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INTERNAL AIDS TO INTERPRETATION

Language and its Limitation.

What is statute? Its Origin, Nature & Scope.

Basic Approach

(a) Read Statute as a whole and(b) If language is plain, do not stretch/Contract it.

Difficulty arises when language is not clear. Hence, role of interpretation/construction and their distinction.

Broadly two interpretation aids are available :-

(1) Internal aids – which are existing in the statute itself.(2) External aids - which are found outside the statute.

(1) PREAMBLE

Dictionary meaning : Introduction or Preliminary Statement

Preamble contains main object of the Act.

Preamble cannot be referred , if language of the enactment is clear.

Preamble is the key to open the mind of the makers of the Act and the mischief which they intended to remove.

See:1)Kesavanand Bharati V/s State of Kerala (1973-SC)2)State of West Bengal V/s Anwar Ali (1952 – SC)3)Kedar Nath V/s State of West Bengal (1953- SC)4)Rastriya Mill Mazdoor Sangh V/s N.T.C (1996- SC)

Short/ Long Title - Purpose of title is to give a general description about the object of the Act.

Long Title is part of the Act

Title not considered if language is clear.

See:1)Ashwini Kumar V/s Arbinda Bose (1952- SC)2)Manohar Lal V/s State of Punjab (1961-SC)

(2) TITLE

Heading are of two kinds :-(1) Heading prefixed to a section(2) Heading prefixed to a group or set of sections.

Conflicting views on the weightage to be attached Heading is not useful if language is clear.

See:Bhinka v/s Charan Sing (1959 - SC ) – quoted Maxwell on Interpretation

(3) HEADING

Inserted at the side of sections and express the effect of sections. Unlike Constitution of India, marginal notes in other enactments are added by drafters.

Not part of the statute and hence, not great weightage laid upon them

Conflicting views, however, majority against relying upon marginal notes

See:(1) Charanlal Shah v/s NandKishor Bhatt ( 1973 - SC )(2) Bengal Immunity Co. Ltd V/s State of Bihar (1955-SC)(3) S.P. Gupta v/s President of India (1982 - SC )

(4) MARGINAL NOTES

Full-stop, comma, colon, Semi-colon, hyphen, oblique, bracket etc.

Prior 1850 in England, Punctuation played no role in interpretation. Act

tabled for Royal Assent had no punctuations.

Courts usually give importance to them but if thereby the meaning

obtained is doubtful then the courts interpret the provisions as if no

punctuation marks exist and arrive at the meaning.

See:

1)Shambhunath Sarkar V/s State of West Bengal (1973 - SC )

2)Moh. Shabir v/s State of Maharashtra (1979 - SC ) Section 27 of Drugs and

Cosmetics Act (Storing)

3)Hanlon V. law Secretary (1980 All ER)

(5) PUNCTUATION

Provisions - practically explained with Illustrations.

Illustrations are not treated as complete or exhaustive. They cannot control plain meaning of the section.

No extended or restricted meaning can be given to provision on the basis of illustrations.

Reference to section 299, 300, 88 of IPC, section 9, 64, 65 and 75 of Indian Contract Act.

See:1) Mahomed Syedol Arifin V/s Yeah Orai Gark (PC)

(6) ILLUSTRATIONS

Natural meaning of some words are extended or restricted through definition/ interpretation clause in the enactment.

Definition could be borrowed from an earlier Act. Legislation by reference and incorporation.

Definitions are sometimes artificial. May ascribe to normal meaning, extend it or restrict it.

Following words indicate definition(1) ‘Means’ ........ Exhaustive(2) ‘Means and includes’ ……” Exhaustive

(3) ‘Includes’ ...... enlarges ordinary meaning(4) ‘denotes’ ...... confined to the ambit of the word.

(5) ‘deemed to be’ ...... creates a fiction(6) ‘that is to say’ ...... Illustrative of meaning

See:(1)State of Bombay v/s Hospital Mazdoor Sabha (1960 - SC)(2) Hotel Catering Board V/s Automobile Proprietary Limited (1968-SC)

(7) DEFINITION and INTERPRETATION CLAUSE

Ordinarily to except something which but for the proviso would have fallen in the main enactment

Not to be construed as excluding or adding something by implication

Construed in relation to section or sections to which it is appended to

Used as a guide for construction of the enactment

At times added to allay fears – Kent’s Commentaries on American Law

At times a fresh enactment

Distinction between proviso, exception and saving clause

See:(1)T. Devdasan v/s Union of India (1964-SC)(2) Ishwarbhai v/s Motibhai (1966 - SC)

