Mumbai University

3 Years LLB- Semester V (December 2023),

Interpretation of Statutes
RK- Question & Answers.

1) What is Interpretation of Statutes?

Ans) As per Salmond, Interpretation of Statutes is “the process by which
the Court seeks to ascertain the meaning of the Legislature through the
medium of authoritative forms in which it is expressed”
The process by which a judge (or indeed any person, lawyer or layman, who
has occasion to search the meaning of a Statute) constructs from the words
of a statute-book a meaning which he either believes to be that of the
legislature, or which he proposes to attribute to it, is called interpretation.
Statute interpretation is the process of determining the meaning of a law
passed by a legislative body. It is the process by which courts interpret and
apply statutes. The goal of statute interpretation is to determine the intent
of the legislature in enacting the law, and to apply that intent to the facts
of a particular case

2) Explain “Noscitur a Sociis”

Ans) The maxim means that the meaning of a word can be gathered from the
content, or by the company it keeps. The associated words indicate a guideline
for ascertaining the meaning of a doubtful word. Where the meaning is clear
the maxim has no application but where it is doubtful, the meaning has to be
ascertained by considering the company in which it is found or the meaning
of the words associated with it.
Example: If a legal provision refers to vehicles, including cars, trucks, and
other vehicles, and the term ‘other vehicles’ is ambiguous, Noscitur a Sociis
would suggest that ‘other vehicles’ should be interpreted in the context of
the specific examples given (cars and trucks) and should not include, for
instance, bicycles, boats or aeroplanes.

3) What is Ejusdem Generis?

Ans) Ejusdem Generis' is a Latin term and the meaning of it is "of the same
kind and nature". The Doctrine of Ejusdem Generis provides that when a list
of specific words are being followed by the general words, the general words
are interpreted in a way so as to restrict them to include the items or things
which will be of the same type as those of the specific words.
The ejusdem generis rule was applied by the court in Evans v. Cross [(1938)
1 KB 694].
 Interpretation of Statutes

4) What is doctrine of Prospective Overruling?

Ans) The doctrine of Prospective Overruling is originated in the American
Judicial System. It dictates that a decision made in a particular case would
have operation only in the future and will not carry any retrospective effect
on any past decisions. This ensures that no party should suffer because of
the change in law or stance of the Court. This doctrine was first invoked in
India by Supreme Court in the case of Golak Nath v. the State of Punjab by
Chief justice Kokka Subba Rao.

5) Explain the term Pari Materia?

Ans) It is a doctrine in statutory construction that statutes that are in pari
materia must be construed together. Where acts are so related as to form
a system or code of legislation and when they relate to same persons or
things or the same class of persons or things or have the same purpose or
object, the statutes are called in pari materia.

6) Explain Heydon’s Rule of Construction or Mischief Rule?

Ans) Where the language used in a statute is capable of more than one
interpretation rule, the principle laid down in the Heydon’s case shall apply.
The interpretation rule which is also known as ‘purposive construction’ or
‘mischief rule’. It has been introduced to avoid misinterpretation of statutes.
The rule directs that the courts must adopt that construction which shall
suppress (reduce) the mischief and advance remedy. The rule in Heydon’s
case is applicable only when the words used are ambiguous. Also they are
applicable when they are reasonably capable of more than one meaning.

7) Define an Affidavit as per General Clauses Act?

Ans) As per the provisions of GC Act, 1897, Affidavit shall include
affirmation and declaration in the case of persons by law allowed to affirm
or declare instead of swearing.

8) What is the meaning of Good Faith?

Ans) Section 3(22) of the General Clauses Act defines ‘good faith’ as “a thing
shall be deemed to be done in ‘good faith’ where it is in fact done honestly,
whether it is done negligently or not”. ‘Good faith’ would mean anything done
honestly, whether done negligently or not.

2
 Interpretation of Statutes

9) What is enabling statute?

Ans) Enabling Statute means statute (Law) which either enlarges common law
or makes something lawful which otherwise was unlawful. Instances of
enabling statute can be acts authorizing compulsory acquisition of land for
public benefit or prohibition of public and private nuisances. Enabling statute
is a law that gives new or extended authority or powers, generally to a public
official or to a corporation to carry on the procedure of the act and these
rules can provide for several matters sans (without) the preconceived opinion
of the current provisions.

10) What is meaning of maxim ut res magis valeat quam pereat’ ?

Ans) The maxim ‘ut res magis 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.

11) What is colourable legislation?

Ans) The doctrine of colourable legislation is a legal principle that aims at
the prevention of excessive and unconstitutional use of the legislative
authority of the government. In a literal sense, the doctrine of colourable
legislation means that the government is enacting legislation under the guise
of having authority even though it does not possess any competent authority
to do so.
The judiciary has the authority to prevent the government from the abuse
of its power. When the government misuses its legislative authority by making
laws outside its demarcated jurisdiction, the judiciary has the power to review
them and strike them down if they are found unconstitutional.
The doctrine of colourable legislation is also known as “Fraud on the
Constitution” because the legislature of the government authority does not
enact laws according to the provisions mentioned in the Constitution. The
legislative authority creates a delusion that it is acting in compliance with the
constitutional provisions but in reality, it does not.

12) Explain preamble as internal aid for interpretation?

Ans) The preamble of an Act serves as an internal aid to interpretation as it
outlines the main objectives and reasons behind the legislation. When the
language of a provision within an Act is clear and unambiguous, the preamble
generally does not play a significant role. However, if multiple interpretations

3
 Interpretation of Statutes

are possible, the preamble can assist in ascertaining the true meaning of the
provision.

13) What is doctrine of severability?

Ans) The doctrine of severability deals with situations when some parts of a
law or statute are found to be unconstitutional due to a conflict with
fundamental rights. In such cases, only the conflicting or repugnant part of
the law will be considered void by the courts, not the entire statute. It is
also called the doctrine of separability.

14) What are the consequences of repeal of statutes?

