construction may occur when the language and
certain term or phrase in law has an the meaning attached to specific phrases in the
unambiguous meaning, laws are unclear and ambiguous.
The process of interpretation identifies
the methods that can be used to interpret Construction intends to bring it to a conclusion.
any statute.
Interpretation is used to determine the The legal impact of the legislative text can be
linguistic meaning of a legal text. ascertained through construction.
Construction works to create standards to
Ambiguity is removed by interpretation.
overcome ambiguity
It is necessary to complete construction as a
A legal text can be partially interpreted.
whole.
Interpretation can be seen as a broad form Construction is almost like an interpretation in
of construction which the words are considered

32
DIFFERENCE BETWEEN PRIMARY AND SECONDARY
RULES OF INTERPRETATION

PRIMARY RULES:-The fundamental principle of interpretation is to assign

words their natural,original and precise meaning provided that the words are clear
and take into account the purpose of the statute this rule states that the provision
should be examined in their literal sense and given their natural effect.

SECONDARY RULES:- secondary rules of interpretation or principles that help

determine the meaning of statutes and the intention of the legislature they are
applied in specific contexts after primary rules do not fulfil the requirements.

PRIMARY RULES

LITERAL RULE

It is the first rule of interpretation. According to this rule, the words used in this
text are to be given or interpreted in their natural or ordinary meaning. After the
interpretation, if the meaning is completely clear and unambiguous then the effect
shall be given to a provision of a statute regardless of what may be the
consequences.

The basic rule is that whatever the intention legislature had while making any
provision it has been expressed through words and thus, are to be interpreted
according to the rules of grammar. It is the safest rule of interpretation of statutes
because the intention of the legislature is deduced from the words and the
language used.

33
According to this rule, the only duty of the court is to give effect if the language
of the statute is plain and has no business to look into the consequences which
might arise. The only obligation of the court is to expound the law as it is and if
any harsh consequences arise then the remedy for it shall be sought and looked
out by the legislature.

In MAQBOOL HUSSAIN V. STATE OF BOMBAY, the appellant, a citizen of

India after arriving at the airport did not declare that he was carrying gold with
him. During his search was carried on, gold was found in his possession as it was
against the notification of the government and was confiscated under section
167(8) of Sea Customs Act.

Later on, he was also charged under section 8 of the Foreign Exchange
Regulations Act, 1947. The appellant challenged this trial to be violative
under Article 20(2) of the Indian Constitution. According to this article, no
person shall be punished or prosecuted more than once for the same offence. This
is considered as double jeopardy.

It was held by the court that the Seas Act neither a court nor any judicial tribunal.
Thus, accordingly, he was not prosecuted earlier. Hence, his trial was held to be
valid.

In STATE OF KERALA V. MATHAI VERGHESE AND OTHERS in this case

a person was caught along with the counterfeit currency “dollars” and he was
charged under section 120B, 498A, 498C and 420 read with section 511 and 34
of Indian Penal Code for possessing counterfeit currency. The accused contended
before the court that a charge under section 498A and 498B of Indian Penal Code
can only be levied in the case of counterfeiting of Indian currency notes and not
in the case of counterfeiting of foreign currency notes. The court held that the

34
word currency notes or bank note cannot be prefixed. The person was held liable
to be charge-sheeted.

GOLDEN RULE

It is known as the golden rule because it solves all the problems of interpretation.
The rule says that to start with we shall go by the literal rule, however, if the
interpretation given through the literal rule leads to some or any kind of
ambiguity, injustice, inconvenience, hardship, inequity, then in all such events
the literal meaning shall be discarded and interpretation shall be done in such a
manner that the purpose of the legislation is fulfilled.

The literal rule follows the concept of interpreting the natural meaning of the
words used in the statute. But if interpreting natural meaning leads to any sought
of repugnance, absurdity or hardship, then the court must modify the meaning to
the extent of injustice or absurdity caused and no further to prevent the
consequence.

This rule suggests that the consequences and effects of interpretation deserve a
lot more important because they are the clues of the true meaning of the words
used by the legislature and its intention. At times, while applying this rule, the
interpretation done may entirely be opposite of the literal rule, but it shall be
justified because of the golden rule. The presumption here is that the legislature
does not intend certain objects. Thus, any such interpretation which leads to
unintended objects shall be rejected.

Whenever there is a shadow of scepticism casted on the grammatical construction

of any law then in such circumstances, the golden rule of interpretation can be
applied on the law in order to apply it to the facts in a legal dispute. The external
manifestation of the underlying law which is interpreted from reading between
the lines projects the true intent of the legislature for which the golden rule is
35
used. By taking into consideration the consequences of the judgement, the judges
have the discretion to interpret the law in a rational manner.