(8) PROVISO

(9) EXPLANATION

Explain the meaning of the provision

It is part and parcel of the enactment

Explanation may be added in a declaratory form to retrospectively clarify a doubtful point of law or to serve as a proviso to the main section or ex abundanti cautela to allay fears

See:(1)Bhita Co-operative Development V/s Bank of Bihar (1967-SC)(2)Abdul Latif Khan V/s Abadi Negum (PC)

Schedule appended to the statute are part of the Act

Added towards end to avoid encumbering the section with matters of excessive detail

Occasionally they contain such rules and forms which can be suitably amended to local or changing situations

The division of the statute into sections and schedules is a matter of mere convenience

In case of conflict between the body of the Act and the Schedule, former prevails

See:1)Aphali Pharmaceuticals Ltd. v/s State of Maharashtra (1989–SC)

(10) SCHEDULE

It enacts as to how the statute will operate on the facts and circumstances on the date when it comes to operation.

It is not possible to give a descriptive description of what constitutes a transitional provision.

It may also be of the nature that it remains in force till the main provisions of the statute come into operation.

(10) TRANSITIONAL PROVISION

PARLIAMENTARY HISTORY

Object and reasons behind the enactment of the statute to be considered

In England, for Interpretation, generally, arliament Intention, History, Statutes, Main bill of Proposed Act, Amendments, Bill introducing minister’s Statements etc are all Irrelevant. America, to the contrary

See:1)A.K. Gopalan case (1950)2)K.P.Vargeese v/s Income tax Officer (1981)

HISTORICAL FACTS & SURROUNDING CIRCUMSTANCES

Historical perspective behind enactment of an Act provides useful guide for interpretation.

Old Act, its jurisdiction, objects and reasons for enactments, typical language used therein all invite one to go down in past and refer to historical backdrop.

See:1)Bridge Roods & Co V/s Union of India (1963-SC)

LATER SOCIAL, ECONOMIC, POLITICAL DEVELOPMENT & SCIENTIFIC INVENTION

Court must apply the statute to the work as it exists today and

Statute must be interpreted in the light of the legal system as it exists today

Reference to earlier Act, does not mean that it should be held inapplicable to the social, political and scientific developments

See:1) Senior Electric Inspector V/s Laxminarayan Chorpa (1962-SC) –Sutherland on Statutory Construction

REFERENCE TO OTHER STATUTES

Interpretation of a given provision is based on study of its context / reference.

Major ways to study Context / Reference are through:-

a) Statutes in Pari Materia

b) Assistance of Earlier Statutes

c) Assistance of Later Statutes

(A) STATUTES IN PARI MATERIA

There are two or more statutes on same subject matter which are enacted by competent authority and hence meaning of word clause or phrase of one statute is applied in the case of same word, clause or phrase in Pari Materia Statutes.

See:(1)State of Assam v/s P. Barua (1969-SC) Income Tax Act,1922 v/s Assam Agricultural Act, 1939(2)Ram Chander v/s Union of India (1981-SC) (3)MSCO v/s Union of India (1985 – SC ) I.D. Act,1947 and Customs Act, 1962 not pari materia

Illustrations of Pari Materia Statutes

General Clauses Act,1897- The Bombay General Clauses Act,1904

Indian Court Fees Act,1870 - Bombay Court Fees Act,1959

Code of Civil Procedure,1908 – Code of Criminal Procedure 1973

Industrial Dispute Act, 1947 – Bombay Industrial Relations Act, 1946

(B) ASSITANCE OF EARLIER STATUTES

Repealed Act v/s Reenacted / Reconstituted Act.

In Later Acts, words sometimes carry same meaning as in the case of Repealed Act.

Constitution of India Article 245(1), 246 are similar to s. 99(1) & 100 of Government of India Act, 1935.

(C) ASSITANCE OF LATER STATUTES

When Earlier Act (in time) is vague or uncertain in some respect then later Acts sometimes provide meaning to them.

See:1)State of Bihar v/s S.K. Roy (1966-SC) 2)Ammini v/s State of Kerala (1998-SC )

USE OF DICTIONARIES

Dictionary is not treated as final authority. When no help from other sources available, dictionary provide general guidance, help

Technical and Legal Terms – Technical Dictionaries

Regard still must be had to the context

See:1) Mangoo Sing V/s Election Tribunal (1957-SC)

USE OF FOREIGN DECISIONS

No use when meaning is clear. However, many principles of law (like ‘natural justice’) are based on foreign principles.