Ans) Repeal of statutes means the abolition of the law, and once if any
statute is abolished then it is considered void and possesses no effects. In
addition, there is no basic difference between amendment and repeal. Both
the term amendment and repeal is used for stating a similar expression that
is the substitution. General consequences of repeal
• A newly enacted law repudiate the existing one.
• The statute after getting repealed becomes ineffective.
• Statute repealed is abolished by the repealing statute as if it had never
been made by the legislature.
• Except for a saving clause, each and every part of the statute is
considered unconstitutional.
• In order to validate a transaction made under a repealed statute, the law
can retrospectively amend the statute even after it is obliterated.

15) What is the golden rule of interpreting the statute?

Ans) According to the golden rule, when interpreting a statute, the court
must generally adhere to the ordinary meaning of the words used. The golden
rule of interpretation is an expansion or extension of the literal rule, allowing
judges to deviate from the strict literal meaning of words to prevent absurd
outcomes. The golden rule can be applied in both a narrow and wider sense.
In the narrow approach, the judge employs this rule when the word used in
the statute is ambiguous or it has multiple possible meanings. It is then up
to the judge to choose the most appropriate meaning in the case context.
In the wider approach, the golden rule is often utilised when there is only
one literal meaning of a word, but using that meaning would lead to an absurd
result. Therefore, the Court may modify the interpretation of the word to
avoid such absurdity.

4
 Interpretation of Statutes

16) What is Sententia Legis.

Ans) “Sententia Legis” i.e., true intention of legislature in other words,
intention of the legislature always serves as reference to the meaning of
words used by legislature which are objectively determined. It is nowhere
seen or expressly provided, it has to be assessed by the guiding rules of
interpretation.

17) What is codifying statute?

Ans) A statute that presents an orderly and authoritative statement of the
most important legal principles relating to a specific topic is known as a
codifying statute. Thus, the codifying statute fully expresses all applicable
legal requirements for a specific topic..
Once a law has been codified, its authors cannot be asked to alter it to
reflect societal conditions. Only the legislature has the authority to alter the
codified laws, whether the change is significant or slight.

18) What is meant by Schedule in Statute?

Ans) Schedules are at the end & contain minute details for working out the
provision of the express enactment. Schedule cannot override the provisions
of the express enactment.

19) What is the meaning of 'rule of literal construction'?

Ans) It means that the words of an enactment are to be given their ordinary
& natural meaning, & construed according to their grammatical meaning &
according to the intention of legislature unless that leads to some absurdity.
It also known as ‘natural ’, ‘ordinary’, ‘strict’, ‘grammatical’, & ‘popular’ rule
of interpretation.

20) What do you understand by 'delegated legislation'?

Ans) delegated legislation /secondary /subordinate legislation is law made by
an executive authority under powers given to them by primary legislation in
order to implement & administer the requirement of that legislation. e.g.
Rules, Regulations, Ordinances etc.

21) What is the meaning of 'Retrospective operation of a statue'?

Ans) The word ‘retrospective’ literally means looking backwards. It is a
cardinal principle of construction that every statute is prima facie prospective
unless it is expressly or by necessary implication made to have a retrospective

5
 Interpretation of Statutes

operation. If an Act provides that as at a past date the law shall be taken
to have been that which it was not, that Act is deemed to be retrospective.

22) What is the doctrine of 'implied over ruling'?

Ans) It also known as prospective overruling. It enables the court to bring
about a smooth transition by correcting its error without disturbing the impact
of errors on past transactions. This doctrine can be invoked only in matters
arising under the constitution. It can be applied by highest court of the
country.

23) What is doctrine of repugnacy?

Ans) The doctrine of repugnancy, in accordance with Article 254, states that
if any part of State law is repugnant or conflicting to any part of a Central
law which the Parliament is competent to enact, or to any part of a law of
the matter of List III, then the Central law made by the Parliament shall
prevail and the law made by the State legislature shall become void, to the
extent of its repugnancy.

24) Explain the term 'abet' as per general clauses Act, 1897?
Ans) (S/107 IPC) - a person abets the doing of a thing when he; a) Instigates
a person to commit an offence; or b) Engages with one or more persons in a
conspiracy to commit an offence; or c) Intentionally aids a person by any act
or illegal omission to commit an offence or illegally omits the doing of an act
which would prevent the commission of the offence.

25) Explain the term 'Person' as per general clauses Act?

Ans) Sec.3 (42) Person shall include any company or association or body of
individual, whether incorporated or not.

26) Define ‘Marginal Notes’?

Ans) Marginal notes are inserted at the side of the sections, also known as
side notes. where marginal notes are inserted by legislature it can be consider
as aid of interpretation.

27) Explain the term ‘Official Gazette’ under the General Clause Act,
1897?
Ans) Sec.3 (39) “official Gazette” or “Gazette” shall mean the Gazette of
India or the official gazette of the State.

6
 Interpretation of Statutes

28) What is the ‘State Act’ under the General Clauses Act, 1897?
Ans) Sec. 3(59) - “State Act” shall mean an Act passed by the Legislature
of a State established or continued by the Constitution.

29) What is ‘taxing Statute’?

Ans) The taxing Statute imposes taxes on income or certain other kinds of
transaction for - collect revenue, tax levied for public purpose & used welfare
activities of the people.

30) Explain the Doctrine of Occupied Field?

Ans) The doctrine of occupied field has a great place in interpretation as to
whether or not a particular legislature is competent to legislate on a particular
entry. This means that when the field is completely occupied by List 1, then
the State Legislature is wholly incompetent to legislate on the subject matter
& no encroachment, minimal or otherwise, by the State Legislature is
permitted.

31) What is ‘Harmonius Construction'?

Ans) When there are in an enactment, two provisions which cannot be
reconciled with each other, they should be so interpreted that, if possible,
effect should be given to both, this is known as rule of harmonious
construction.

32) What is the meaning of 'exclusion or ouster of jurisdiction'?

Ans) The word jurisdiction is derived from Latin terms ‘juris’ & ‘dicto’ which
means “I speak by law”. Jurisdiction means authority which a court has to
decide matters that are litigated before it. An Ouster or Finality Clause is
a provision in an Act of Parliament to restrict or eliminate judicial review in
the interests of smooth administration of justice. It is sometimes provided
by a statute ‘shall be final’, ‘shall be final & conclusive’, ‘shall be final’, ‘shall
not be questioned in any legal proceeding whatsoever’. e.g. Arts. 323A, 323s.
B, exclusion of the jurisdiction of “all courts” except the jurisdiction of
Supreme Court under Arts 32, 136..

