Interpretation of Statutes and Legislative Drafting

Unit 1 — General

Nature and Kinds of Indian Laws: Statutory, Non-statutory, Codified, Un-codified, State-made and State-recognised laws; meaning and scope of 'statute' · Meaning, Object and Scope of 'interpretation' and 'construction' · Basic sources of statutory interpretation: The General Clauses Act, 1897 (nature, scope and relevance, with special reference to sections 6 to 8); Definition clauses in various legislations

Unit 2 — General Theories and Rules of Interpretation

The Function of the Court is to interpret the law and not to legislate (Judicial Activism vis-a-vis Judicial overreach) · Statute must be read as a whole · The Primary Rule: Literal rule; Golden Rule · Mischief Rule of Construction · Construction Ut res magis valeat quam pereat

• Rules of interpretation of Statutes — Literal, Mischief and Golden rule of interpretation

Unit 3 — Internal and External Aids to Interpretation

Unit 4 — The Basics of Legislative Drafting

• Drafting of Bills and Amendment Bills

Unit 5 — Structure and style in Legislative Drafting