The assistance is limited (Statutory construction must be home spun even if hospitable to alien thinking)

See:1)A.K. Gopalan Case (1950-SC)2)Ranjit Udeshi v/s State of Maharashtra (1965-SC)S. 292 of IPC – Sale of Obscene books, Whether Obscene ? Foreign Decisions referred.

EFFECT OF USAGE AND PRACTICE

Contemporaenous Expositio

Usages and practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion and in case of an ancient statute, such reference to usage and practice is an admissible external aid to its construction. See:1) National and Grindlays Bank V/s Municipal Corporation (1969 SC)

Presumption that words are used in the same sense throughout a statute.

Weak presumption, readily displaced by the context.

Presumption is at its weakest when the word in question is of the kind that readily draws its precise import, its range of meanings from its immediate setting or the nature of the subject with regard to which it is employed.

See:

1) Bhogilal Chunnilal V/s State of Bombay

(1) SAME WORD, SAME MEANING

(2) USE OF DIFFERENT WORDS

When different words are used in relation to same subject matter, presumption that they are not used in the same sense.

CIT V/s East West Import & Export (1989 SC)

“at the end of the previous year” and “in the course of such previous year” appearing in section 23A of Income Tax Act, 1922 were interpreted differently.

(3) USE OF LAST ANTECEDENT

Relative and qualifying words, phrases and clauses are applied to the antecedent immediately preceding.

Definition of “premises” in the Bombay Land Requisition Act, 1948 stated “any building or part of a building let or intended to be let separately”. It was held that the words, “let or intended to be let separately” did not qualify the word “building” but only the words “part of a building”.

(4) NON- OBSTANTE CLAUSE

“Notwithstanding anything contained in this Act or in some particular provision in the Act or in some particular Act or in any law for the time being in force”

Later enactment prevails over the former.

Special enactment prevails over the general one.

Resolves conflicts between laws.

See:1) T. R. Thakur V/s Union of India (1996-SC)

(5) LEGAL FICTION

“When a statute enacts that something shall be deemed to have been done, which in fact and in truth was not done, the court is entitled and bound to ascertain for what purposes and between what persons the statutory fiction is to be resorted to”.

“Full effect must be given to the statutory fiction and it should be carried to its logical conclusion”

A legal fiction created in terms enacted “for the purposes of this Act is normally restricted to that Act and cannot be extended to cover another Act”.

See:

1)Union of India V/s Jalan Udyog (1996-SC)

2) State of Bombay V/s Pandurang Vinayak (1953 –SC)

(6)MANDATORY AND DIRECTORY PROVISIONS

A mandatory enactment must be obeyed or fulfilled exactly but it is sufficient if a directory enactment be obeyed or fulfilled substantially.

When consequences of nullification or failure provided in the statute, the statute is mandatory.

Use of negative words usually mandatory. “Not less than three months notice” indicates a clear mandatory provision.

Affirmative words can be used to exclude all that is not covered.

The use of word “shall” generally indicates an imperative unless context shows otherwise.

Use of word “may” indicates directory provision. Enabling provision.

(7) CONSTRUCTION OF CONJUNCTIVE /DISJUNCTIVE WORDS

Or” is normally disjunctive and “And” is conjunctive, but at times they are read as vice versa.

“Owner and Master” to be guilty – Does a person have to be both owner and master of a ship to be held guilty? Or are both persons guilty?

(8) CONSTRUCTION OF GENERAL WORDS

Examples of general words – “in any legal proceeding whatsoever”, “any connection whatever”, “every place”, “in all its form”, “or any other”.

Normal rule – general words must receive a general construction unless there is something in the Act itself such as the subject-matter with which the Act is dealing or the context in which the said words are used to show the intention of the Legislature that they must be given a restrictive meaning. Words and particularly general words cannot be read in isolation; their colour and content are derived from their context.General words and phrases, however wide and comprehensive they may be, in their literal sense must usually be construed as being limited to the actual object of the Act.

Noscitur a Sociis – the meaning of the word has to be judged by the company it keeps

Ejusdem Generis – When particular words pertaining to a class, category or genus are followed by general words, the general words are construed as limited to the things of the same kind as those specified

Bharat RaichandaniAdvocate

PartnerUBR LegalAdvocates

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