33) What is the meaning of 'operation of statute?

Ans) 'operation of statute is an automatic legal process by which an effect
or result, or liability or right, is created or extinguished whether the
affected party intended it or not. e.g. If a person dies intestate, his/her
heirs are determined by operation of law.

7
 Interpretation of Statutes

34) What is the difference between Interpretation and Construction?

Ans) The key differences between interpretation and construction have been
enumerated below:
➢ Interpretation refers to the understanding of words and the true sense
of a legal text. Construction refers to the drawing of conclusions of the
legal text that lie beyond the direct expression of the legal text.
➢ Interpretation takes place when we want to find the original meaning of a
legal text. All other forms of constitutional analysis come under
construction.
➢ Interpretation takes place when the meaning of the legal text is clear and
unambiguous so that it can be interpreted. Construction takes place when
the meaning of the text is unclear, ambiguous and is challenged.
➢ The main function of interpretation is to find out the simple and real
meaning of the legal text. When the use of the literal meaning of the
legal text creates ambiguity, construction helps to find out if the case
can be covered under it or not.
➢ Through interpretation, one can find out the linguistic meaning in the
context of a legal text. Through construction, one can discover the legal
effect of the legal text.

35) Write a note on temporary statute and permeant statute?

Ans) A temporary statute is enacted for specific purposes and for a specific
time period and gets repealed after the expiry of that particular period or
fulfillment of that purpose. A permanent statute which is also known as a
perpetual statute is enacted with a long term goal and gets repealed by the
subsequent statute.

36) What is doctrine of pith and substance?

Ans) The doctrine states that within their respective spheres the state and
the union legislatures are made supreme, they should not encroach upon the
sphere demarcated for the other.However, if one among the state and the
Centre does encroach upon the sphere of the other, the courts will apply the
Doctrine of Pith and Substance.
If the pith and substance i.e., the true object of the legislation pertains to
a subject within the competence of the legislature that enacted it, it should
be held to be intra vires although it may incidentally encroach on the matters
not within the competence of the legislature.

8
 Interpretation of Statutes

37) What is Non obstante Clause?

Ans) A non-obstante clause is added to a provision in order to uphold its
enforceability over another provision that is contradictory to it. This clause
is used to clarify the intention of the legislature in cases where two provisions
appear contradictory. Such clauses generally start with the words
“notwithstanding anything contained….” giving the provision following an over-
riding effect vis-à-vis the provision or law following the words under
reference.

38) What do you mean by strict construction?

Ans) Strict construction, in a legal context, refers to a narrow or literal
interpretation of the language used in a statute or legal document. When a
court applies strict construction, it adheres closely to the literal meaning of
the words and phrases in the law, without reading in implied meanings or
considering the broader legislative intent. This approach aims to limit judicial
discretion and interpretation, emphasizing a strict adherence to the text of
the law.

*****

9
 Interpretation of Statutes

Descriptive Questions

1) What do you mean by repeal of law/statutes? What are the consequences

of repeal of statutes?
Ans) Repeal of statutes means the abolition of the law, and once if any
statute is abolished then it is considered void and possesses no effects. In
addition, there is no basic difference between amendment and repeal. Both
the term amendment and repeal is used for stating a similar expression that
is the substitution.
The power to repeal a statute conferred to the legislature is similar to the
powers it has for the enactment of a statute. For example, the Companies
Act, 2013 repealed the Companies Act 1956, the Criminal Procedure Code,
1973 repealed the previous Criminal Procedure Code, etc. such power of
repealing a statute is similar and coextensive to the power of making or
enacting a law.
There exist two types of statutes. Temporary statutes tend to have effects
for a specific period of time. They have no effects after the expiry of the
specific period, however, the permanent or the perpetual statute is the one
in which the statute remains effective until it is substituted or repealed by
the legislative act.
There are two kinds of repeal of laws:.
➢ Express or declared repeal means that the repeal is contained in a special
provision of a subsequent law.
➢ Implied or tacit repeal takes place when the provisions of the subsequent
law are incompatible or inconsistent with those of an earlier law.
General consequences of repeal
• A newly enacted law repudiate the existing one.
• The statute after getting repealed becomes ineffective.
• Statute repealed is abolished by the repealing statute as if it had never
been made by the legislature.
• Except for a saving clause, each and every part of the statute is
considered unconstitutional. The normal effect of repealing a statute
without providing a saving clause is to obliterate it from the statute-book
as completely as if it had never been passed and had never been existed
except as to matters and transactions past and closed.
• In order to validate a transaction made under a repealed statute, the law
can retrospectively amend the statute even after it is obliterated.
• Whenever there is a repeal of a statute, the consequences laid down in
section 6 of the General Clauses Act, 1897 shall follow unless a different

10
 Interpretation of Statutes

intention can be presumed from the repealing statute. Under General

Clauses Act, 1897, Section 6 "Repeal" connotes abrogation or obliteration
of one statute by another, from the statute book as completely "as if it
had never been passed." When an Act is repealed "it must be considered
(except as to transactions past and closed) as if it had never existed.

2) What are the External Aid for Statute Interpretation?

