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Non-Statutory Interpretation Tools Guide

The document outlines various non-statutory tools for the interpretation of statutes, detailing external aids such as parliamentary history, international treaties, and historical facts. It includes case law examples and discusses the significance of scientific, economic, and social changes in legal interpretation. The document concludes with recommendations and suggestions for further consideration by the Law Commission.

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Ramakrishnan R
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8 views2 pages

Non-Statutory Interpretation Tools Guide

The document outlines various non-statutory tools for the interpretation of statutes, detailing external aids such as parliamentary history, international treaties, and historical facts. It includes case law examples and discusses the significance of scientific, economic, and social changes in legal interpretation. The document concludes with recommendations and suggestions for further consideration by the Law Commission.

Uploaded by

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

CONTENTS

Non Statutory tools of Interpretation

1. Introduction 1
When external aid is used for interpretation 1
B. Prabhakar Rao v. State of Andhra Pradesh 1
2. What are External Aids to the Interpretation of Statutes? 1
I. Parliamentary History/ legislative history. 2
Express Newspapers Pvt. Ltd. v. Union of India2 2
i. Reports 2
Sekar v. Geetha 3
ii. Parliamentary Debates 3
S.R. Chaudhuri v. State of Punjab and Ors . Appeal (civil) 244/1997 3
iii. Bill 3
iv. Statements of object & reason 3
State of West Bengal v. Union of India 4
Ashwini Kumar v. Arabinda Bose 4
State of West Bengal v. Subodh Gopal Bose 4
v. Constituent Debates/Speech 5
Indira Sawhney v. Union of India 5
A.K. Gopalan v. State of Madras 5
II UN Human Rights Treaties and other International treaties 5
ratified by India
III. Historical Facts and Surrounding Circumstances 7
Bengal Immunity Co. v. State of Bihar 8
IV. Scientific Inventions 8
State (through CBI) v. J. S. Chawdhary (1996) (SC) , 8
Hanumant v. The State of Madhya Pradesh 8
i. Extract of section 45 of Indian Evidence Act, 9
V. Economic, Scientific, Political and Social Changes 9
S.P. Gupta v. President of India & Ors 9
VI. Words of other Statute of pari material 10
State of Madras v. A. Vaidyanath Iyer 10
VII. Committee Reports 11
VIII. Foreign Decisions 11
M. V. Elisabeth v. Harwan Investment and Trading Pvt. Ltd 11
IX Dictionaries 12
Alamghir v. State of Bihar AIR 12
Motipur Zamindari company private Ltd Vs. Stated Bihar 12
Kanwar singh Vs. Delhi Administration 12
X. Text Book 13
Kesavananda Bharati is State of kerala 13

XI. Other Materials 14

XII. Recommendations by Law Commission for the same as per 14


60th and 183th report

3. Conclusion 15
4. Suggestions 15
5. Reference 15

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