*WARBURTON’S CASE

Explaining the principle underlying the Golden rule, Justice Burton in the case
of WARBURTON V/S LOVELAND observed that in the very first instance of
application of law the grammatical sense of the wordings of law must be paid
heed. But if there is involvement of any absurdity, inconsistency, or is against the
declared purpose of the statute then in such circumstance, the grammatical sense
of the law can be modified or interpreted so far as there is no injustice caused to
the parties of the case. Even though the elementary rule of interpreting the words
as it is in their grammatical sense has been upheld by the courts in numerous cases
like MADAN LAL V/S CHANGDEO SUGAR MILLS, the courts should still be
open to various interpretations of the law so that no injustice is caused. This well-
known rule was strictly formulated by Parke B. in the case of BECKE V/S
SMITH wherein it was held that, the wordings of the law which are unambiguous
and plain nature should be construed in their regular sense even though, if in their
assessment it is absurd or promotes injustice. We assume the function of the
legislature when we deviate from the ordinary meaning of the statute due to which
from the adherence to its literal meaning we prevent the manifestation of
injustice.

In TIRATH SINGH V/S BACHITTAR SINGH In this case, there was an issue
with regard to issuing of the notice under section 99 of Representation of
People’s Act, 1951, with regard to corrupt practices involved in the election.

According to the rule, the notice shall be issued to all those persons who are a
party to the election petition and at the same time to those who are not a party to
it. Tirath Singh contended that no such notice was issued to him under the said

36
provision. The notices were only issued to those who were non-parties to the
election petition. This was challenged to be invalid on this particular ground.

The court held that what is contemplated is giving of the information and the
information even if it is given twice remains the same. The party to the petition
is already having the notice regarding the petition, therefore, section 99 shall be
so interpreted by applying the golden rule that notice is required against non-
parties only.

In STATE OF MADHYA PRADESH V. AZAD BHARAT FINANCIAL

COMPANY it was held that a transporting company was carrying a parcel of
apples was challenged and charge-sheeted. The truck of the transporting
company was impounded as the parcel contained opium along with the apples.
At the same time, the invoice shown for the transport consisted of apples only.

Section 11 of the opium act 1878, all the vehicles which transport the contraband
articles shall be impounded and articles shall be confiscated. It was confiscated
by the transport company that they were unaware of the fact that opium was
loaded along with the apples in the truck.

The court held that although the words contained in section 11 of the said act
provided that the vehicle shall be confiscated but by applying the literal rule of
interpretation for this provision it is leading to injustice and inequity and
therefore, this interpretation shall be avoided. The words ‘shall be confiscated’
should be interpreted as ‘may be confiscated’.

RULE OF HARMONIOUS CONSTRUCTION

According to this rule of interpretation, when two or more provisions of the same
statute are repugnant to each other, then in such a situation the court, if possible,
will try to construe the provisions in such a manner as to give effect to both the

37
provisions by maintaining harmony between the two. The question that the two
provisions of the same statute are overlapping or mutually exclusive may be
difficult to determine.

The legislature clarifies its intention through the words used in the provision of
the statute. So, here the basic principle of harmonious construction is that the
legislature could not have tried to contradict itself. In the cases of interpretation
of the Constitution, the rule of harmonious construction is applied many times.

It can be assumed that if the legislature has intended to give something by one, it
would not intend to take it away with the other hand as both the provisions have
been framed by the legislature and absorbed the equal force of law. One provision
of the same act cannot make the other provision useless. Thus, in no
circumstances, the legislature can be expected to contradict itself.

In ISHWARI KHAITAN SUGAR MILLS V. STATE OF UTTAR

PRADESH, in this case, the State Government proposed to acquire sugar
industries under U.P Sugar Undertakings (Acquisition) Act, 1971. This was
challenged on the ground that these sugar industries were declared to be a
controlled one by the union under Industries (Development and Regulation) Act,
1951. And accordingly, the state did not have the power of acquisition of
requisition of property which was under the control of the union. The Supreme
Court held that the power of acquisition was not occupied by Industries
(Development and Regulation) Act, 1951. The state had a separate power under
Entry 42 List III.

In M.S.M SHARMA V. KRISHNA SINHA it was held that Article 19(1)(a) of

the Constitution provides for freedom of speech and expression. Article
194(3) provides to the Parliament for punishing for its contempt and it is known
as the Parliamentary Privilege. In this case, an editor of a newspaper published

38
the word -for- word record of the proceedings of the Parliament including those
portions which were expunged from the record. He was called for the breach of
parliamentary privilege.

He contended that he had a fundamental right to speech and expression. It was

held by the court that article 19(1)(a) itself talks about reasonable freedom and
therefore freedom of speech and expression shall pertain only to those portions
which have not been expunged on the record but not beyond that.

SECONDARY RULES

NOSCITUR A SOCIIS

Noscitur a sociis is a legal principle that means we should understand the meaning
of a vague or unclear word in a contract or law by looking at the other words
around it.

In simple terms, when we read a law or contract, we should think about how each
word fits into the whole sentence and not just what it means by itself. This helps
us make sure we understand the true intention of the law or contract.

Every word in a sentence has two things to consider: its actual meaning
(denotation) and how it fits into the sentence (connotation). Both of these things
are important when we use the rule of noscitur a sociis to figure out what a word
means in a law or contract.

This rule is like a helper rule for understanding the law. It comes from Latin
words: “noscitur” means knowing, “a” means with and “socii” means association.
So, noscitur a sociis means “knowing with association.” There’s also a longer
Latin saying: “noscitur ex socio qui non cogiiositur ex se,” which means “he who
cannot be known from himself may be known from his associates.” This longer

39
saying means that sometimes you can understand someone better by looking at
who they associate with.