Ans) External aids to statutory interpretation are sources of information and
guidance utilized 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.
These aids help resolve uncertainties and fill gaps in the statutory text,
providing valuable assistance in the interpretation of statutes. Generally,
external aids are taken into consideration when internal aids are unable to
provide a clear and correct insight into the statute. But internal and external
aids are not necessarily mutually exclusive and a court may use both to arrive
at the meaning of the provisions of a statute.
Examples of External Aids:
➢ Dictionaries: Words used in a statute should be interpreted in the light
of their ordinary sense. Dictionaries can, therefore, be consulted by the
courts whenever the need arises to know the ordinary sense of a word.
But where the dictionary gives divergent or more than one meaning of a
word, it is not safe to construe the said word according to the suggested
dictionary meaning of that word. In such a situation the word has to be
construed in the context of the provision of the Act and regard must also
be had to the legislative history of the provision and the scheme of the
Act.
➢ Text Books: Textbooks may also be referred to for assistance in the
process of interpretation/construction to find the true meaning of a
statute. In the landmark constitutional case Keshavananda Bharati v.
State of Kerala, the Supreme Court relied upon a number of textbooks on
legal subjects, written by eminent lawyers and authors though the Court
conceded that there were numerous opinions and counter-opinions.
➢ Foreign Decisions: Decisions made by courts in other jurisdictions can be
used as a guide, especially when interpreting statutes that have similar
provisions.
➢ Travaux Preparatories (Preparatory Works): This refers to the materials
used in preparing the ultimate form of the statute and includes reports of

11
 Interpretation of Statutes

discussions, hearings, debates connected with the drafting of the statute.

These provide pointers to intent of the makers of the statute.
➢ Statutes in Pari Materia: Statutes are in pari materia which relate to the
same person or thing, or to the same class of persons or things. While
determining the meaning of an expression in a statute, a specific
expression in an earlier statute dealing with the same subject-matter may
be referred to. Where there are different statutes in pari materia though
made at different times, or even expired, they may also be taken and
construed together, as one system, and as explanatory of each other.
Statutes are in pari materia which relate to the same person or thing, or
to the same class of persons or things
➢ Parliamentary History: Parliamentary history includes the original form of
statutes presented before the legislature’s enactment. It encompasses
records of debates held in Parliament, committee reports, resolutions
passed by both houses, and any amendments made to the bill. The ministry
responsible for introducing the bill would have justified its enactment,
known as the Statements of Objects and Reasons, which hold significant
importance.
➢ Contemporanea Exposito: The doctrine of Contemporanea Exposito suggests
that the best exposition of a statute or any other document is that which
it has received from contemporary authority. It is considered that the
words of a statute should be construed in such a manner that it had been
held by the person creating such statute in the true sense. The rule is
that a statute must be considered in the light of all circumstances existing
at the time of its enactment.

3) Write a short note on Contemporanea Exposito?

Ans) The term “Contemporanea Exposito” is a Latin legal maxim that
translates to "contemporaneous interpretation". It refers to the principle
that the best way to interpret a document or statute is to read it as it would
have been read at the time it was written. This principle is particularly
applied to the interpretation of ancient documents.
The doctrine of Contemporanea Exposito suggests that the best exposition of
a statute or any other document is that which it has received from
contemporary authority. It is considered that the words of a statute should
be construed in such a manner that it had been held by the person creating
such statute in the true sense. The rule is that a statute must be considered
in the light of all circumstances existing at the time of its enactment.

12
 Interpretation of Statutes

This maxim is based on the principle stated by Salmond that "the essence of
law lies in the spirit, not its letter, for the letter is significant only as being
the external manifestation of the intention that underlies it". Therefore,
giving the meaning to the words that it had when the statutes were
constructed follows logically.

4) Write a short note on Dictionary?

Ans) Dictionary is one of the external aid for interpretation of statute.
Words used in a statute should be interpreted in the light of their ordinary
sense. Dictionaries can, therefore, be consulted by the courts whenever the
need arises to know the ordinary sense of a word. But where the dictionary
gives divergent or more than one meaning of a word, it is not safe to construe
the said word according to the suggested dictionary meaning of that word.
In such a situation the word has to be construed in the context of the
provision of the Act and regard must also be had to the legislative history
of the provision and the scheme of the Act.Here are key points regarding
the use of dictionaries as external aides to construction:
➢ Plain Meaning Rule: The "plain meaning rule" suggests that words in a
statute should be given their ordinary and plain meaning. Dictionaries serve
as tools to determine the ordinary meanings of words.
➢ Contextual Interpretation: Dictionaries help in understanding the context
in which a word is used. Different words may have different meanings in
various contexts, and dictionaries provide insight into these variations.
➢ Statutory Interpretation: When a term is not defined within the statute,
courts often turn to dictionaries to ascertain the common and accepted
meaning of the term. Dictionaries act as external aids to resolve ambiguity
or uncertainty in statutory language.
➢ Historical Usage: Dictionaries may provide historical meanings of words,
helping courts understand the evolution of language and the context in
which a particular term was used at the time of the statute's were
enacted.
➢ Technical Terms: In statutes dealing with specific industries or technical
subjects, dictionaries that specialize in those areas can assist in
interpreting technical terms and jargon.
➢ Specialized Dictionaries: Legal dictionaries, specialized subject
dictionaries, or dictionaries of legal usage are particularly useful in legal
interpretation. They provide definitions that are tailored to the legal
context.

13
 Interpretation of Statutes

➢ Avoidance of Ambiguity: The use of dictionaries aims to avoid ambiguity

in statutory language. If a word has multiple meanings, dictionaries may
help identify the most appropriate meaning in the given context.
➢ Modern vs. Archaic Definitions: Dictionaries assist in determining whether
a word should be interpreted according to its modern usage or whether an
archaic definition should be considered, especially in statutes with older
language.
➢ Legislative Intent: Understanding the ordinary meanings of words
contributes to discerning legislative intent. Courts often look to the plain
meaning of statutory language as an expression of legislative will.
In Motipur Zamnidary Co. Pvt. Ltd. v. State of Bihar (AIR 1962 SC 660),
the question was whether sales tax could be levied upon sugarcane given that
vegetables were exempt from Sales Tax.. The appellant argued that since
sugarcane is a green vegetable, it should be exempted from tax, and stated
the dictionary meaning of ‘vegetable’ as something which is derived from
plants. The Supreme Court rejected this contention and held that under
common usage, a vegetable is something that is grown in a kitchen garden and
is used to consume during lunch or dinner. It further held that sugarcane was
not a vegetable, and was thus, liable to sales tax.

5) Discuss : Statute must be read as a whole.

