TEACHING PLAN: Interpretation of Statutes & Principles of Legislation

SCHOOL: ACADEMIC SESSION: BATCH: BALLB (Hons)/BBALLB (Hons) 7th /LLB

LAW 2022-23 5th 2022-23
Course
1
code IOS
Course
2
Title Interpretation of Statutes and Principles of Legislation
3 Credits 6
Contact Hours- 55
Learning
4 Project, Presentation and Assessment- 15
Hours
Total Hours- 70
For centuries, the courts have continuously seized of the problems of interpreting
various enactments. With scientific and industrial advancement, the enactments
developed in a diverse manner and the nature and content that these statutes
embodied made it very difficult to court to keep pace with the changing perceptions
of the law. Social. Political and economic objectives are the constant fields of the
exercise for the courts because it is understood that the courts are primarily
concerned to merely declare and not to discover the will of legislature. That’s the
reason that the area of interpretation has thereby increased immensely. With the
change of times, various principles of interpretation have emerged due to continuous
vigilant statutory construction on the parts of courts in not only declaring but by
filling the casually appeared gaps in the making, enforcement and review of the laws.
The whole area of interpretation has transformed in a fascinating way as a perfectly
separate field of study. The students, lawyers, policy makers and academicians are
Course found taking serious interest in the newly emerged notions of different classical and
5 Objective
modern techniques of statutory interpretation. Stakeholders of this domain of legal
learning are constantly devoting time and energy to now the art of interpretation. The
various components which this module composes are of significance because it is
needed that the students acquaint themselves of complex techniques of interpretation
and have a sound understanding of various principles. With this aim in focus, this
module will equip students of the knowledge on following parameters:
 Highlight nature, importance and usage of various tools and techniques of
statutory interpretation.
 Emphasise the usage of traditional and novel interpretative techniques
through dispensation of justice by courts, administration and other organs of
the state.
 Make the students skilled to have analytical, correlational and empirical
approach to apply and reform further the various components of the subject.
At the end of the course, students would be able to:
1. Articulate the techniques adopted by courts in construing statutes and the
importance of the law making process in contemporary context.
Course 2. Analyse and evaluate the matters pertaining to technicalities that the
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Outcomes legislature is supposed to be dealing with while framing the enactments.
3. Formulate the notion and nuances of the judicial interpretation, construction
of statutory words, phrases and expressions.

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 7 Outline of the syllabus:
Paper Introduction: Reference number Teaching
7.00
Code/Unit methods
Meaning, nature and scope of Avtar Singh*, pp.1-3 Lecture
IOS/ 1. interpretation and
7.01 I
Discussion

Significance of Interpretation T Bhattacharya**, p.1 Lecture

and
2. Discussion
Understanding Statutes: T Bhattacharya, pp.5-10, 299- Lecture
Meaning, classification and 317., and
commencement, operation, Discussion
Avtar Singh, pp.197-229, 257-
repeal and revival 270.
3.
Avtar Singh, pp.23-44. Lecture
(Primary Rules of and
Interpretation) T Bhattacharya, pp. 11-32.
7.02 IOS/ Discussion
Literal (Grammatical) Rule
II

1
Golden Rule T Bhattacharya, pp.48-53 Lecture
and
2 Discussion
Mischief Rule (Heydon’s Avtar Singh, pp. 62-64 Lecture
case rule) and
T Bhattacharya, pp. 33-47.
3 Discussion
Harmonious construction T Bhattacharya, pp. 54-68, Lecture
Avtar Singh, pp. 55-61 and
4 Discussion
(Secondary rules of Avtar Singh, pp. 142-145, Lecture
interpretation) and
T Bhattacharya, 95-98.
discussion
5 Contemporanea Exposition

Expression Unius Est Avtar Singh, pp.186, Lecture

Exclusio Alterius and
T Bhatacharya, pp. 93-94.
Discussion
6
Noscitur a Sociis Avtar Singh, pp. 177-179, T Lecture
Bhattacharya, pp. 83-88. and
7 Discussion
Ejusdem Generis T. Bhattacharya, pp. 88-92, Lecture
Avtar Singh, 179-181 and
8 Discussion
Reddendo Singula Singulis Avtar Singh, p. 182. Lecture
9 and
2
 Discussion

Avtar Singh, pp. 75-77. Lecture

(Internal aids of T Bhattacharya, pp.196-201. and
7.03 IOS/ construction): discussion
III Title & Preamble
1

