Module 3
3.1 Legislative Material.
Internal Aids
The various parts of a statute, like the preamble, title, marginal notes, and
headings, play crucial roles in interpreting the law. They are called as internal aids
or intrinsic aids of interpretation. They provide context, scope, and guidance to
understanding the legislature's intent and the meaning of the law.
Title: The title, both short and long, provides a concise overview of the statute's
subject matter and its general scope.
Example: the Indian Succession Act, 1925, has a long title stating it "consolidates
the law applicable to intestate and testamentary succession".
Preamble: The preamble sets out the broad purpose and objective of the statute.
It helps courts understand the "mischief" the law aims to address.
Example: In Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461 case,
wherein the apex court strongly relied on the Preamble to the Constitution of
India in reaching a conclusion that the power of the Parliament to amend the
constitution under Article 368 was not unlimited and did not enable the
Parliament to alter the Basic Structure of the Constitution. The Court observed: “If
the language in an ordinary statute is not plain and clear, then the preamble may
have effect either to extend or restrict the language used in the body of the
enactment.
Schedules: Schedules often contain detailed information, rules, or forms that
supplement the main provisions of the statute.
Example: Schedules of the Constitution of India.
Marginal Notes: These are brief summaries placed in the margin of each section,
often clarifying the section's meaning or effect.
Examples: The Indian Contract Act, 1872, section 11 reads as “Who are
competent to contract.
Example: ‘The Constitution of India’ where marginal notes were inserted by the
constituent assembly. Therefore, while interpreting constitution, it is always
permissible to seek guidance and help from the marginal notes.
Headings: The headings of chapters and sections offer guidance on the
organization and content of the statute.
Heading are prefixed to sections or a group of sections or set of sections.
Two types: i) Those prefixed to section ii) Those prefixed to a group or set of
sections. (& these serves as a preamble to those sections.).
Examples: IPC sections 121 to 130, heading given is
Definition or Interpretation Clauses: These clauses define specific terms used in
the statute, ensuring consistency and clarity in its application.
Two types of definitions
Extensive definitions : Broad in scope or content
Exhaustive definitions: Complete, Restrictive, Limiting.
Indra Sarma v. K.V. Sarma
When the definition of a word begins with ‘means’, it is indicative of the fact the
meaning of the word has been restricted i.e., it would not mean anything else but
what has been indicated in the definition itself.
Tata Consultancy Services v. State of AP
The word ‘include’ when used, enlarges the meaning of the expression defined. It
means it broadens its scope.
Explanations: Explanations often provide further detail or clarification of a
specific provision.
Example: IPC section 108, definition of Abettor. To explain the definition five
explanations are inserted.
Bengal Immunity Company v. State of Bihar
Explanation is a part of the section to which it is appended and the whole should
be read together to know the true meaning of the provision
Exceptions and Saving Clauses: Exceptions and saving clauses exempt specific
situations or individuals from the operation of the law.
An exception affirms that the thing not exempted are cover under the main
provision.
Example: section 300 (IPC) there are 5 exceptions
First four ends, “not murder if”.
Fifth exception ends “not murder when.”
Director of Secondary Education v. Pushpendra kumar
An exception should not be so construed as to override the main enactment and
thereby nullify the right conferred under the main enactment.
Illustrations: Illustrations, when included, provide examples that help clarify the
meaning of a provision.
Example: Illustrations (a to b )
Eg. (a) A shoots Z with the intention of killing him. Z dies in consequence. A
commits murder.
eg. (b)Exception 1- When culpable homicide is not murder- Culpable homicide is
not murder if the offender, whilst deprived of the power of self-control by grave
and sudden provocation, causes the death of the person who gave the
provocation or causes the death of any other person by mistake or accident.
The above exception is subject to the following provisos:-
Provisos: Provisos are clauses that create an exception to the general rule of the
statute, modifying its application.
Case law: Hindustan Ideal Insurance Co. v. LIC of India
If there is no doubt that where the main provision is clear, its effect cannot be cut
down by the proviso. But where it is not clear, its effect cannot be cut down by
the proviso. But where it is not clear, the proviso can properly be looked into to
ascertain the meaning & scope of the main provision.
Punctuation: Proper punctuation within a statute can clarify the structure and
meaning of sentences and clauses.
Case law:
Ashwini Kumar v. Arabinda Bose : The SC held that, a punctuation cannot be
regarded as a controlling element and cannot be allowed to control the plain
meaning of a text.
Non-obstante clause: A non-obstante clause, meaning "notwithstanding," is a
legal provision that gives specific provisions precedence over other potentially
conflicting laws or provisions within the same or other statutes, according to Law
Crust and The Law Codes. It ensures that a particular provision prevails, even if
there's a conflicting rule or law, providing certainty and clarity in statutory
interpretation.
Example: The Maharashtra State Co-op Soc. Act, 1960
Section 18A (4) says “Notwithstanding anything contained in the TOPA, 1882 or
the Registration Act, 1908, the order issued under subsection (1) shall be
sufficient conveyance for transfer or……..”
External Aids to construction
The aids of interpretation which are not parts of the statute are known as
external or extrinsic aids.
