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S.Y.LLB SEM IV UMANG SHAH

LFSA

INTERPRETATION OF STATUTES
INTERNAL NOTES
Unit I
1) A statute or an Act of Parliament is the will of legislature.
2) A Bill is the draft of an Act of Parliament or legislature of any state submitted to the Legislature
for discussion and to pass it as an Act.
3) Maxwell defines statute as the will of the legislature.
4) A statute is an instrument of modern societies, expressing relationship between the individual
and the state.
5) As per Sutherland, “a statute is merely a structural device through which the determined
principle set forth by the Legislature is preserved for the regulation of private conduct and for
the limitation of Governmental activity.”
6) Classification of Statutes: (a) Public and Private, or (b) General or Local and Personal.
7) A Public Act is one which is judicially noticed, while a Private Act has to be proved in the court.
8) A General Act is to apply to the whole community; it is not limited in its area and its effect.
9) Defects in statutes arise mostly due to the following causes :
(a) Mistakes in printing, drafting or legislation,
(b) Ignorance of draftsmen, and (more or less)
(c) Intentional obscurities, perplexities or imperfections.
10) Mistakes in printing or drafting are not rare and occur from time to time in the Acts of
Parliament.
11) “If the mistake has been made, the legislature can alone correct it.” – Lord Hannen.
12) As a general rule, a court of law is not authorised to supply a casus omissus or to alter the
language of a statute for the purpose of supplying a meaning, an obvious misprint in an Act of
parliament can be corrected.
13) Ignorance of draftsman is more often displayed in private member’s Bill.
14) Intentional obscurities, perplexities are often inserted with a view to facilitate the passage of
the Bill through Parliament without much debate thereon.
15) Intentional obscurities, perplexities are often resorted to with a view to avoid political
difficulties by reducing the area of amendment.
16) Intentional obscurities, perplexities can be achieved by putting very long clauses, elaborately
divided into many sub-divisions, so that it may escape wide criticism of the opposite political
parties.
17) Obscurity of statutes arises from the facts that the interpreter has to bear in mind large
masses of bygone and not always consistent legislation.
18) “Common law is but a general custom and it probably was introduced by the consent of
people.” – Blackstone.
19) Allen distinguishes custom from common law on the ground that custom is not usually a
matter of record and has to be proved from practice.
20) “The difference between customary law and an ordinary common law is infinitely less than
difference between international law and municipal law.” – Allen.

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21) The common law is but part of the general law of England formulated, developed and
administered by the crown’s judges.
22) “The phrase common law was borrowed from the cannonists in the 13th century, meaning
both in its lay and in its ecclesiastical (of or pertaining to church) use-general as opposed to
local law and custom.” – Roscoe Pound.
23) Statutes are not offhand products as criticized, but represent long and careful study by experts
and meticulous consideration by committees, association and press discussions in which
public opinion is reflected upon all important details as well as hearing before the legislative
bodies.
24) “When an Act of Parliament is against common right and reason or repugnant or impossible
to be performed, the common law will control it and adjust such Act to be void” – Coke’s
dictum in Bonham’s case.
25) If it is the intention of the legislature in passing a new statute to abrogate the previous
common Law on the subject, then the statute must prevail over common law.
26) “The statutory right could not, without very great convenience, co-exist with the common law
right, and must have been intended as a substitutional, not an additional remedy.”- Lord
Cranworth.
27) The statutes earlier than the reign of Edward III were styled as vetera and those from the reign
of Edward III were nova statua.
28) The public Acts do not have to be formally proved in court, while a private Act has to be proved
by the production of a printed copy, and if not printed for sale, it must be proved by an
examined or a certified copy of the original from the Record Office.
29) Crawford observes that the paramount purpose of a declaratory Act is to remove doubts as
to the meaning of existing law and to correct a construction considered errorneous by the
Legislatures.
30) If there is a doubt about the meaning of the existing law, or if the Parliament finds that there
is a judicial error in the statement of the Common Law or in the interpretation of statutes, the
necessity arises for passing a declaratory Act.
31) Declaratory statutes are generally retrospective in their effect.
32) The declaratory statutes do not create any new rights.
33) Consolidation is the act of combining in a single Act of Parliament all the provisions relating to
a particular topic, making only minor improvements.
34) As per Lord Watson, the very object of consolidation is to collect the statutory law bearing
upon a particular subject and bring it down to date, in order that it may form a useful Code
applicable to circumstances existing when the consolidating Act was passed.
35) The object of codification is to arrange and to reduce the whole of corpus juris, so far as
practicable, to the form of enacted law.
36) Codification is the latest device to bring about simplicity, uniformity and symmetry in the legal
principles.
37) Harmony, simplicity and accessibility are the main objectives of codification.
38) Certainty in law is the basic principle of codification.
39) “The purpose of a codifying statute is to present an orderly and authoritative statement of
the leading rules of the law on a given subject, whether those rules are to be found in statute
law or common law.” – Halsbury.
40) A remedial statute is one which is intended to cure some immediate mischief or validate errors
or irregularities in legal or administrative proceedings.
41) A remedial Statute cannot validate a prior unconstitutional statute.
42) Remedial Acts may either be ‘enlarging’ or ‘restraining’.

