PRESUMPTIONS
Readily accepted or inferred
AID TO INTERPRETATION
Internal (located within the statute) and external (outside the statute)
Used for both literal and purposive interpretation
Internal preferred over external and usually applied before external because intention is
clear through the language of the legislator.
Short titles are usually not considered to be a good aid of interpretation
Ordinarily: state what is the ordinary rule
Can this be also applied: not just ordinarily, but even exceptionally can this be applied
Illustrations when in contradiction to the section will not prevail over the restriction
General clauses, conventions
Nature of statute:
Fiscal/taxing income tax act (strict interpretation, if need be then liberal) (you lean
into what helps tax payer) (tax has to be an express imposition) (equitable considerations
don’t play a role in taxing statutes)
Penal/punitive IPC (strict interpretation, if need be then liberal) (you lean to what
helps the accused)
Remedial/beneficial maturity benefit act (liberal interpretation, if need be only then
strict) (thus, even if benefit not expressly given, can be provided) (this is because intent
of legislature is to uplift everyone )
Charging provision: strict
Exemption provision: a little more liberal
SUBSIDARY RULES
- Supplements the primary rules. So they cant be used over the primary rules
1. Mandatory and directory provision
- Usually relates to intent of adherence or compliance or fulfillment of something
- Rely on language of legislator. Like use of words such as, “must”, “shall”
- Mandatory provision: strict compliance; here fulfillment of the criteria or provision is
mandatory and there is no discretion; if not done, there are consequences
- Directory: there is a bit of scope of discretion. Use of words such as “may”, “if deemed
fit”
- This is however not always true. Thus court may interpret words such as “shall” to mean
“may”. This happens based on figuring out intent and purpose, thus, it indicates whether
the provision was meant to be directory or mandatory.
- Consider whether there is any consequence of non-compliance. Existence of such
consequences usually indicates that it is a mandatory provision
- Thus focus on: language, existence of consequence, overall intention
- Eg: If in a provision a provision uses language which is directory but Non-compliance
defeats purpose of law, then the provision would actually be mandatory
Section 17(1) of the Industrial Disputes Act, an award by the tribunal had to be published
“within a period of thirty days from the date of its receipt by the appropriate Government”. The
award was published beyond the 30 day period so the petitioners argued that it was not
enforceable. Court held that time limit was directory, not mandatory, the condition being that
publication of the award should not be inordinately delayed.
2. Disjunctive and conjunctive provision
- And/or
- Legislative enumeration linked by the word and: both need to be complied with
- Legislative enumeration linked by the word “or”: either option to be followed
- First focus on language, try to use literal
- Next focus on intent.
- Check nature of statute also