Interpretation of Statutes
Chaudhary Devi Lal University · LL.B. Semester 4 · 410
Unit I
Statute: Meaning and Classification · Interpretation: Meaning, Object, Purpose and Scope · Basic Principles of Interpretation, Difference between Interpretation and Construction · Rule of Construction: Literal, Golden and Mischief Rules, Limitations of the Court
Unit II
Internal Aids to Construction, External Aid to Constniction · Interpretation of Mandatory and Directory Provisions · Interpretation of Penal and Taxing 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
- 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 III
Interpretation of Indian Constitution, Rule of Ejusdem Generis, Rule of Noscitur-a-sociis, Rule of Pari · Materia, Rule of Stare Decisis, Contemporanea Expositio Est Optima, Fortissima in Lege
- 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
- Precedent — Meaning and nature of Precedent as a source of law
Unit IV
What is Legislation? Who Legislate? · Restriction on the Legislature, Legislation is a Science, The Method of Law Reforms, Institutional Arrangements for the Parliamentary Legislation, Legislative Powers of President and Governor, Remedial or Beneficial Construction, Statutes Affecting Jurisdiction of the Courts