IOS - UNIT 2
INTERNAL AIDS TO INTERPRETATION
1. PREAMBLE –
A Preamble is an introductory statement of an document which shows the aims,
objective, purpose and history behind the creation of such act. Many old statues
have preambles in which the main objects of the Act are set out, and there are
legitimate aids in construing the enacting parts . The main objective and purpose
of the Act are found in the Preamble of the Statute.
It is the key to open to us the mind of the makers of the law. It is accepted as an
aid to the construction of the Act, if the words of the statute are not clear.
In Global Energy Ltd. v. Central Electricity Regulatory Commission, it was put
forth by the apex court that the preamble is to be used to analyse the object of a
legislation.
In Rashtriya Mill Mazdoor Sangh v. NTC (South Maharashtra), while interpreting
certain provisions under the Textile Undertakings (Take over of Management) Act
of 1983, the Supreme Court held that the preamble cannot be appealed to
restrict or to curtail the scope of the concerning enactment when the language
of the mentioned Act is clear.
The difference between the long title provided and the preamble is that it
(Preamble) delivers the causes and basis as to the creation of a particular law
within the Act, the preamble cannot be used to delete any clauses within the
statute which are operative or by declaring the clause unintended or
unnecessary, but can be used to refer any uncertainty or helps in correcting the
meaning of the terms which might have more than one meaning.
2. HEADINGS –
Headings are generally prefixed to sections or group of sections. Headings give
the key to the interpretation and may be treated as preambles to the provisions
following them.
According to one view, “Heading” is to be interpreted as giving the key to the
interpretation of the clauses under it, unless the language is inconsistent with
such interpretation and the headings may be viewed “as preambles to the
provisions which follow.”
In Krishnaih V. State of A.P. 2005 it was held that headings prefixed to sections
cannot control the plain words of the provisions. Only in the case of ambiguity or
doubt, heading or sub-heading may be referred to as an aid in construing
provision.
Durga Thathera v. Narain Thathera and Anr (1931) , the court held that the
headings are like a preamble which helps as a key to the mind of the legislature
but do not control the substantive section of the enactment.
3. MARGINAL NOTES –
Marginal Notes Marginal notes are the notes which are inserted at the side of
the sections in an Act and express the effect of the sections stated. Marginal
notes appended to the Articles of the Constitution have been held to constitute
part of the constitution as passed by the constituent assembly and therefore
they have been made use of in construing the articles.
Marginal notes are very rarely used for interpretation as they are not considered
to be a good aid to construction. Only those marginal notes can be used for
construing a provision which have been inserted with assent of the legislature.
Marginal notes can be called in aid only when languages suffers from ambiguity
and more than one construction possible. Marginal notes cannot frustrate the
effect of a clear provision.
In Wilkes v Goodwin, the Court held that the side notes are not part of the Act
and hence marginal notes cannot be referred. These are also known as side
notes.
In Tara Prasad Singh VS Union of India it was held that the marginal notes to a
section of statute cannot take away the effect of the provisions.
4. SECTION –
The object of a definition is to avoid the necessity of frequent repetitions in
describing the subject matter to which the word or expression defined is
intended to apply.
A definition contained in the definition clause of a particular statute should be
used for the purpose of that Act. Definition from any other statute cannot be
borrowed and used ignoring the definition contained in the statute itself.
Under the rule of interpretation if the words mean and means and include are
being used within the scope of the provided definition then the definition is
considered to be exhaustive i.e., simply complete which will not allow the words
to be interpreted widely but if the word ‘include’ is only used within the
definition then it shall provide the interpretation in the widest way possible or
simply it expands the already existing meaning of the clause with the use of the
word include
Mahalaxmi Oils Mills v. State of A.P. (1931), where in the case the word tobacco
which was interpreted was in question which provided that the word tobacco
implies any form of tobacco whether manufactured or not or whether cured or
uncured and this also includes the stems of the tobacco plant and the leaf stalks.
The Apex Court held that the definition provided for the word is exhaustive and
the Supreme Court refused to consider the tobacco seeds within the scope of
the provided definition.
5. PUNCTUATION –
Punctuation are put in the form of colon, semi colon, comma, full stop, dash,
hyphen, brackets etc
In earlier times statutes are passed without punctuations and therefore, the
courts were not concerned with looking at punctuations but in modern times
statutes are passed with punctuations.
Punctuation is a minor element in the construction of a statute. Only when a
statute is carefully punctuated and there is no doubt about its meaning can
weight be given to punctuation. It cannot, however, be regarded as a controlling
element for determining the meaning of a statute.”
Punctuation is carefully added to ensure clarity and precision in statutory
language. Courts now recognize the significance of punctuation in interpreting
statutes. When analysing a provision, courts examine the text, including its
punctuation, to determine the intended meaning. If the punctuation alters the
meaning of the provision, courts may interpret it accordingly.