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43) A statute which makes it lawful to do something which would not otherwise be lawful is called
an enabling Act.
44) One of the principle of law with regard to the effect of an enabling Act is that if the legislature
enables something to be done, it gives power at the same time, by necessary
implication(effects), to do everything which is indispensable(necessary) for the purpose of
carrying out the purpose in view.
45) The enabling words in a statute are to be construed as compulsory, whenever the object of
the power is to effectuate a legal right.
46) Where the legislature lays down in express terms the mode of dealing with a particular matter,
it excludes any other mode except as specifically authorised. (Expressio unius est exclusion
alterius)
47) A Disabling Statute is a statute which makes it lawful to prevent or to abolish such rights which
are embodied in a particular statute to do.
48) A statute which enumerates and declares such acts which are treated as crime is called a Penal
Statute. For example; Indian Penal Code, Essential commodities Act and smugglers and
Foreign Exchange Manipulators(Forfeiture of Property) Act etc.
49) Taxing or Fiscal statutes are statutes which imposes taxes on certain people, trade, commerce
and professions.
50) The main object of Taxing Statutes are to collect revenue for the Government.
51) Explanatory Statutes explain and interpret the certain statutes.
52) Amending Statutes are aimed to amend certain existing laws.
53) Repealing Statutes are aimed to repeal certain existing statutes.
54) The main objectives of Validating Statutes are to validate certain void or invalid provisions of
some statutes.
55) When an act done in breach of a statute, it is a Mandatory or Imperative Statute.
56) If no inconvenience is caused to innocent persons by the breach of the provisions, it may be
treated as directory or permissive statute.
57) When a duty is created by a statute and there is no option but to do it in the manner
prescribed by the statute, it is imperative statute.
58) Statutes can be classified by duration into ‘Temporary’ and ‘Perpetual’.
59) A temporary statute is one on the duration of which a time limit is put by the legislature.
60) A temporary Act is brought into force sometimes as an experimental measure and if it is found
effective, it is continued or if it is not continued, it ceases to have a further effect.
61) A person cannot be prosecuted and convicted for an offence against the Act after it has
expired, unless there is any saving provision, saving thereby the rights accrued or liabilities
incurred under the Act.
62) When a temporary Act expires, all appointments, notifications, orders, schemes, rules, forms
or bye-laws made or issued under the Act will not revive even if the provisions of the expired
Act are re-enacted because section 24 of the General Clauses Act does not apply to such cases.
63) An Act is Perpetual when no time-limit is put by the legislature for its duration.
64) No contrary practice or disuse can repeal the positive enactment of a statute.
65) No Act can be absolutely perpetual because every Act is capable of being repealed, modified,
altered or nullified by subsequent Acts of Parliament.