The rule of noscitur a sociis is used when a word or phrase in a law can’t be
understood on its own. You need to consider the words around it to get the full
meaning.

In STATE OF BOMBAY V/S HOSPITAL MAZDOOR SABHA it was held that

the Supreme Court rejected the application of the rule, but it examined its scope.
The judgment clarified that the noscitur a sociis rule is a tool for interpreting laws.
It cannot be used when the legislative intent is clear – that is, when lawmakers
intentionally use broad and unambiguous language. The judgment also outlined
the rule’s scope, stating that it can be employed when the legislative intent is
unclear because it associates broad words with those of narrower meaning.

In the case PARDEEP AGARBATTI, LUDHIANA V/S STATE OF PUNJAB

AND ORS it was held that the Court stated that when articles are grouped together
in the Schedules, they should be interpreted together. Each item in the grouped
entry is associated with others and draws meaning from the context. If there were
no such associations to be interpreted, the legislature wouldn’t have grouped
those items together.

SCOPE OF RULE OF NOSCITUR A SOCIIS

*Statutory Interpretation:-“Noscitur a sociis” is commonly employed when

interpreting statutes or laws. It helps clarify the intended meaning of a specific
word or phrase within a statute by considering the context of other words and
phrases used in the same section or provision.

*Contractual Interpretation:-While primarily used in statutory interpretation, this

principle can also be applied to contracts. When a term in a contract is unclear,

40
examining the other terms and the overall context of the agreement can help
determine its meaning.

*Ambiguity Resolution:-The principle is particularly useful when dealing with

ambiguity. If a word or phrase can be reasonably interpreted in multiple ways,
considering its association with other words or phrases can provide clarity.

*Legislative Intent:-“Noscitur a sociis” assists in discerning the legislative or

contractual intent. By looking at how a word is used alongside others, it helps
ensure that the interpretation aligns with the broader purpose and objectives of
the legal document.

*Avoiding Absurd or Unintended Outcomes:-Applying this principle can prevent

absurd or unintended outcomes in legal interpretations. It helps ensure that a
word’s meaning is consistent with the surrounding language and avoids
interpretations that would lead to illogical or unreasonable results.

EJUSDEM GENERIS

This doctrine is applied when there are some specified words which are been
followed by the general words. If there is any ambiguity in the meaning of the
general words then this doctrine is applied. This doctrine provides that the general
words which follow the specified words will be restricts to the same class of the
specified words. This is very important doctrine through which the purpose or the
objectives of the statute can be achieved and a proper justice can be given.

The Doctrine of Ejusdem Generis is a canon of interpretation, which is used by

the Courts for providing the Justice, by interpreting according to the intention of

41
the legislation so as to make the provision of legislation clear and unambiguous
and thus fulfilling the purpose of the legislation.

OBJECTIVES

*To understand the meaning of the statutory interpretation.

*To understand the meaning of “Ejusdem Generis”.

*To study the applicability and the non-applicability of the doctrine of Ejusdem
Generis.

*To study the cases where this doctrine were applied and where not.

*To examine whether the Courts are using this doctrine in a proper manner or
not.

NEED FOR THE DOCTRINE OF EJUSDEM GENERIS

*There is ambiguity in the language of the provisions of statutes, or

*When in the provision, there is a possibility of two views, or

*The meaning which the provision of a statute gives, defeats the purpose of the
statute.

ESSENTIAL CONDITIONS FOR THE APPLICATION

*The statute contains an enumeration of specific words,

*The subjects of enumeration constitute a class or category;

*That class or category is not exhausted by the enumeration;

*The general terms follow the enumeration; and

42
*There is no indication of a different legislative intent.”

For the application of the rule of Ejusdem Generis, there should be an intention
of the legislation for the same. Meaning that when the specific words were
forming a genus or a class, followed by a general word and it can be seen that the
intention of the legislation was there to restrict the general words to include the
thing of same class as that of specific words. Hence, it is necessary that there was
a clear intention of the legislation for interpretation its provision through doctrine
of ejusdem generis.

In SIDDESHWARI COTTON MILLS LTD V/S UNION OF INDIA it was held

that general words ‘any other process’ under section 2(f) of the Central Excise &
Salt Act, 1944 read with Notification Number 230 and 231 dated 15-07-1977.
This general word followed the specific words which were “bleaching,
mercerizing, dyeing, printing, water-proofing, rubberizing, shrink-proofing,
organic processing”. The Court here by applying the doctrine of ejusdem generis
held that “the specific words form a class of process which is importing a change
which is of lasting nature. And therefore ‘any other word’ must share one or any
other of that process/incident”.

The application of doctrine of ejusdem generis must be done very cautiously. As

by using this rule there is a departure from the natural meaning of the words so
that those meaning can be given to them which the legislation had intended so as
to fulfill its purpose.