Heading, Marginal Notes & Avtar Singh, pp.78-81. Lecture

Schedule and
T Bhattacharya, pp.202-205,
discussion
2 226,201.
Interpretation Clause, Avtar Singh, pp. 85-91. Lecture
Illustration, Exception and and
T Bhattacharya, pp. 206-225.
Saving Clause Discussion
3
Explanation, Proviso T Bhattacharya, 223-225, Avtar Lecture
4 Singh, pp. 215-220. and
discussion
(External aids): T Bhattacharya, pp. 222 Lecture
and
Historical Settings; History of Avtar Singh, pp.92-99.
Discussion
Parliamentary Legislation
5
International Convention, Avtar Singh, pp. 111-124 Lecture
Reference to Other T Bhattacharya, pp. 235-243 and
Legislations Discussion
6
Statement of Objects and Avtar Singh, pp. 129 Lecture
Reasons , Law Dictionary and T Bhattacharya, pp. 109-110, and
Text Books Discussion
129-142, 244-245,
7

IOS/ Construction of Penal Avtar Singh, pp. 291-302, T Lecture

7.04 Statutes Bhattacharya, pp.116-130. and
IV
1 Discussion
Construction of Taxing and T Bhattacharya, pp. 131-150, Lecture
Revenue Statutes Avtar Singh, pp. 271-284. and
2 Discussion
Construction of Indian T Bhattacharya, pp. 344-365. Lecture
Constitution: and
Discussion
(General Introduction about
3 rules)
Harmonious Construction T Bhattacharya, pp. 55-61 Lecture
and
4 Discussion
Doctrine of Pith and T Bhattacharya, pp. 351-354 Lecture
Substance and
5 Discussion

3
 Doctrine of Eclipse T Bhattacharya, pp. 365-370 Lecture
and
6 Discussion
Doctrine of Severability T Bhattacharya, pp. 361-363 Lecture
and
7 Discussion
Colourable Legislation T Bhattacharya, pp. 355-358 Lecture
and
8 Discussion
Principles of Law Making: Avtar Singh, pp. 315-317 Lecture
7.05 IOS/ and
Introduction about process of
V Discussion
1 legislation
Different Steps of Avtar Singh, pp. 318-319 Lecture
Codification (Draft Bill, Act, and
2 Assent) Discussion
(Principle of Utility): T Bhattacharya, pp. 247-281, Lecture
Presumption as to validity 299-317. and
Discussion
(Prospective and Avtar Singh, pp. 216-223
3 retrospective operation)
Presumption regarding T Bhattacharya, pp. 247-282 Lecture
Court’s jurisdiction; and
(Against ouster of established Discussion
jurisdiction
Against creation of new
jurisdiction
Against enlargement of
existing jurisdiction)
4
8 Course Evaluation:
8.1 CA: 20%
8.1.1 Attendance 5%
8.1.2 Homework -
8.1.3 Quizzes 4 Quizzes, 5%
8.1.4 Projects 1 Project, 5%
1 Presentation, 5%
8.1.5 Presentation

--
8.1.6 Any other

20%

8.2 MTE(IA)

End-term examination:
8.3 60%

Text Books & References:

9
(Recommended Reading and Online Sources)
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  Avtar Singh and Harpreet Kaur, Introduction to Interpretation of
Statutes, Lexis-Nexis India, Gurgaon*.
 T. Bhattacharya, The Interpretation of Statutes, Central Law Agency,
Allahabad.**
 A B Kafaltiya, Interpretation of Statutes, University Law Publishing Co.
9.1 Text Books Pvt. Ltd., New Delhi
 Justice G.P. Singh (Revised by Justice A K Patnaik), Principles of
Statutory Interpretation (including the General Clauses Act, 1897),
Wadhwa & Co. Nagpur.

 P. St. J. Langan, Maxwell on the Interpretation of Statutes, Lexis-Nexis

India, Gurgaon.
 N S Bindra, Interpretation of Statutes, Lexis-Nexis India, Gurgaon.
 P. M. Bakshi, Statutory Interpretation of Statutes, Orient Publishing
Company.
 P.S. Narayan, Statutory Interpretation, Asia Law House, Hyderabad.
 M.P. Tandon, Interpretation of Statutes & Legislation, Allahabad Law
Agency.
 Bawa & Roy, Interpretation of Statutes, Allahabad Law Agency,
9.2 References Allahabad.
 A B Kafaltiya, Interpretation of Statutes, University Law Publishing Co.
Pvt. Ltd., New Delhi
 M.P. Singh (Ed.), V. N. Shukla’s Constitution of India, Eastern Law
Book Co.Allahabad.
 M.P. Jain, Constitutional Law of India, Wadhwa & Co. Nagpur
 U. Bakshi, Introduction to Justice K.K. Mathews- Democracy, Equality
and Freedom (1978), Eastern Book Co. Lko.
 Theory of Legislation by Jeremy Bentham, Tripathi Publications.