Ans) The principle that a “statute must be read as a whole” is a fundamental
rule of statutory interpretation. This rule, also known as the doctrine of “Ex
Visceribus Actus”, which asserts that every part of a statute is to be
understood in relation to its context. The following points highlights the
importance of the maxim.
a) Contextual Understanding: Every clause and every section of a statute
should be understood with reference to the context, and the other clauses
of the Act. The reason is that words do not always retain their abstract
or primary definition and their meanings vary in accordance with the
contextual use.
b) Harmonious Construction: The different sections and provisions of a
statute are meant to support each other. They should be read in totality
and in a way that makes the statute internally consistent.
c) Avoiding Contradictions: Reading the statute as a whole helps to avoid
contradictions and inconsistencies within the law.
d) Understanding Legislative Intent: The overall purpose or intent of the
legislature can be better understood by reading the statute as a whole
rather than focusing on isolated parts.

14
 Interpretation of Statutes

In essence, this principle emphasizes that the meaning and application of

any part of a statute can only be fully understood when it is read and
interpreted in the context of the entire statute. In the case of Bank of
England Vs. Vagliano brothers (1891), the House of Lords observed that a
codifying Act is to be interpreted as per the language used in it and not as
per the various judgements made before the Act was enacted.

6) Explain Heydon’s Rule of Construction or Mischief Rule? What are the 4

proposals/principles of Heydon’s case?
Ans) Where the language used in a statute is capable of more than one
interpretation rule, the principle laid down in the Heydon’s case shall apply.
The interpretation rule which is also known as ‘purposive construction’ or
‘mischief rule’. It has been introduced to avoid misinterpretation of statutes.
The rule directs that the courts must adopt that construction which shall
suppress (reduce) the mischief and advance remedy. The rule in Heydon’s
case is applicable only when the words used are ambiguous. Also they are
applicable when they are reasonably capable of more than one meaning.
The four proposals of Heydon’s Case, also known as the mischief rule of
statutory interpretation, are as follows:
a) What was the common law before the making of the Act? This involves
understanding the legal scenario and the state of the law before the
enactment of the statute.
b) What was the mischief and defect for which the common law did not
provide? This refers to identifying the problem or mischief that the
statute was designed to remedy.
c) What is remedy the Act has provided to cure the disease/problem?: This
involves understanding the solution or remedy that the statute provides to
address the identified mischief.
d) The true reason of the remedy. This refers to understanding the rationale
or reasoning behind the chosen remedy.
The case of Heydon’s Case (1584) is considered a landmark case as it was
the first case to use what would come to be called the mischief rule of
statutory interpretation. The court concluded that the purpose of the statute
was to cure a mischief resulting from a defect in the common law. Therefore,
the court concluded, the remedy of the statute was limited to curing that
defect. Judges are supposed to construe statutes by seeking the true intent
of the makers of the Act, which is presumed to be pro bono publico, or intent
for the public good.

15
 Interpretation of Statutes

7) Two case laws on Mischief Rule.

The case of Smith v. Hughes [(1960) 1 WLR 830] is a landmark case that
helped define the mischief rule of statutory interpretation.
Facts of the Case: The defendants were prostitutes who maintained a
residence at 39 Curzon Street in London, and engaged in prostitution there.
They solicited men walking by the street from a first-floor balcony of their
residence. They would tap on the balcony railing with a metal object and hiss
at the men as they passed below them in the street, and after doing so,
engage in conversation with them. They were charged with soliciting for
prostitution in a public setting despite being a common prostitute in violation
under Street Offenses Act, 1959.
Issues: The key issues in this case were whether the term “streets” was
included in Street Offences Act, 1959, and whether soliciting from the
balconies of the houses of the common prostitutes amounted to an offence
under Act.
Arguments: The prosecutor argued that the soliciting had occurred “in a
street” as defined by section 1 (1) of the Act. On behalf of the defendant,
it was argued that the balcony was not “in a street” as defined by section 1
(1) of the Street Offences Act, 1959, and as a result, no crime had been
committed.
Held: The court applied the mischief rule holding that the activities of the
defendants were within the mischief the Act was aimed at even though under
a literal interpretation they would be in a private place. The court concluded
that the purpose of the Act was to prevent solicitation in public places, and
that the balcony, being visible from the street, constituted a public place
for the purposes of the Act.
The mischief rule was also applied in Bengal Immunity Co. v. State of Bihar
(AIR 1955 SC 661), where the construction of Article 286 was in question.
The Court held that the state can impose sales tax only if all the ingredients
of the sale have a territorial connection. The Court observed that it was to
cure the mischief of multiple taxation and preserve the free flow of inter-
state trade and commerce that the Constitution makers had adopted Article
286. Several states cannot impose sales tax on the same transaction.

8) Explain “Noscitur a Sociis” with a case law.

Ans) The maxim means that the meaning of a word can be gathered from the
content, or by the company it keeps. The associated words indicate a guideline
for ascertaining the meaning of a doubtful word. Where the meaning is clear
the maxim has no application but where it is doubtful, the meaning has to be

16
 Interpretation of Statutes

ascertained by considering the company in which it is found or the meaning

of the words associated with it.
Example: If a legal provision refers to vehicles, including cars, trucks, and
other vehicles, and the term ‘other vehicles’ is ambiguous, Noscitur a Sociis
would suggest that ‘other vehicles’ should be interpreted in the context of
the specific examples given (cars and trucks) and should not include, for
instance, bicycles, boats or aeroplanes.
Case Law:
The case of Dr. Devendra M. Surti v. State of Gujarat (AIR 1969 SC 63)
was heard by the Supreme Court of India. The case involved a dispute over
whether a doctor’s dispensary is a “Commercial Establishment” within the
meaning of the Bombay Shops and Establishments Act, 1948.
Facts of the Case:
Dr. Devendra M. Surti, the appellant, was a doctor who maintained a
dispensary in Ahmedabad. The dispensary was registered as a “Commercial
Establishment” under the provisions of the Act. The complainant, Shri Patel,
visited the dispensary and found that the register was not maintained as
required under Rule 23 (1) of the Rules framed under the Act.
Issues: The key issue in this case was whether a doctor’s dispensary falls
within the definition of “Commercial Establishment” under Section 2 (4) of
the Act which said that “commercial establishment means an establishment
which carries on any business, trade or profession”.
Arguments: The appellant contended that his dispensary does not fall within
the definition of “Commercial Establishment” under Section 2 (4) of the Act.
Judgement:
The court held that the professional establishment of a doctor cannot come
within the definition of Section 2 (4) of the Act unless the activity carried
on was also commercial in character. The court adopted the principle of
noscitur a sociis, which means that the meaning of a word should be known
from its accompanying or associating words.
9) What are the internal aids to interpretation of statute?
Ans) Internal aids to interpretation or construction are those devices that
are present within the statute itself that help clarify its meaning. The various
internal aids available within the statute are as under
➢ Title: The title of a statute can provide an overview of its content and
purpose. There are two types of titles: short title and long title. The
short title is the name of the Act, while the long title provides a general
description of the Act.