There are many instances where the Courts have improperly used the rule of
Ejusdem Generis, even when it cannot be applied in those cases. Even when there
was no distinct genus of specified words or when genus of specified words were
been exhausted or when only one words was there before general words, the rule
of Ejusdem Generis were been applied by the Courts. The Courts also applied this

43
rule in some cases where there was no legislative intent to restrict the wider
meaning of the general term.

The Courts by improperly using the rule of Ejusdem Generis, changes the whole
meaning of the provision and thus defeat the purpose of the Act, as to the intent
of the legislation. This results in miscarriage of Justice.

REDDENDO SINGULA SINGULIS

Reddendo Singula Singulis is a Latin term meaning "referring each to each". In

statutory interpretation, it refers to a rule of construction whereby words and
phrases are read in context and matched to the words or phrases they modify or
refer to.

The Latin words "reddendo" (referring), "singula" (each), and "singulis" (to each)
form the basis of the term. When applied to statutory analysis, Reddendo Singula
Singulis means that qualifying or limiting words and phrases should be applied
only to the words or phrases they modify, and not to others.

This rule of interpretation provides guidance in deciphering the precise meaning

of statutes by matching associated words and phrases together based on proximity
and context. It aids judges and lawyers in avoiding illogical or absurd
misinterpretations.

44
When analyzing a statute, Reddendo Singula Singulis provides guidance to
properly match modifiers and qualifiers to the appropriate associated words or
phrases they are meant to refer to based on context, proximity, and logic.

Rather than applying a limiting phrase haphazardly to all potential referents, the
principle instructs judges and lawyers to meticulously match modifiers to their
intended references to derive the most harmonious and sensible interpretation
according to the drafters' intent.

Thoughtful application of Reddendo Singula Singulis removes ambiguity and

brings precision to statutory analysis. It serves as an invaluable aid for courts
seeking the true meaning of laws.

The core idea is that when interpreting a statute or legal document, words and
phrases should be read in context and matched to their appropriate referents based
on grammar and logic.

Sometimes, courts determine that strictly following the parallelism of Reddendo

Singula Singulis does not serve legislative intent or lead to reasonable outcomes.
Judges may decide an exception is warranted based on precedent, public policy,
equity or other legal doctrines and theories.

Additionally, specific language within a statute itself may alter or override

Reddendo Singula Singulis. Legislative drafters can include clarifying
statements, definitions or other caveats that modify the general grammatical
linkage. This demonstrates how essential precision in legal writing is. Small
specifics can make meaningful differences.

Overall, Reddendo Singula Singulis aims to provide a logical baseline for

interpretation according to sentence structure. But courts retain discretion to
depart from its framework if following procedural grammar would undermine

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substantive justice. This maxim provides guidance but does not absolutely control
outcomes.

PRESUMPTIONS IN STATUTORY INTERPRETATION.

A conclusion made based on a set of facts, logic, reasoning, and relevant laws.A
rule that allows a court to assume a fact is true unless evidence proves
otherwise.A legal inference that must be made in light of certain facts.

For example, a criminal defendant is presumed innocent until proven guilty

beyond a reasonable doubt.

The interpretation of statutes is guided by several presumptions that help maintain

the rule of law and ensure justice. These presumptions of statutory interpretation
play a crucial role in understanding the legislative intent behind the enactment of
statutes.

Presumption of fact is based on logic, in connection with other facts. Whereas,

Presumption of law is based on provisions of law. The position of Presumption
of fact is uncertain, so we can say that, the court can ignore presumption of
fact The position of Presumption of law is certain, so we can say that, the court
cannot ignore presumption law.

The Court can exercise its discretion while drawing presumptions of fact i.e.
presumption of facts is discretionary presumption. Presumption of law is
mandatory i.e. Court is bound to draw presumption of law.

Presumptions are sometimes categorized into two types: presumptions without

basic facts, and presumptions with basic facts. An example of
presumption without basic fact is presumption of innocence. An example of
presumption with basic facts is the law says if a person has been missing for seven
years or more (basic fact), that person is presumed dead.
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STATUTES ARE VALID

In legal interpretation, there is a presumption that statutes are valid and do not
violate the Constitution. Laws enacted by the Parliament, State legislatures or
their subordinate bodies should adhere to constitutional boundaries and not
contradict the provisions and spirit of the Constitution. When faced with two
possible interpretations, one that upholds the constitutionality of the statute and
another that renders it void, the interpretation that preserves the constitutionality
of the law should be followed.

There is a presumption in favour of the constitutionality of an enacted law. If

someone claims that a law is unconstitutional, they must demonstrate a violation
of constitutional boundaries. When the validity of a statute passed by a competent
legislature is challenged, the court assumes its validity.

However, if the law appears arbitrary and discriminatory, the presumption of

constitutionality cannot be upheld. In cases of doubt regarding the constitutional
validity of a law, the benefit of the doubt should lean towards its constitutionality.
The court should assume that the legislature acted intentionally and expressed its
intention appropriately in the law. Every word used by the legislature carries
significance and unless it is proven that the legislation has crossed constitutional
limits, it is presumed to be constitutionally valid.