E-Sources:
1. https://taxguru.in/corporate-law/rules-interpretation-statutes.html
2. http://www.fimt-ggsipu.org/study/ballb406.pdf
3. https://www.lawinsider.in/columns/interpretation-of-statutes
4. https://www.slideshare.net/cpjcollege/interpretation-of-statute
Online/Video 5. https://www.slideshare.net/thorogl01/introduction-to-statutory-
9.3 interpretation?
References
6. https://www.slideshare.net/mraali/overview-of-statutory-interpretation
7. https://www.legalserviceindia.com/legal/article-1730-the-literal-rule-of-
interpretation-of-statute.html
8. https://blog.ipleaders.in/golden-rule-of-interpretation/
9. https://www.legalserviceindia.com/legal/article-4536-principles-of-
constitutional-interpretation.html

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 10. https://blog.ipleaders.in/doctrine-of-colourable-legislation-an-impediment-
to-the-legislative-authority/
11. https://byjus.com/free-ias-prep/doctrine-of-pith-and-substance/
12. https://www.legalserviceindia.com/legal/article-964-the-doctrine-of-
repugnancy-in-the-indian-constitution.html
13. https://www.ijalr.in/2022/04/interpretation-of-ejusdem-generis-and.html
14. https://content.next.westlaw.com/practical-law/document/
15. http://www.legalservicesindia.com/article/1666/contemporanea-exposito-
est-optima-et-fortissinia-in-lege.html
16. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1087388
17. https://aishwaryasandeep.com/2021/10/15/presumptions-in-statutory-
interpretation/
19.https://blog.ipleaders.in/effects-of-repealing-statutes/

20. http://www.legalservicesindia.com/article/1938/Doctrine-of-
Parimateria-in-interpretation-of-statutes.html

Audio/Videos:

1.https://www.youtube.com/results?search_query=interpretation+of+statutes+la
w+lecture
2.https://www.youtube.com/results?search_query=rules+of+constitutional+inter
pretation+
3. https://www.youtube.com/watch?v=nARZy3AGj7s

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 QUESTION BANK

UNIT 1

1. What do you mean by interpretation? Discuss in detail the difference between interpretation
and construction.
2. Define legislation and explain its various kinds and significance.
3. Write short notes on any two the following-
a. Supreme and subordinate legislation
b. Delegated, sub-delegated legislation and conditionally delegated legislation
c. Doctrine of Stare-Decisis
d. Ratio Decidendi and Obiter Dictum
4. Discuss the significance and scope of interpretation of statutes.
5. How do courts interpret the law embedded in decisions of the court themselves? With what
method do courts develop such law?
6. Write a short note on effect of the repeal of statutes.
7. Write a detailed note explaining the interface between legislation and contemporary public
opinion.
8. Discuss the commencement, repeal and revival of statutes.
9. Discuss the prospective and retrospective operation of statutes.
10. Explain the principle of utility while framing the legal policies. How ideally it should be
followed while legislature frames the laws impacting the society at large?

UNIT II

1. Describe in short the following-

a. ut res magis valeat quam pareat
b. expression unius est exclusion alterius
c. contemporanea exposition est fortissima in lege
d. identical expressions to have same meaning
e. casus omissuss
2. Write short notes on any one the following:
a. Beneficial construction
b. Interpretation of the Statutes in pari-materia

3. “The function of the court is to interpret the law and not to legislate.” Comment.
4. Describe that the statute must be read as a whole.
5. Words of common usage are to be understood in their popular sense. Comment.
6. Every word in a statute to be given a meaning. Explain with reference to general principles
of interpretation.

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7. While interpreting an enactment, the court may modify its nature and meaning to such an
extent as the absurdities and hardships may be avoided. Comment.
8. The rule of construction is well settled that when there are in an enactment two provisions
which cannot be reconciled with each other , they should be so constructed that if possible ,
effect should be given to both. Discuss the rule with help of decided cases on the point.
9. Describe in detail the basic principles of interpretation.
10. Discuss the literal or grammatical rule of interpretation with help of decided cases.
11. Literal or Plain meaning rule is said to be safest rule of the interpretation. Clarify with the
help of decided cases.
12. The literal rule of interpretation is the only means of interpretation which may further the
aim and object of enactment and will prevent the mischief. Critically examine.
13. Discuss the basic principles of interpretation.
14. How do courts interpret the law embedded in decisions of the court themselves? With what
method do courts develop such law?

