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Legal Interpretation Aids Guide

This document discusses various external aids that can be used in interpreting statutes, including dictionaries to define words, earlier and later related acts, legislative history materials like statements of objects and reasons, and English law. However, it notes that dictionaries are not definitive, legislative history like parliamentary debates cannot be relied upon, and English law does not prevail over clear Indian statutes. Travaux preparatories, such as the state of prior law and judicial decisions, can be considered to understand legislative intent in exceptional cases.

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Pintu Rao
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92 views7 pages

Legal Interpretation Aids Guide

This document discusses various external aids that can be used in interpreting statutes, including dictionaries to define words, earlier and later related acts, legislative history materials like statements of objects and reasons, and English law. However, it notes that dictionaries are not definitive, legislative history like parliamentary debates cannot be relied upon, and English law does not prevail over clear Indian statutes. Travaux preparatories, such as the state of prior law and judicial decisions, can be considered to understand legislative intent in exceptional cases.

Uploaded by

Pintu Rao
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd

External Aids

Interpretation of Statutes
External Aids
 Dictionaries
 Incorporation/reference

 Translations

 Travaux preparatories

 Earlier and later Acts

 English Acts

 Stare Decisis
Dictionaries
 Not to be taken as authoritative exponents of the
meanings of words used in Acts of Parliament
 The dictionary meaning of the word cannot be looked
at where that word has been statutorily defined or
judicially interpreted
 But where there is no definition or interpretation, the
Court may take aid of dictionaries to ascertain the
meaning of the word in common parlance
Translations
 The official translation of an Act has no legislative
force or sanction.

 But in the Present day, the Constitution having


recognised various Indian Languages as official
languages, in addition to English – would be a
valuable guide in the interpretation of statutes
Travaux Preparatories
 In order to arrive at the intention of the legislature, the state of
the law and judicial decision antecedent to and handed down
at the time when the statute was being passed – considered
 Evidence of matters – surrounding circumstances and
historical investigation –statements of objects and reasons in
exceptional circumstances– can be resorted
 But the Bill – reports of Select Committees are not legitimate
material – for finding the meaning of words
 Parliamentary Debates – inadmissible-help in understanding
buy cnnnot be relied upon
 Parliamentary History – may be referred for ascertaining the
intention but not for construction
Earlier and Later Acts
 Perfectly legitimate to refer repealed Acts on the same
Subjects
 Subsequent Acts may be resorted to when the
legislature sets out an earlier Act in a later one . If there
is an inconsistency, the later act will prevail
 Subsequent Act may be resorted to when the legislature
sets out the meaning of an ambiguous expression
English Law
 Reference may be made – but do not prevail when the language of
the Indian statute or enactment clear
 They are of assistance in elucidating general principles and
construing Acts
 Blackstone’s commentaries
 Halsbury's Law of England

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