In the case of GOVINDLALJI V/S STATE OF RAJASTHAN, the constitutional

validity of the “Rajasthan Nathdwara Temple Act” was brought into question.
The interpretation of Section 16 of the Act was a key issue. The words “affairs of
temple” in that section were construed narrowly to refer only to secular matters,
ensuring its constitutionality. If a broader interpretation had been given to Section

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16, it would have violated Articles 25 and 26 of the Constitution, which guarantee
the freedom of religion and the right to manage religious affairs.

STATUTES ARE TERRITORIAL IN NATURE

The general principle regarding acts of parliament is that they are applicable
within the territories of the country in which they are enacted unless stated
otherwise. Statutes passed by parliament are binding within the boundaries of the
country and do not have extra-territorial operation.

However, Article 245(2) of the Constitution of India provides that no act made
by parliament shall be deemed invalid on the ground of having extra-territorial
operation. Courts are obligated to enforce such legislation.

For instance, the Indian Penal Code, 1860, has extra-territorial application.
Section 3 states that any person bound by Indian law who commits an offence
outside India shall be tried in India as if the offence was committed within the
country. Section 4 further extends the application of the IPC to offences
committed by Indian citizens in any place outside India or by any person on a
ship or aircraft registered in India, regardless of its location in the world.

State legislatures in India have the power to enact laws for the entire state or any
specific part of the state. These laws are applicable only within the territory of
that particular state and do not have extra-territorial operations.

To establish a territorial connection, two factors must be considered:

* The territorial connection should be real and factual, rather than illusory.

* The liability under the Act being enforced must be related to that territorial
connection only.

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In the case of AJAY AGARWAL V/S UNION OF INDIA, the Supreme
Court ruled that the offence of criminal conspiracy is considered a continuing
offence. As a result, it does not matter where the acts constituting the conspiracy
are committed, whether in Dubai or Chandigarh. The offence can be tried in India
under Section 4 of the Indian Penal Code (IPC), which provides for the
extraterritorial application of the IPC.

PRESUMPTION AS TO JURISDICTION

Here is a presumption in statutory interpretation that an interpretation of a statute

that restricts or takes away the jurisdiction of the courts should not be given effect
unless the words of the statute clearly and explicitly provide for it.

In both civil and criminal cases, there is a strong presumption that civil courts
have jurisdiction over matters of a civil nature. The exclusion of the jurisdiction
of civil courts should not be readily inferred. This presumption is based on the
principle that courts should be accessible to all seeking justice and that the
existing state of the law should be maintained.

Unless the legislature clearly and expressly ousts the jurisdiction of the courts or
it can be inferred by necessary implication, the courts should be presumed to have
jurisdiction. Statutes should be construed in a manner that avoids taking away the
jurisdiction of superior courts or extending jurisdiction through the right to
appeal.

Statutes that confer jurisdiction on subordinate courts, tribunals or government

agencies should be strictly construed. Unless the construction of an act clearly
indicates the intention of the legislature to oust the jurisdiction of the courts, the
jurisdiction of ordinary courts of judicature is not taken away. When jurisdiction
is conferred by a statute, it is implied that the act also grants the power to perform
all acts necessary for its execution.
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Special powers granted by an act must be limited to the purpose for which they
are granted. The power of control by superior courts cannot be taken away unless
expressly provided by the statute. In the absence of clear statutory provisions, it
is presumed that new jurisdiction is not created or existing jurisdiction is not
enlarged.

Since legislation grants jurisdiction to the courts, only legislation can take away
that jurisdiction. If an interpretation of an act allows for two constructions, one
giving jurisdiction to the court and the other taking it away, the construction that
grants jurisdiction to the court should prevail. Parties to a dispute cannot, by
mutual consent, create or take away jurisdiction from the court where their
dispute can be adjudicated.

There is a general presumption that civil courts have jurisdiction to hear all civil
matters. The exclusion of civil jurisdiction must be expressed in clear terms or by
necessary implication. The general rule is that courts have jurisdiction over civil
matters and the burden of proof lies on the party alleging the exclusion of civil
jurisdiction. In cases where the jurisdiction of courts is excluded, civil courts have
the power to examine whether the provisions of the statute have been complied
with and whether the prescribed legal procedures have been followed by tribunals
established by the statute.

Non-compliance with the statute or procedural requirements can be challenged in

a court of law. This principle is based on the presumption that an aggrieved person
should always have recourse to ordinary civil courts, in addition to any remedies
provided by the statute, unless expressly excluded by the language of the statute
or necessary implication.

In the case of BHIMSI V/S DUNDAPPA, the Supreme Court held that if a
revenue court is granted exclusive jurisdiction to try certain matters and the

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jurisdiction of the civil court is completely excluded, then the civil court should
transfer those matters to be tried and decide by the revenue court alone.

PRESUMPTION AGAINST INTENDING JUSTICE

Whenever the language of the statute is capable of two constructions in which

one would lead to injustice, then the Courts are of the view that such an
interpretation could not have been intended by the legislature, unless such an
intention is clearly expressed in the plain language.

The possibility of intending injustice in a construction should be real one and not
hypothetical. If the possible injustice is purely hypothetical, then the Courts
should not give that construction.