17
 Interpretation of Statutes

➢ Preamble: The preamble of a statute provides the general purposes or

objectives that the statute aims to achieve.
➢ Headings: Headings can provide a brief summary of the content of a
section or provision.
➢ Marginal Notes: Marginal notes are brief explanations or summaries
written in the margin of a statute.
➢ Illustrations: Illustrations can help clarify the meaning of a provision by
providing examples.
➢ Definitions or Interpretation Clauses: These clauses provide specific
meanings for certain terms used in the statute. The definition could be
extensive & inclusive or restrictive & exhaustive. The terms so defined
should be held to mean the same wherever used within that particular
statute.
➢ Proviso: A proviso is a clause in a statute that provides a condition or
exception to a rule.
➢ Explanation: An explanation is a statement that makes the meaning of a
provision clear.
➢ Schedules: Schedules are lists attached to a statute that provide
additional details or information.
➢ Exceptions and Saving Clauses – An exception affirms that the things not
exempted are covered under the main provision. Saving clauses are usually
appended, in cases of repeal and re-enactment of a statute, and these
help in sustaining the rights created in the repealed statute and
simultaneously do not confer new rights. Given the purpose served by such
clauses they can be of assistance in the interpretation/construction of
statutes.
➢ Punctuation: Punctuation marks can help clarify the meaning of a text and
can often indicate the intended emphasis, pause, or intonation.
These internal aids can help courts and legal professionals understand the
intent and meaning of a statute.

10) Note on “Role of Long Title and Preamble as Internal Aid

Ans) The Long Title is a part of the Act and is admissible as an aid to
interpretation/construction as has been held in various judicial
pronouncements. Distinguished from the Short Title, it is a good guide
regarding the object, scope or purpose of the Act. The Long Title although
part of the Act, is in itself not an enacting provision and though useful in
case of ambiguity of the enacting provisions. However, if the words in a
statute are unambiguous, no help is derived from the Long Title. In many

18
 Interpretation of Statutes

cases, the Long Title may supply the key to the meaning. It indicates the
purpose of the enactment, but cannot control the express operative provisions
of the Act.
The Preamble is expected to express the scope, object and purpose of the
Act more comprehensively than the Long Title. It may recite the ground and
cause of making the statute, the evils sought to be remedied or the doubts
which may be intended to be settled in the best or most satisfactory manner
It is a key to open the minds of the makers of the Act and the issues
redressed by them in such enactment. However, it is not to influence the
meaning otherwise ascribable to the enacting part unless there is a compelling
reason for it.
Example: In Berubari Union Case (AIR1960 SC 845), the Supreme Court of
India stated that the Preamble is not a part of the Constitution and
therefore, the Preamble has no substantive power. However, in Kashi Prasad
v. State (AIR 1950 All 732), the court held that even though the preamble
cannot be used to defeat the enacting clauses of a statute, it can be treated
as a key for the interpretation of the statute.

11) Short note on ‘Harmonius Construction'?

Ans) When there are in an enactment, two provisions which cannot be
reconciled with each other, they should be so interpreted that, if possible,
effect should be given to both, this is known as rule of harmonious
construction.
The fundamental principle behind this rule is that the legislature does not
intend to create provisions that are inconsistent with each other. Therefore,
the courts should interpret the provisions in a way that harmonizes them. If
it is impossible to completely reconcile the differences in inconsistent
provisions, the court’s decision on the provision then takes precedence.
Relevent Case Law:
In Raj Krishna v. Binod Kanungo (AIR 1954 SC 202), the issue was regarding
a government servant nominating a candidate seeking election and related to
the conflicting Sections 33 (2) and 123 (8) of the Representation of People
Act, 1951. While Section 33 (2) allows a government servant to nominate a
candidate, Section 123 (8) prohibits a government servant from assisting a
candidate. By applying the rule of harmonious construction the Supreme Court
held that Section 123 (8) should be interpreted as permitting a government
servant to vote and to nominate but not to assist a candidate in any other
way.

19
 Interpretation of Statutes

12) What is General Clauses Act 1897? What are its main features?
Ans) The General Clauses Act, 1897 is a fundamental piece of legislation in
India that provides a foundation for interpreting other laws. It is also known
as the Interpretation Act.
The main features of the act are as under:
➢ Consolidating Statutes: The Act consolidates many provisions concerning
the interpretation of words and legal principles into a single statute.
➢ Standardization and Uniformity: The Act provides a standard set of legal
terminology, techniques, and expressions that serve to avoid repetition
and a standard set of concepts used in legislation. It ensures uniformity
of expression in Central Acts by giving definitions of a series of terms in
common use.
➢ Interpretation Aid: The Act serves as a statutory aid to interpretation,
making the statutory language more concise. It provides principles to follow
the meaning of words.
➢ Applicability: The general definitions and principles of interpretation
provided in the Act apply to all Central Acts and Regulations where no
definition is provided, except when its subject or context is objectionable.
➢ Conflict Resolution: The Act provides a clear suggestion for contradictory
sections and distinguishes the acts according to their commencement and
enforcement dates.
➢ The purpose of the General Clauses Act is to place in one single statute
different provisions regarding the interpretation of words and legal
principles, which would otherwise have to be specified separately in many
different Acts and Regulations. So whatever the General Clauses Act says,
whether as regards to the meaning of words or as regards legal principles,
it has to be read in every statute to which it applies, unless there is no
specific provision in that particular statute.

