PAPER - IV

INTERPRETATION OF STATUTES CODE:

HACI

OBJECTIVES OF THE COURSE:

THE AIM OF THE COURSE IS TO ENABLE STUDENTS TO UNDERSTAND AND APPLY VARIOUS
RULES OF INTERPRETATION AND JUDICIAL APPROACHES TOWARDS THE USE OF CANONS OF

CONSTRUCTION .
THE VARIOUS THEORIES OF JUDICIAL PROCESS AND INTERPRETATION WILL BE INTRODUCED
THROUGH THE STUDY OF SCHOLARLY ARTICLES.

UNIT I INTRODUCTION

Meaning, Objectives & Scope of Interpretation, Construction and Statute

Distinction between Interpretation and Construction; Functions of the Legislature,
Executive and Judiciary Judicial Activism and Judicial Restraint; Law and Social
Control Law and Public Opinion Relevance of Rawls's Theory of Equality Law
and Morals Law making through interpretation.

UNIT II MEANING AND KINDS OF STATUTES

Meaning of Statute Statute as a source of Law Different Kinds of Statutes with

respect to Operation, Operative Nature and Objectives Parts of a Statute
Commencement Operation of Statutes Principles for Retrospective operation in
relation to various kinds of Statutes Statutes regarding Appeals Statutes affecting
finality of orders Expiry, Repeal and Revival of Statutes General Presumptions in
IoS.

UNIT III PRINCIPLES & RULES OF STATUTORY INTERPRETATION

Significance of Interpretation Intention of the Legislature Plain or Ordinary

Meaning and its appraisal Rule of Literal Construction Natural & Grammatical
Meaning Common Parlance Test Beneficial Construction Harmonious
Construction Golden Rule and Mischief Rule Purposive Construction
Interpretation of Special/Particular Statutes Rule of Strict Construction of Penal and
Taxing Statutes Construction of Amendments Other Miscellaneous Rules of
Interpretation The General Clauses Act, 1897 Nature, Scope and Relevance
Subsidiary Rules of Interpretation;
UNIT IV AIDS TO INTERPRETATION

Meaning of Aids for Interpretation Kinds of Aids Internal Aids Titles, Preamble,
Heading and marginal notes, Sections and sub-sections, Punctuation Marks,
Illustrative exceptions, provisos and saving clauses, Schedules, Non-obstante clause;
External Aids Dictionaries, Translations, Travaux preparatories, Statutes in
pari materia, Contemporanea Exposition, Debates, Inquiry Commission Reports and
Law Commission Reports; Differences between Internal and External Interpretative
Value of these Aids
UNIT V INTERPRETATION OF THE CONSTITUTION

Meaning of Constitution and Interpretation of Constitution Principles and Theories

Presumptions in Constitutional Law (i) of Constitutionality, (ii) against Exceeding
Constitutional Powers, (iii) against Exceeding Territorial Nexus, (iv) against Ouster of
Jurisdiction of Courts, (v) against changes in Common Law, (vi) against intending
Anomaly, Ambiguity, Absurdity, Hardship, Redundancy and Repugnancy (vii) against
violation of International Law Doctrines in Constitutional Law Severability,
Eclipse, Pith and Substance, Colourable legislation, Ancillary powers, Occupied
field, Residuary Power, Doctrine of repugnancy Operative effect of Indian Law
with reference to Foreigners and related principles of International Law; Interpretation
of Delegated Legislation Forms, Limits and Judicial Review.

BOOKS PRESCRIBED:

1. P. St. J. Langan, Maxwell on the Interpretation of Statutes, Lexisnexis, 12th

Edition, 1969
2. V.P.Sarathi, Interpretation of Statutes, Eastern book Company, 5th Edition, 2010.
References:
3. G.P. Singh, Principles of Statutory Interpretation, Lexisnexis, 13th Edition, 2012 4.
N.S. Bindra, Interpretation of Statutes, Lexisnexis, 2013 3. Bakshi BM, Interpretation
of Statutes, Orient Publisher, 2008
5. P.M.Bakshi , Interpretation of statutes , Thomson reuters, 2nd edition, 2016

BOOKS RECOMMENDED:

1. Jeremy Bentham , Theories of legislation, Oxford University Press, London,

1914
 2. Jeremy Bentham, An introduction to principles of Moral and Legislation,
Batoche books, Kitchener , 2000
3. Thornton.G.C, legislative drafting, Butterworths,4th Edition, 1996
4. P. K. Tripathi , spotlights on constitutional interpretation,N.M tripathy pty, ltd,
1972.
5. Swarup Jagadish, Legislation and Interpretation, Dhandewal Publishing house,
1st edition , 1968
6. Ronald Dworkin , Laws Empire, Harvard university press, 1986

SUGGESTED READINGS:

Frederick Schauer, A Critical Guide to Vehicles in the Park, 83 New York University Law
Review 1109 (2008)

Max Radin, Statutory Interpretation, 43 Harvard Law Review 863 (1930).

Ronald Dworkin, Integrity in Law, in Laws Empire (Universal Law Publishing Co).,
pp.225-250

Ronald Dworkin, Statutes, in Laws Empire (Universal Law Publishing Co)., pp.337-353

Upendra Baxi, The Travails of Stare Decisis in India, in Legal Change: Essays in honour
of Julius Stone (A.R. Blackshield ed.)

Justice B.N.Srikrishn, Maxwell v. Mimansa, (2004) 6 SCC (Jour) 49,

http://www.ebc-india.com/lawyer/articles/2004v6a5.htm

****