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66) Classification of Statutes :

(1) (2) (3) (4)
Classification Classification with Classification with Classification with
with reference reference to object reference to method reference to duration
to subject
matter
(1) Public (1) Declaratory (1) Mandatory (1) Permanent
Statutes Statutes Statutes Statutes
(2) Private or (2) Consolidating (2) Imperative or (2) Temporary
Local Statutes Statutes Obligatory Statutes Statutes
(3) Codifying statutes (3) Directory or
Permissive statutes
(4) Remedial Statutes
(5) Enabling Statutes
(6) Disabling Statutes
(7) Penal Statutes
(8) Taxing or Fiscal
Statutes
(9) Explanatory
Statutes
(10) Amending
Statutes
(11) Repealing
Statutes
(12) Validating
Statutes
67) Earlier, the function of interpretation was confined to the finding out of the true sense of the
words, that is, the sense which the author intended to convey and nothing further.
68) The function of construction was the drawing of conclusions respecting subjects that lay
beyond the direct expression of the text from the elements known from and given in the text.
69) “It is difficult to distinguish between interpretation and construction, since it is difficult to say
when interpretation leaves off and construction begins.” – Dias.
70) The difference between interpretation and construction depends very much on the attitude
of the court towards the legislative provision in question.
71) Salmond and Justice White does not distinguish between the terms of interpretation and
construction.
72) The main purpose of interpretation is to find out what is expressly or impliedly meant by the
language of the statute.
73) Interpretation or Construction is a technique of judicial process by which the intention of the
legislature is to be determined.
74) Interpretation is necessary to settle the conflicting interests of the parties and to determine
the intention and purpose of the statute.

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75) Interpretation helps to avoid the ambiguities and repugnancy of statutes and provide the
honour and value of the judgments.
76) The Interpretation of the statues is the primary function of the Courts.

Unit II
 Literal Rule:
77) The duty of the judicature is to discover and to act upon the true intention of the Legislature-
the mes or sententia legis.
78) Ita scripta est is the first principle of interpretation.
79) Literal interpretation of statutes is acclaimed as the safest guide to legislative intent.
80) A court of law is bound to proceed upon the assumption that the legislature is an ideal person
that does not make mistake.
81) The speech in the course of parliamentary debates cannot be used to defeat or detract from
a meaning which clearly emerges from a consideration of the enacting words actually used.
82) The meaning of the expression ‘literal rule of interpretation’, according to various authorities
is that the words, if precisely plain and unambiguous (clear) should be given their natural and
ordinary meaning.
83) “The words of a statute must be interpreted in their ordinary grammatical sense.”- Lord
Atkinson.
84) In the case of Tamil Nadu State Electricity Board V. Central Electricity Regulatory
Commission, the Supreme Court laid down the principle that deviation from literal rule of
interpretation is not permissible if there is no ambiguity in language of statute.
85) The fundamental rule of construction is to find out the intention of the legislature from the
words used in the statute.
86) “Express enactment shuts the door to further implications.” – Lord Dunedin.
87) Consequences of the Literal rule:
1. No statutory enactment may be treated as null and void or unconstitutional.
2. A statute may not be extended to meet a case for which provisions has clearly and
undoubtedly not been made.
3. Casus Omissus is not to be created or supplied.
4. Statutory provisions are not to be circumvented (avoided) to give relief to a party.
5. No court of law is to interfere with mere evasion of an Act, if it does not involve a positive
breach of law or fraud upon the statute.
6. Wide language of a statute is to be given a wide construction.
7. Every word of a statute is to be given a meaning.
8. Main part of a section to be construed in conformity with the proviso to the section, or
explanation, if any thereto.
88) If the legislature, in enacting a statute, has omitted anything (casus omissus), it is certainly not
the duty of the court to add such words or read words into it which are not there.
89) A statute must be given effect to whether a court likes the result or not.
90) A Court of law cannot interfere to prevent a mere evasion of an Act of Parliament.
91) “Every word in a statute is to be given a meaning and accordingly, a construction which would
leave without effect any part of the language of a statute will normally be rejected.” –
Maxwell.

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92) The main part of a section must not be construed in such a way as to render a proviso to the
section redundant. In other words, the principal clause and the proviso must be read and
construed together.
93) Expressio unius est exclusio alterius – Where in a given context a phrase or word is capable of
two interpretations, the expressed mention of one of the possibilities excludes the other
possibility.
94) The Noscitur a Sociis – Construction of words with reference to words found in immediate
connection with them.
95) Optima est legum interpres conseutudo - It is said that the best exposition of a statute or any
other document is that which it has received from contemporary authority.
96) Contemporanea expositio est fortissima in lege – Contemporaneous exposition is the best and
strongest in law.
97) The rule of Contemporanea expositio is primarily applied to Old Statutes.
98) The ecclesiastic cases are single class of cases in which rule of Contemporanea exposition is
invariably applied.
99) The rule of Contemporanea expositio is not applicable to modern statutes.