According to Maxwell “Where the language of the statute, in its ordinary meaning
and grammatical construction, leads to manifest contradiction of the apparent
purpose of the enactment, or to some inconvenience or absurdity, hardship or
injustice, presumably not intended, a construction may be put upon it which
modifies the meaning of the words, and even the structure of the sentence”.

PRESUMPTION AS TO WHAT IS INCONVENIENT OR ABSURD

While determining the general object of the legislature, or the meaning of the
language in any of the paragraphs of the Act, the construction which appears to
be most in accord with the convenience, justice, and reason, shall be presumed to
be the true intention.

The cardinal(chief/important) rule of interpretation of statutes is to construe its

provisions literally and grammatically giving the words their ordinary and natural
meaning. It is only when such construction leads to an obvious absurdity which

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the legislature cannot be supposed to have intended, that the Court may introduce
words to give effect to the true intention of the legislature.

PROSPECTIVE OPERATION OF STATUTES

The term “prospective” with reference to statutes refers to the application of laws
in the future or from the date of commencement of the statute, as indicated by its
dictionary meaning. In the Indian context, the Doctrine of Prospective
Overruling was first introduced by the Supreme Court in the case of I.C. Golak
Nath v. State of Punjab (A.I.R. 1967 SC 1643). In this case, the Supreme Court
held that the Parliament did not have the power to amend fundamental rights.

Therefore, according to the court’s interpretation, the state was not authorized to
make any constitutional amendment that would curtail or diminish fundamental
rights. The court declared that this principle would only apply prospectively,
meaning it would have no retrospective effect. This concept came to be known as
“prospective overruling.”

As a result of this decision, all amendments made to the fundamental rights prior
to the court’s ruling remained valid and effective. However, after the date of the
decision, the Parliament would no longer have the power to amend any of the
fundamental rights enshrined in Part III of the Constitution.

Penal statutes generally have prospective operation and Article 20 of the

Constitution of India restricts the retrospective operation of such statutes.
According to Article 20, an act that was legal when it was committed cannot be
made illegal by the enactment of a new statute.

In GRAMMA V/S VEERUPANA, it was observed that Section 8 of “The Hindu

Succession Act, 1956” applies to the devolution of property of a Hindu male who
dies intestate. The Supreme Court ruled that the Act is not applicable to

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successions that occurred before the Act came into operation, which means it has
only prospective operation. In other words, the Act does not have retroactive
effect on successions that took place prior to 1956.

Procedural statutes, also known as adjunctive statutes, do not establish or confer

new rights. They pertain to procedural matters and are generally presumed to have
retrospective operation, meaning they can apply to matters that occurred before
the enactment of the statute.

MAXIMS

DELEGATUS NON POTEST DELEGARE

The outcome is that the method of Delegated Legislation is so generally utilized

in current occasions as a procedure of government that there is no rule gone by
the Legislature which does not Delegate some intensity of enactment to the
Executive. It is additionally said that Delegated Legislation is multitudinous to
the point that any rule won’t just be deficient yet, in addition, be deluding except
if it be perused alongside the appointed enactment which enhances and changes
it.

Delegated Legislation is used in two senses. In one sense Delegated Legislation

refers to the exercise of power of rule-making delegated to the Executive by the
Legislature. In the other sense, it means the output of the exercise of that power.
In the first sense, it means that the authority making the legislation is subordinate
to the legislature.

The legislative powers are exercised by an authority other than the legislature in
the exercise of powers delegated or conferred on them by the legislature itself.
This is also known as “Subordinate Legislation” because the powers of the

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authority which makes it is limited by the statute which conferred power and
consequently it is valid if at all it is kept within those limits.

In the second sense, Delegated Legislation refers to all law-making which is

generally expressed as rules, regulations, bye-laws, orders, schemes, directions,
circulars or notifications etc.

Generally, Delegated Legislation means the law made by the Executive under the
powers delegated to it by the Legislature.

FACTORS LEADING TO THE GROWTH OF DELEGATED LEGISLATION

*Pressure Upon Parliamentary Time:-As there is a marvellous increment in the

functions of the state, the main part of enactment is great to the point that it isn’t
feasible for the council to dedicate adequate time to examine every one of the
issues in detail. Accordingly, the governing body passes skeleton enactment
containing general approach and enables the executive to fill in the subtleties in
this way giving fragile living creature and blood to the skeleton with the goal that
it might live by making vital guidelines, guidelines, bye-laws and so forth.

*Technicality:-Sometimes the topic of enactment is of a specialized sort and

requires meeting of specialists. Individuals from Parliament might be best
legislators however they are not specialists to manage very specialized issues
which are required to be taken care of by specialists. In such cases, the
administrative power might be appointed to specialists to manage the specialized
issues. Enactment concerning nuclear vitality, atomic vitality, gas, medications
or power might be cited as delineations of such details. Some things are best
handled by people who have great experience in their respective domains, not
always can our politicians think like people who have been committed to their
craft for a really long time.

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*Flexibility:-Parliament does not work constantly. At the season of passing any
administrative establishment, it is preposterous to expect to anticipate every one
of the possibilities beforehand. In this manner, control is essentially required to
be given to the Executive to meet the unanticipated possibilities. In this manner,
control is fundamentally required to be given to the Executive to meet the
unanticipated possibilities or to modify new conditions emerging often. While
parliamentary procedure includes delays, assigned enactment offers quick
apparatus for correction. Police guidelines and certain financial guidelines
identifying with bank rate, imports and fares, outside trade and so on are cases of
such circumstances.