20
 Interpretation of Statutes

Situational Problems

Q1) In Golaknath v State of Punjab, The Supreme Court held that

Amendment to the Constitution is "Law" within the meaning of Art 13 of the
constitution, but the decision would apply for the Future. (a) State the
Famous Principle laid down in the case. (b) Briefly explain the Principle.
Ans a) The principle of prospective overruling was laid down in this case.
Ans b) The doctrine of Prospective Overruling is originated in the American
Judicial System. It dictates that a decision made in a particular case would
have operation only in the future and will not carry any retrospective effect
on any past decisions. This ensures that no party should suffer because of
the change in law or stance of the Court.
This doctrine was first invoked in India by Supreme Court in the case of
Golak Nath v. the State of Punjab by Chief justice Kokka Subba Rao. The
Supreme Court in this case laid down multiple guidelines for using the
doctrine. These guidelines were followed as a precedent and the doctrine was
applied by the Supreme Court multiple times over the years.

Q2) A State law on Education conflicted with the Union law on Education
already enacted by the Parliament. i) Which law on Education would prevail
in the State in the above case? Also state the Article of the Constitution to
support your view. ii) State and explain the doctrine to be applied to resolve
the conflict?
Ans i) In the case of a conflict between a State law and a Union law on the
same subject, the Union law would prevail. This is stated in Article 254 of
the Indian Constitution.
ii) The doctrine applied to resolve such conflicts is known as the Doctrine of
Repugnancy. This doctrine is used to describe inconsistency and incompatibility
between the Central laws and State laws when applied in the concurrent field.
The situation of repugnancy arises when two laws are so inconsistent with
each other that the application of any one of them would imply the violation
of another.
According to Article 254, if any part of State law is repugnant or conflicting
to any part of a Central law which the Parliament is competent to enact, or
to any part of a law of the matter of List III, then the Central law made
by the Parliament shall prevail and the law made by the State legislature
shall become void, to the extent of its repugnancy. This has been further
clarified by the Supreme Court case of M. Karunanidhi v. Union of India.

21
 Interpretation of Statutes

In this case, the Supreme Court held that, where the provisions of a Central
Act and a State Act in the Concurrent list are fully inconsistent and
absolutely irreconcilable, the Central Act will prevail and the State Act will
become void in view of the repugnancy.

Q3) The applicant was asked to pay duties under the Medicine and Toilet
Preparations Act (Excise Duties Act), 1955 on certain preparation. Under
this Act excise duty is payable if it contains alcohol. The appellant argued
that the alcohol means pure alcohol and not alcohol mixed with the preparation
of medicine. (i) Explain the rule of construction that applies here. (ii) Explain
the principles applied in interpreting taxing statute.
Ans i) The rule of construction that applies here is the Literal Rule. This rule
states that words should be given their plain, ordinary, and literal meaning.
If the words are clear and unambiguous, they should be interpreted in their
natural and ordinary sense. In this case, if the Act states that excise duty
is payable if a preparation contains alcohol, then it would mean any form of
alcohol, not just pure alcohol. The appellant’s argument that alcohol means
pure alcohol and not alcohol mixed with the preparation of medicine would not
hold under the Literal Rule of construction.
Ans ii) The various principles applied in interpreting a taxing statute are:
➢ Strict or Literal Rule of Interpretation: Taxing enactments should be
strictly construed and the right to tax should be clearly established.
According to this rule, plain, clear, and direct meaning is given to words
which are used in common parlance by the general public to which such law
is applicable.
➢ Contextual Interpretation: The meaning of a term is understood with
reference to the context or the purpose for which the provision has been
enacted.
➢ Harmonious Construction: When the different provisions of the Act are
harmonized or reconciled in light of the object and purpose of the
enactment in question.
➢ Principle of Beneficial Interpretation: Construction to be more favorable
to the assessee in case of any doubt.
➢ The Golden Rule: Words should be given their ordinary sense unless that
would lead to some absurdity or inconsistency with the rest of the
instrument.
➢ Ejusdem Generis Rule: Where in a statute there are general words
following particular and specific words, the general words must be confined
to things of the same kind as those specified.

22
 Interpretation of Statutes

These principles are not infallible and would depend on the facts of
each case. The courts play a crucial role in interpreting the laws to adapt as
per the needs of the society.

Q4) Mr. P, an employee took a bottle of water from the crate, he was not
permitted to take. The employer took disciplinary action against him and
dismissed him for his conduct. The company's SOP prescribed stealing as an
offence punishable with dismissal from employment.(i) Write about
presumption of interpretation against intending injustice. ii) Are rules and
SOP's made by the employer subject to interpretation by the Court? Give
reasons to your answer.
Ans i) The Presumption against Intending Injustice is a principle of statutory
interpretation that assumes that the legislature, when enacting laws, intends
to enact laws that are honest, fair, and reasonable. It is based on the belief
that laws are made by elected representatives of the people who aim to enact
laws that society considers just and equitable. Therefore, when interpreting
statutes, courts generally presume that the legislature does not intend to
cause injustice.
Ans ii) Yes, rules and Standard Operating Procedures (SOPs) made by the
employer are subject to interpretation by the Court. The reason for this is
that courts play a crucial role in interpreting the laws to adapt as per the
needs of society. The courts deliver justice in a legal matter by interpreting
the underlying principles in these legislations. The Supreme Court has
observed that determining the true meaning of a contract (which can include
employment rules and SOPs) is an iterative process undertaken by courts and
involves the interpretation of the intention expressed by the parties. The
courts are thus required to decipher the meaning behind the language used in
a contract. Therefore, if there is a dispute regarding the interpretation of
rules or SOPs or are not in the natural justice, the court can interpret them
to deliver justice. The leading case in this regard is Nargesh Mirza V/s Air
India wherein, Supreme court struck down the internal regulations of Air
India (Regulation 47) which were arbitrary and discriminatory.

