Interpretation of Statute
Babasaheb Bhimrao Ambedkar University · LL.B. Semester 8 · LB-805
Unit I — Introduction & General Principles of Interpretation
i. Meaning and scope of Interpretation · ii. Difference between interpretation and Construction · iii. litera legis and litera logic · iv. Harmonious Construction · v. Mischief Rule · vi. Golden Rule as a modification of Literal Rule
- Rules of interpretation of Statutes — Literal, Mischief and Golden rule of interpretation
- 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
- The Interpretation of Statutes
Unit II — Aids of Interpretation & Operation of Statutes
i. Internal Aids to the Interpretation · ii. External Aids to the Interpretation · iii. Meaning of Statute and Legislation · iv. Prospective and Retrospective operation of Statutes · v. Amendment and Repeal of Statutes
- Legislative Material — Internal Aids — Parts of a statute and their function in interpretation of a statute — Short and long titles, preamble, schedules, marginal headings, parts, and their captions, chapters and their
- Judicial material — Ratio and guidelines of courts in the following cases, minority, and majority judgements
- Statutes (Enactments) — Meaning and Classification
- Commencement of Statutes — Prospective application, Retrospective effect, Repeal of Statutes, Provisions dealing with repeal under the General Clauses Act
Unit III — Strict Construction of Statutes & Interpretation of Constitution
i. Interpretation of Taxing Statute · ii. Interpretation of Penal Statute · iii. Interpretation of the Constitution
- Rules of interpretation of Statutes — Literal, Mischief and Golden rule of interpretation
- 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
Unit IV — Maxims of Interpretation
i. ut res magis valeat quam pereat · ii. noscitur a sociis · iii. ejusdem generis · iv. Expressio unius est Exclusio alterius · v. Contemporanea Exposito Est Optima et fortissimo in lege · vi. The General Clauses Act, 1897