Extrinsic aids may be employed in the construction of statutes if the words and
language employed are not free from ambiguity and which cannot be cleared
even by resort to intrinsic aids.
Where the words or the language used in a statute are clear, plain, simple then
there is absolutely no room for deriving support from external aids.
Dictionaries:
Words used in the statute should be interpreted in the light of their ordinary
sense & to find out the ordinary sense of the words, dictionaries can naturally be
of help.
But the courts must be careful because it is not necessary that dictionary
meanings of a word may be the true meaning in the context because diverse
meanings of words are given in a dictionary. It is very difficult for court to choose
the correct meaning out of the same.
Example: Concise Law Dictionary.
Case law
Employees State Insurance Corporation v. TELCO
The question was whether respondent were bound to contribute monetarily
under ESIC Act, 1948 in repect of apprentices of the company. The dictionary
meaning of apprentice shows that, the prime aim of the apprenticeship was to
impart some kind of a training by the company to the apprentice under mutually
agreed terms and condition. The SC held that even if the apprentice is paid some
money by the company, this does not make him an employee of the company and
that his status remains that of a learner.
Text-Books:
Large number of books are available on a particular subject matter of law. Text
book do not make laws, they indicate, more or less those principles and
statements which have been universally accepted.
Text books may be referred to by the courts to arrive at the true meaning of an
enactment. It is, however, not necessary that the views expressed therein are the
views of the courts also. There have been instances of both acceptance and
rejection by the courts of the opinions expressed in text books.
Many times Manu, Yajnavalkya, Kautilyas ‘arthshastra’ , Lokmanya Tilak’s ‘Gita
Rahasya’ also books by Mulla have been quoted by courts.
Courts are not bound by any text book however eminent author may be.
It is the discretion of courts to accept or reject the views given in the text books.
Keshavanand Bharti v. State of Kerala
A large number of text books were quoted but most of the judges of the Supreme
Court deciding this case were of the opinion that in view of many opinions and
counter opinions it was not desirable to follow the opinions and that the safest
way for the court was to interpret keeping in mind always the whole context of
the issues.
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.
Travaux Préparatoires
The Travaux Préparatoires are official documents recording the negotiations,
drafting, and discussions during the process of creating a treaty. These documents
may be consulted and taken into consideration when interpreting treaties.
Statutes in Pari Materia:
Pari= Same & Materia=Matter. Thus, Pari Materia is the statutes dealing with the
same subject-matter or forming part of the same system. (The rule of context
which says that a statute must be read as a whole as words are to be understood
in their context, it permits reference to other statutes in pari materia.)
When the statute is ambiguous, the intention of the legislature may be
determined from the statutes in ‘pari materia’. I.e. the statute dealing with the
same subject-matter.
In an American case, pari materia was explained as ‘statutes are in pari materia
which relate to the same person or thing, or to the same class of persons or
things. It is a phrase applicable to public statutes or general laws made at
different times and in reference to the same subject.
(Identical talks about something that really looks alike with something else, but
they’re not the “same” For example: Twins are identical but they’re not the same
person.)
Example: The Transfer of Property Act, 1882, section 3 defines
” immovable property” does not include standing timber, growing crops or grass.”
The General Clauses Act, 1897 section 3(26) defines
Contemporanea Exposition
It is based on the maxim “Contemporanea expositio est optima environment
fortissimma in lege.” Which means, the best way to construe a document is to
read it as it would have read when made.
This maxim means that contemporaneous exposition is the best and strongest in
the law. The best exposition of a statute or any other document is that which it
has received from contemporary authority.
It applies only to the construction of ambiguous language in old statutes.
Doypak systems (P) Ltd. v. Union of India
Not applicable to modern statutes. This is confined to the construction of
ambigious language used in very old statutes.
Senior Electrical Inspector v. Lakshmi Narain Chopra
The SC has said that, the maxim should be applied only in the construction of
ancient statutes but not to comparatively modern statutes.
Law Commission Report.
To monitor the working of the enactment Submit report to legislature time to
time based on the report of the Law commission, parliament decides about the
amendment, repeal etc. of the Act. Report of Law commission is the accurate
source of information for the determination of the mischief or the defect that is
remedied by enacting the law can be admitted as an external aid of
interpresentation while deciding a case.
Smt. Premlata Sharma v. Bhagwat Prasad Sharma Dehradun.
The court can look into recommendations of the law commission while
interpreting a provision which has been amended on its basis.
Mithilesh Kumari v. Prem Behari Khare Law commission report may be referred
to as external aid to construction of the provisions. What importance can be given
to it will depend on the facts and circumstances.
Debates:
Any Act, before it is passed is thoroughly discussed on the floor of the Parliament
or the state legislature.
Traditionally courts used to consider but in modern times, such debates are not
admitted as an aid to interpretation because
Those who did not speak, may not have agreed. Those who speak, might differ
from each other. The only proper way to construe is language used in the Act.
They are not admissible for construction but when, when, one has to determine
the object and purpose of an Act, they can be looked into for proper
understanding of the circumstances at the time of enactment.
State of W.B v. Union of India
A statute as passed by the Parliament is the expression of collective intention of
the legislature as a whole. Any statement made by any individual cannot be used
to cut down the generality of the words used in statute.