*Experimentation:-Ordinary legislative process suffers from the limitation of

lack of viability and experimentation. Delegated Legislation enables the
executive to experiment. The method permits rapid utilisation of experience and
implementation of necessary changes in the application of the provisions in the
light of such experience. If the rules and regulations are found to be satisfactory,
they can be implemented successfully. On the other hand if they are found to be
defective, the defects can be cured immediately.

*Emergency:-In the midst of crisis, fast activity is required to be taken. A crisis

may ascend by virtue of war, rebellion, floods, pandemics, financial downturn
and preferences. Administrative procedure isn’t prepared to accommodate earnest
answer for meeting the circumstance. It is, along these lines, that the official must
have a control that might be utilized in a flash. Appointed Legislation is the main
helpful cure.

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*Confidential Matters:-In some situations, the public interest demands that the
law must not be known to anybody until it comes into operation. Rationing
schemes or imposition of import duty or exchange control are such matters.

*Sub-Delegation:-When a statute confers legislative powers on an administrative

authority and that authority further delegates those powers to another subordinate
authority or agency, it is called sub-delegation. Thus, what happens in sub-
delegation is that a delegate further delegates. This process of sub-delegation may
go through one stage to another stage. If the enabling Act is called the ‘Parent’
then the delegated and the sub-delegated act is called the Children.

Express Power

There is no difficulty as regards the validity of sub-delegation where the statute

itself authorises the administrative agency to sub-delegate its powers because
such a sub-delegation is within the terms of the statute itself.

In CENTRAL TALKIES V/S DWARKA PRASAD, under the U.P. Control of

Rent and Eviction Act, 1947, it was provided that no suit shall be filed for the
eviction of a tenant without the permission of either a District Magistrate or any
Officer authorised by him to perform any of his functions under the Act. The
Additional Magistrate to whom the powers were delegated made an order
granting permission.

Implied Power

The point is not clear as to what would be the position if there is no specific or
express provision in the statute for sub-delegation of power. In Jackson v.
Butterworth, it was held that the method of sub-delegating power to issue
circulars to local authorities was convenient and desirable but the power to sub-
delegate was absent. However, the other view is that although there is no

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provision enabling Act authorising sub-delegation of power by the delegate, the
same may be inferred by necessary implication.

EXPRESSIO UNIUS,EST EXCLUSIO ALTERIUS

“Expressio unius est exclusio alterius” is a fundamental principle in statutory

interpretation, originating from Latin, which translates to “the expression of one
thing excludes others.” This legal maxim is used to infer that when a statute
explicitly mentions certain items or categories, it implies the exclusion of those
not mentioned. For example, if a law specifically lists certain types of businesses
that require a license, it suggests that businesses not included in the list do not
require such a license.

This principle plays a crucial role in determining legislative intent and ensuring
statutes are applied as intended by lawmakers. It operates on the assumption that
by explicitly naming some items, legislators intentionally omitted others. While
“expressio unius” is a valuable interpretative tool, its application can sometimes
lead to narrow interpretations that may not fully align with the broader legislative
purpose. Therefore, it is often used in conjunction with other interpretative
methods to achieve a more comprehensive understanding of the law.

For example, if a statute states that “vehicles such as cars and trucks must be
registered,” the principle implies that other types of vehicles, such as bicycles or
scooters, are not required to be registered under that statute. This maxim serves
to clarify legislative intent by emphasizing what is explicitly included, thereby
excluding what is not mentioned.

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However, it’s important to note that this principle may not apply in cases where
lists are meant to be illustrative rather than exhaustive. Phrases like “includes” or
“such as” often indicate that the list is not intended to be exclusive. In such
situations, a broader interpretation of the law may be necessary to fully
understand its scope and application.

*Statutory Interpretation:- Courts use this principle to interpret statutes, inferring

that specific items mentioned explicitly imply the exclusion of items not
mentioned. For example, if a statute lists entities exempt from a tax, those not
listed are presumed not exempt. This clarifies legislative intent and ensures laws
are applied as intended by lawmakers.

*Contract Law:-In contract interpretation, the principle helps determine the scope
of contractual obligations. Explicitly stated conditions in a contract imply the
exclusion of unmentioned terms, reducing ambiguity and potential disputes.

*Administrative Law:- Administrative agencies apply the principle when

interpreting regulations or policies. Specific procedures or conditions mentioned
in a regulation imply the exclusion of others not specified, ensuring regulatory
clarity and consistency.

*Judicial Decisions:-Courts frequently cite this principle in rulings, especially

when statutes provide specific exceptions. It helps judges argue that unlisted
exceptions are not intended to be included, maintaining the integrity and clarity
of legal texts.

In PARBHANI TRANSPORT CO-OPERATIVE SOCIETY LTD. V/S

REGIONAL TRANSPORT AUTHORITY the Supreme Court applied the
principle to conclude that by specifying certain types of transport vehicles for
regulation, the legislature intended to exclude those not mentioned. This

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interpretation prevented the extension of regulatory control to vehicles that were
not explicitly listed in the statute.