 Golden Rule:
100) According to Maxwell the so called ‘golden rule’ is a modification of literal rule.
101) As per Golden Rule of Construction, the language of the statute may be modified to
avoid the absurdity or repugnancy where literal interpretation leads of such absurdity.
102) Quia ratio legis est anima legis – The letter of the law is the body of the law, and the
sense and the reason of the law is the soul of the law.
103) The object of the Golden rule of construction is to avoid absurd and anomalous
results.
104) “It is doctrine (Golden Rule) which must not be relied upon and must not be used to
re-write the language in a way different from that in which it was originally framed.” – Lord
Green.
105) When the language of a statute is mere directory and it is impossible to follow the
direction, the court would give effect to the doctrine of cy-pres, and say that the direction
should be carried out as nearly as possible.
106) It is well-settled rule of construction that where in an enactment two provisions
cannot be reconciled with each other, they should be so interpreted that, if possible, effect
should be given to both and where one of the two conflicting provisions is more general, it
would be advisable to construe the more general one so as to exclude the more specific.
107) If the literal construction appears to be opposed to the intention of the legislature as
apparent from the statute, and if the words are sufficiently flexible to admit of some other
construction by which that intention may be better expressed, the courts should not hesitate
to give effect to that alternative construction.
108) “Where manifest injustice or hardship is likely to arise from grammatical construction,
departure from the rules of grammar is permissible.” – Maxwell.
109) In case of Molar Mal V. M/s. Kay Iron Works Private Ltd., the Supreme Court observed
that Golden rule of interpretation is one of the exception of the literal rule of interpretation.
In this way it can be concluded that ‘Golden rule of interpretation is that there is no Golden
rule of interpretation”.

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 Mischief Rule or Rule in Heydon’s case:

110) “The first duty of the Court is to make a sense of the language used in statute and if
possible, the words of an Act of Parliament must be construed so as to give a sensible meaning
to them.” – Brown L.J.
111) The rule in Heydon’s case is popularly known as the ‘Mischief Rule’.
112) The intention of the Mischief Rule is always to make such construction as shall
suppress the mischief and advance the remedy.
113) The Mischief Rule was first reported in 1854.
114) In the case of U.P. State Agro Industrial Corporation Ltd. V. Kisan Upbhokta Parishad,
the Supreme Court observed that word used in the statute or order should have the specific
meaning. Language is a tool of communication between human being and hence that meaning
should be given which helps communication between people.
115) The Literal Rule can always be buttressed with the aid of the mischief rule.
116) Mischief Rule is not applicable when words are capable of one meaning only.
117) Unless there is any ambiguity in the words to be construed, the application of the
mischief rule is uncalled for.
118) Where alternative constructions are equally open, that alternative is to be chosen
which will be consistent with the smooth working of the system which the statute purports to
regulate.
119) Consideration of the mischief aimed at may also lead to a restricted interpretation of
a statute.
120) Ex-visceribus actus – For the purpose of effective and reasonable construction one
must read the whole statute and not merely part of it, for no one can rightly understand any
part without pursuing the whole again.
121) In the case of In re Gujarat Assembly Election matter, the Supreme Court laid down
the principle that the intention of the law-makers expressed in the law be taken as whole. The
reason and purpose for a statute is the safest guide to its construction.
122) In State of W.B. V. Union of India, Sinha, C.J. (Supreme Court), says that the court must
compare the clause to be construed with the other parts of the statute and the setting in
which the clause to be interpreted occurs.
123) The rule of construction ex-visceribus actus is often adopted by the courts to arrive at
the true meaning of any particular phrase in a statute by comparing it with other clauses, or
by reading it in the context in which it has been used.
NOTE: For revision purpose only. Students are advised to refer materials provided by faculty and reference
books. This material does not cover full syllabus.

S.Y.LLB SEM IV INTERNAL NOTES INTERPRETATION OF STATUTES