Q5) An Act was passed by the Parliament of India and which got assent on
1 April, 2010 by the President of the country. The Act does not mention its
date of coming into operation. i) When will the Act come into force. ii) Section
5 of the General Clauses Act, 1897 provide for commencement of Statute.
Discuss about Section 5 of the General Clauses Act, 1897.

23
 Interpretation of Statutes

Ans i) If an Act passed by the Parliament of India does not express a

specific date of coming into operation, then it comes into force on the day
it receives the assent of the President. This provision ensures that there is
clarity about when a law comes into effect, particularly in cases where the
Act itself does not specify a date of commencement.
In this case, if the Act received assent on 1 April, 2010, it would have come
into force on that same day.
Ans ii) Section 5 of the General Clauses Act, 1897 provides for the
commencement of a statute. It states that where any Central Act is not
expressed to come into operation on a particular day, then it shall come into
operation on the day on which it receives the assent. This applies to:
➢ A Central Act made before the commencement of the Constitution, in
which case it comes into operation on the day it receives the assent of
the Governor-General.
➢ An Act of Parliament, in which case it comes into operation on the day
it receives the assent of the President.

Q6) The court was concerned to interpret the statute providing that animals
carried on the board ship should be kept in pens. The defendant carrier had
failed to enclose in pens, the plaintiffs sheep, which had accordingly during
the storm being washed over board. Had they been safely penned, this could
not have been happened. However, the object of the law for penning was to
protect them from spreading contagious disease. The Plaintiff filed a suit for
breach of statutory duties, (a) whether the defendant carrier should be held
liable for negligent in not keeping the sheeps in pen? (b) Which rule applies
here?
Ans i) Here as per mischief rule, the defendant carrier cannot be held
responsible/guilty for not keeping the sheep’s penned as damage to sheep is
not on account of the object of the statute i.e due to contagious disease. As
such the suit for breach of statutory duties is not justiafiable.
Ans ii) As mentioned above, the rule which applies in this case is Mischief
Rule. The Mischief Rule is used when a law has been enacted to address a
specific problem (or “mischief”), and the court interprets the law in a way
that suppresses the problem and advances the remedy. In this case, the law
was presumably enacted to prevent the spread of contagious diseases, which
is the mischief that the law aims to suppress. Therefore, the court could
interpret the requirement to keep animals in pens as applying to all situations
where failing to do so could lead to the spread of disease.

24
 Interpretation of Statutes

Q7) The long title of the Juvenile Justice (Care & Protection of Children)
Act, 2015 states that an Act to consolidate and amend the law relating to
children alleged and found to be in conflict with law and children in need of
care and protection by catering to their basic needs through proper care,
protection, development, treatment, social re-integration by adopting a child
friendly approach in the adjudication.
a) Explain the importance of long title in interpretation.
Ans a) Long title is an internal part of the Statute and is admissible as an
aid to its construction Long title has been used by the Courts to interpret
certain provisions of the Statute. It is useful only in removing the ambiguity
and confusion, Long title cannot be used to control the clear meaning of an
enacted provision. But in many cases, long title may supply the key to the
meaning. The long title of the Act determines the scope of the Act, but it
cannot control the express operative provisions of the Act. Long title is not
a conclusive aid to interpret the provisions of the Statute
b) What kind of legislation is the Juvenile Justice (Care and Protection of
Children) Act, 2015.
Ans b) This legislation is of the kind of Beneficial Legislation. It is also called
as Welfare Legislation. It means it is an advantageous legislation. It is based
on the maxim "Salus populi suprema lex" ("the welfare of the public is the
supreme law"), The object of the legislation is to give the benefit to a
particular class of persons e.g. children, women or labour, etc.

Q8) A central Act requires that document be served by post. (a) What is
the meaning of document under General Clauses Act?
Ans a) Under the General Clauses Act, 1897, a “document” is defined as any
matter written, expressed or described upon any substance by means of
letters, figures or marks, or by more than one of those means which is
intended to be used, or which may be used, for the purpose of recording
that matter.
b) What do you mean by service by post under General Clauses Act?
Ans b) “Service by post” under the General Clauses Act, 1897 refers to the
process of serving any document by post. Section 27 of the General Clauses
Act, 1897 provides the meaning of service by post. It states that where any
Central Act or Regulation made after the commencement of this Act
authorizes or requires any document to be served by post, whether the
expression “serve” or either of the expressions “give” or “send” or any other
expression is used, then, unless a different intention appears, the service

25
 Interpretation of Statutes

shall be deemed to be effected by properly addressing, pre-paying and

posting by registered post, a letter containing the document.
c) When the service shall be deemed to have been effected?
Ans c) Unless the contrary is proved, the service is deemed to have been
effected at the time at which the letter would be delivered in the ordinary
course of post. This means that once a document is properly addressed,
prepaid, and posted by registered post, it is assumed to have been served.
The onus is on the recipient to prove otherwise.

Q9) A Central Act defined the Offences but failed to prescribe the
procedure for recovery of Fines for the Offences made out
a) Explain the provisions of the General Clauses Act applicable in the above
case.
Ans a) In the present case, since the Central Act as defined under the
General Clauses Act, 1897 failed to prescribe the procedure for recovery of
Fines for the offences made out, the provisions of Section 25 of the General
Clauses Act, 1897 shall be applicable. Section 25 of the General Clauses Act,
1897 deals with the "Recovery of fines". It states that Sections 63 to 70
of the Indian Penal Code, 1860 and the provisions of the Code of Criminal
Procedure for the time being in force in relation to the issue and the
execution of warrants for the levy of fines shall apply to all fines imposed
under any Act, Regulation, rule or bye-law, unless the Act, Regulation, rule
or bye-law contains an express provision to the contrary.
This means that the procedures outlined in the Indian Penal Code and the
Code of Criminal Procedure for the collection of fines apply to all fines
imposed under any Act, Regulation, rule or bye-law, unless there is a specific
provision stating otherwise in the concerned Act, Regulation, rule or bye-law.

b) What is an Offence under the General Clauses Act?

Ans b) As per Section 3 (38) of the GC Act, "offence", shall mean, any act
or omission made punishable by any law for the time being in force. This
means that an offence is any unlawful act or failure to act that is made
punishable under any current law.

26