IN PARI DELICTO,POTIOR EST CONDITIO POSSIDENTIS

A maxim meaning that where both parties to a dispute are equally in the wrong,
the defendant holds the stronger ground. The law will take notice of an illegal
transaction to defeat a suit, but not to maintain one.

The phrase is most commonly used by courts when relief is being denied to both
parties in civil action because of equal wrongdoing by both parties, or greater
culpability on the part of the plaintiff.

The phrase means, in essence, that if both parties are equally at fault or the
plaintiff is at greater fault, the court will not involve itself in resolving one side's
claim over the other, and whoever possesses whatever is in dispute may continue
to do so in the absence of a superior claim.

The doctrines of comparative fault (a doctrine of tort law that compares the fault
of each party in a lawsuit for a single injury) and contributory
negligence (applicable when plaintiffs/claimants have, through their own
negligence, contributed to the harm they suffered) are not the same as in pari
delicto.

UT RES MAGIS VALEAT QUAM PEREAT

The maxim ‘ulters valeat quam pereat’ is an important principle of interpretation

of statutes which literally means: “It may rather become operative than null”. The
effect of this maxim is that an enacting provision or a statute has to be so
construed to make it effective and operative.

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While interpreting any provision, the courts should not lean towards a
construction that renders any provision or the statute void or futile. Hence,
whenever the words used in a provision are imprecise, uncertain, and ambiguous
thereby leading to the possibility of alternative constructions, then the courts
should construe the provision in such a manner that none of the provisions of the
statute is turned inoperative.

In BADSHAH V/S URMILA BADSHAH GODSE the Supreme Court held that
where there is a possibility of alternative constructions, the Court should adopt
such construction that will enable the smooth functioning of the system for which
the statute has been enacted and the construction that becomes a roadblock in
achieving the purpose of the statute should be discarded. A construction that
reduces the legislation to futility should be avoided.

EXPRESSUM FACIT CESSARE TACITUM

Express mention of one thing implies the exclusion of other. This doctrine has
been applied by this Court in various cases to enunciate the principle that
expression precludes implication.

It is always important for the Court to keep in mind the purpose which lies behind
the statute while interpreting the statutory provisions.

This form of construction is used while interpreting statutes, contracts and deeds.
When a matter is clearly provided in a document, the clear and precise meaning
is to be adopted. The implied meaning need not be adopted when a clear meaning
is provided.

For example, when a condition is provided that a contract should be fulfilled on

a certain date, the tactic construction that the contract should be fulfilled within a

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reasonable time need not be adopted. When an express date is provided for
repayment of a debt, the creditor cannot demand payment before that date.

GENERALIA SPECIALIBUS NON DEROGANT

Generalia specialibus non derogant is a Latin maxim. It is a maxim used for

statutory interpretation.

• Generalia stands from general;

• Specialibus stands for special.

When interpreted, it means that general laws do not prevail over special laws or,
the general does not detract from specifics.

This maxim has been widely used in cases, where there is a conflict between
general and special provisions of an act or different acts. It has helped our
judiciary in the interpretation of statutes.

In SURESH NANDA V/S C.B.I In this case, the petitioner lost access to his
license as the result of the procedures of a case in which he was the accused. His
passport was seized by C.B.I., thus, he couldn’t travel.

In this case, there was a conflict between section 104 of CrPC and section 10(3)
of the Passport Act.

The court decided that:Since impounding of passports are governed by special

legislation namely the passports act, normal CrPC provisions concerning
impounding shall not be attracted, the courts or the police can at best seize a
passport, but for impounding (which is far more enduring and continuous
possession) passport authority would have to be approached– and the authority
can take a decision on whether it would be impounded or not.

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Generalia Specialibus non Derogant means erstwhile special law is given
superiority over later general law. This has been followed in many cases in India
as well as the US and other countries such as Canada and the UK.

But, mechanically applying this maxim yields no good. It is important to note

that:

*Special law and general law are to be assigned to acts according to the case in
question.

*The intention of the legislature in enacting a specific law has to be taken into
account.

*The courts should always check first if the doctrine of harmonious construction
and Principle of election can be applied or not before applying this maxim.

IN BONAM PARTEM

Bonam = Lawful and Partem = Taking the part

According to the rule of In Bonam Partem, the words of a statute are to be

construed in their ‘lawful’ and ‘rightful’ sense.(Lawful sense implies what is
legitimate and recognised by law.)

It is presumed that, the legislature never intended the words to be construed in

illegal sense.

If there are two interpretations, legal and illegal, then this rule requires that, the
interpretation giving the words legal sense must be given effect.

Any construction that takes away the legality of the words of statute, must be
avoided.

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Example : If Act refers, a thing to be done means it refers to the thing to be done
lawfully.

In MEHBOOB BASHA V/S TAMIL NADU WAKF BOARD it was held that
Words are prima facie to be taken in their lawful and rightful sense. Where an
Act for instance, gave a certain efficacy to a fine levied on land, it referred only
to a fine lawfully levied.

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