UNIT III

1. What are the internal aids to construction? Assess the significance of marginal notes in the
interpretation of statutes.
2. What are various intrinsic aids to interpretation? Assess the importance of the language ,
phraseology, definition clause and punctuation in interpretation of statutes.
3. How short and log titles, preamble, exception, illustrations, proviso and schedules are
helpful as means intrinsic tools of interpretation? Discuss each with help of case law
analysis.
4. Write short notes on any three of the following:
a. Exceptions
b. Explanations
c. Examples/ Illustrations
d. Non Obstante Clause
e. Saving Clause
f. Proviso

5. What are external aids to construction?

6. Assess the importance of any three of the following:

a. Dictionary
b. Parliamentary Debates
c. Reports of the law commission
d. Contemporary expositions
e. Law Commentaries
f. Historical settings

7. Write a short note on legislative history, legislative intention, statement of objects and
reasons, debates and committee reports.
8. “External aids are subsidiary in interpretation of statutes.” Explain.

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9. Write a short note on role of constituent assembly debates in the interpretation of Indian
Constitution.
10. Give a brief overview of intrinsic and extrinsic aids of statutory interpretation with help of
decided cases.
11. Explain the various factors which play their part in holding any statutory provision as
mandatory or directory. Also describe the use of the words “Shall”, “May” and “Must.”
12. Discuss the necessary conditions that are important to be appreciated when the question of
taking the help of one statute to construct another statute is being looked at.

UNIT IV

1. Write down the difference between penal and remedial statutes. Discuss the current judicial
trends applied in interpretation of penal statutes.

2. Explain the rule of interpretation of fiscal statutes by supporting them with the help of
cases.
3. Discuss the general principles of interpreting the taxing statutes.

4. Write short notes on any two of the following-

a. Doctrine of pith and substance
b. Doctrine of colorable legislation
c. Doctrine of eclipse

5. Discuss the doctrines of severability and supremacy of parliamentary wisdom.

6. Explain the doctrines of ancillary and residuary powers.
7. Discuss with the help of case laws the doctrine of occupied field.
8. What do you mean by harmonious construction?
9. What is doctrine of repugnancy? Illustrate with case laws.
10. What do you mean by the theory of territorial nexus? Refer to landmark judgments.

UNIT V

1. Discuss different presumptions considered in the field of interpretation of statutes.

2. Write short notes on any three of the following-

a. Presumption as to constitutionality of Statutes
b. Presumption against altering the fundamental principle of common law
c. Presumption against retrospective operation of legislation
d. Presumption as to adoption of laws of another state
e. Presumption against repeal by implication
f. Presumption regarding jurisdiction of courts

3. Discuss the presumption as to validity and operation of laws. Elaborate your answer with
help of relevant case laws.

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 4. “To make laws is not only the function of legislature alone, rather executive and judiciary
also to contribute in the task of filling in the gaps of laws made by legislators.” Explain.
5. “The main role of legislature is to make laws for the country.” Elaborate the statement by
taking guidance from case law examples.
6. “Normally, it is said that executive is the organ which implements the law but it has been
seen that on certain occasions the executive also functions as law making organ.” Discuss
as why and how?

PROJECTS (To be given to group of students):

1. Project on significance of Interpretation

2. Project on Delegated Legislation
3. A Presentation on Golden Rule of Interpretation
4. Case Study on Ejusdem Generis
5. Case Study on Doctrine of Colourable Legislation
6. Project on Presumption as to constitutionality of Parliamentary Statutes

Mapping of Outcomes v. Topics

Outcome no. → 1 2 3
Syllabus topic↓
Paper Code. Unit I.1 √ √ √
Paper Code. Unit I .2 √ √
Paper Code. Unit I.3 √ √
Paper Code. Unit II.1 √ √
Paper Code. Unit II.2 √ √ √
Paper Code. Unit II.3 √ √
Paper Code. Unit II.4 √ √
Paper Code. Unit II.5 √ √
Paper Code. Unit II.6 √ √
Paper Code. Unit II.7 √ √
Paper Code. Unit II.8 √ √
Paper Code. Unit II.9 √ √ √
Paper Code. Unit III.1 √ √ √
Paper Code. Unit III.2 √ √
Paper Code. Unit III.3 √ √
Paper Code. Unit III.4 √ √
Paper Code. Unit III.5 √ √
Paper Code. Unit III.6 √ √ √
Paper Code. Unit III.7 √ √
Paper Code. Unit IV.1 √ √ √
Paper Code. Unit IV.2 √ √ √
Paper Code. Unit IV.3 √ √ √
Paper Code. Unit IV.4 √ √
Paper Code. Unit IV.5 √ √
Paper Code. Unit IV.6 √ √
Paper Code. Unit IV.7 √ √
Paper Code. Unit IV.8 √ √ √
Paper Code. Unit V.1 √ √ √
Paper Code. Unit V.2 √ √ √
Paper Code. Unit V.3 √ √
Paper Code. Unit V.4 √ √ √

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