Objectives of the course
As it is difficult to have legislations without ambiguous provisions, there is a need to make
proper study of the rules and principles relating to interpretation of statutes. Legislation is the
major source of law of the modern era. Legislatures enact laws after much deliberation. No doubt
in this process they have to take into account the present and future needs of the people. What
are the matters to be reckoned with by legislature while enacting laws? With the emergence of
legislation, interpretation of statutes became a method by which judiciary explores the intention
behind the statutes. Judicial interpretation involves construction of words, phrases and
expressions. In their attempt to make the old and existing statutes contextually relevant, courts
used to develop certain rules, doctrines and principles of interpretation. Judiciary plays a highly
creative role in this respect. What are the techniques adopted by courts in construing statutes?
How far are they successful in their strategy? With the above problems and perspectives in view.
this paper is framed.
UNIT- I
Interpretation of Statutes
Meaning of the term ‘statutes’, Commencement, operation and repeal of statutes
Purpose of interpretation of statutes,
Restrictive and beneficial construction, Taxing statutes, Penal statutes, Welfare legislation Law,
Interpretation of substantive and adjunctival statutes,
Interpretation of directory and mandatory provisions,
Interpretation of enabling statutes,
Interpretation of codifying and consolidating statutes,
Interpretation of statutes conferring rights,
Interpretation of statutes conferring powers.
UNIT- II
Aids to Interpretation
Internal aids, Title,
Preamble, Headings and marginal notes,
Sections and sub-sections,
Punctuation marks, Illustrations, exceptions, provisos and saving clauses, Schedules, Non- obstante clause
External aids, Dictionaries, Translations,
Travaux Preparatiores, Statutes in parimaterial,
Contemporanea Exposito, Debates, inquiry commission reports and Law Commission reports.
UNIT- III
Rules and Principles of Statutory Interpretation
Primary Rules, Literal rule, Golden rule, Mischief rule (rule in the Heydon’s case),
Rule of harmonious construction,
Secondary Rules,
Noscitur a sociis,
Ejusdem generis,
Reddendosingulasingulis
Principles of Constitutional Interpretation,
Harmonious construction,
Doctrine of pith and substance
Colourable legislation,
Ancillary powers,
“Occupied field”,
Residuary power,
Doctrine of repugnancy.
UNIT- IV
Presumptions in statutory interpretation
Statutes are valid,
Statutes are territorial in operation,
Presumption as to jurisdiction,
Presumption against what is inconvenient or absurd,
Presumption against intending injustice,
Presumption against impairing obligations or permitting advantage from one’s own wrong,
Prospective operation of statutes.
UNIT -V
Principles of Legislation
Law-making – the legislature, executive and the judiciary,
Principle of utility,
Operation of these principles upon legislation,
Distinction between morals and legislation
Select bibliography
G.P.Singh, Principles of Statutory Interpretation, (7th Edition) 1999, Wadhwa, Nagpur.
P. St. Langan (Ed.). Maxwell on The Interpretation of Statutes (1976) N.M.Tripathi, Bombay
K.Shanmukham, N.S.Bindras’sInterpretation of Statutes, (1997) The Law Book Co. Allahabad.
V.Sarathi, Interpretation of Statutes, (1984) Eastern, Lucknow
M.P.Jain, Constitutional Law of India, (1994) Wadhwa& Co.
M.P.Singh, (Ed.) V.N.Sukla’sConstitution of India, (1994) Eastern, Lucknow.
Jeremy Bentham, Theory of Legislation, Wadhwa, Nagpur.