6. ILLUSTRATION –
Illustrations in enactment provided by the legislature are valuable aids in the
understanding the real scope.
Illustration are appended to a section of a statute with a view to illustrating the
law explained in the provision.
Such illustration manifest the intention of the legislature and can be referred in
the case of ambiguity or repugnancy.
However, the court emphasis through various judgments that it doesn't explain
the whole principle explain in the section through illustration nor does it curtail
the ambit of the section.
Mahesh Chandra Sharma VS Raj Kumari Sharma, (1996), it was held that
illustrations are parts of the Section and help to elucidate the principles of the
section.
7. EXCEPTION –
Exception are generally added to an enactment with the purpose of exempting
something which would otherwise fall within the ambit of the main provision. .
For example, in Section 499 of the Indian Penal Code, 1860, which defines
defamation, there are ten exceptions listed that specify cases that do not
amount to defamation.
In Collector of Customs v. M/s. Modi Rubber Limited (1995) it was held by the
apex court that in the case where there are exceptions under any of the existing
provisions to the principal clause, then the exceptions must be considered with
regard to the concerning principal clause.
In Shah Bhojraj Kuverji Oil Mills v. Subhash Chandra Yograj Sinha (1961) , under
which the apex court refused the use of the saving clause which was enacted
similarly to that of the proviso in determining whether the section under the Act
is retrospective in its operation
8. PROVISION –
A proviso serves the specific purpose of addressing cases that would otherwise
be covered by the general language of the main statute. Its effect is limited to
that particular case. Essentially, it's a clause added to a law that commonly
expresses a condition or exception.
In legal texts, a proviso is part of the sections that begin with phrases like
"provided that ___." It's added after the main provision to restrict or modify its
application. Its primary function is to exclude or qualify certain aspects within
the scope of the law.
The rule of interpretation of proviso is that it can neither nullify the implication
of main enactment nor can enlarge the scope of main enactment and can only
be referred in case of ambiguity in the section.
In case of conflict between main enactment and proviso, it must be
harmoniously construct or in the view of many jurist proviso will prevail as it is
the last intention of the legislature.
Under the case of Union of India v. Sanjay Kumar Jain (2003) the court held that
the proviso’s function is to carve out or to qualify the exception to the
concerning main provision.
CIT vs. Ajax Products Ltd. (1964) Whether a proviso is construed as restricting
the main provision or as a substantive clause, it cannot be divorced from the
provision to which it stands as a proviso. It must be construed harmoniously with
the main enactment
9. EXPLANATIONS –
The purpose of adding explanations to sections within Acts is to provide clarity
and aid in understanding the meaning of specific provisions. These explanations
serve to remove doubts and facilitate clear comprehension, rather than
expanding the scope of the section. In Indian legislation, many Acts include
explanations attached to sections to assist in interpretation.
For example, Section 108 of the Indian Penal Code defines the term "abettor"
and includes five explanations clarifying its application.
Explanations are keys to the sections to which they appended. They explain the
heart of the matter with a purpose. An explanation does not enlarge the scope
of the original section that it is supposed to explain.
In the case of Bihta Co-operative Development Cane Marketing Union v. State
of Bihar(1967) in case of conflict between the explanation provided for the main
provision, the Supreme Court held that as of the duty of the courts to harmonise
or settle the issue or the two.
10. SCHEDULE –
Schedules form part of a statute. They are at the end and contain minute details for
working out the provisions of the express enactment. The expression in the schedule
cannot override the provisions of the express enactment.
Schedules serve as integral components of statutes, emphasizing the authority
vested in the Act and outlining the practical implementation of its policies and
subjects. For example, in cases where there is a conflict between the main body of
the Act and its schedules, the provisions of the main body take precedence.
For instance, Article 1 of the Indian Constitution declares India as a Union of states,
while Schedule 1 lists the names of these states and their territorial jurisdictions. In
any conflict between the main body and the schedules, the provisions of the main
body, such as Article 1, would prevail.
In M/s. Aphali Pharmaceuticals Limited v. State of Maharashtra (1989) the Supreme
Court held that in case of a clash between the schedule and the main body of an Act,
the main body prevails and the schedule has to be rejected.
In Jagdish Prasad v. State of Rajasthan and others (2010) the Supreme Court ruled
that the purpose of a schedule is to advance the object of the main provision and
deletion of schedule cannot wipe out provisions of an Act in effect and spirit.
11. SAVING CLAUSE –
Saving Clause are generally appended in cases of repeal and reenactment of a
new statute. It is inserted in the repealing statute.
By this the rights already created under repealed enactment are not disturbed
nor are new rights created by it.
In the case of clash between the main part of statute and a saving clause, the
saving clause has to be rejected.
