Interpretation of Statutes
Gondwana University · LL.B. Semester 6 · UL36C04
Unit I
Meaning, Nature and Scope of Interpretation · Statute-Definition and Classification · Need and Purpose of Interpretation · General Principles of Interpretation · Rules of Construction under the General Clauses Act, 1897
Unit II
Primary Principles of Interpretation, · Intention of Legislature- · Statute must be read as a whole-Statute to be workable and effective-Plain Language must be given effect irrespective of consequences- · Subsidiary Rules of Interpretation- · Rule of Last Antecedent- · Non Obstante Clause- · Legal Fiction · Mandatory and Directory Provisions · Conjunctive and Disjunctive words-Construction of General Words-
Unit III
Grammatical Rule of Interpretation · Golden Rule of Interpretation · Mischief Rule · Noscitur A Sociis, · EjusdemGeneris, , · ReddendoSingulaSingulis
Unit IV
Interpretation of Penal Statutes and Statutes of Taxation · Beneficial Construction · Doctrine of Harmonious Construction. · External Aids to Interpretation · Internal Aids toInterpretation
- 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
Unit V
Effect of Repeal · Effect of amendments to statutes · Conflict between parent legislation and subordinate legislation · Methods of interpreting substantive and procedural laws. · Contemporary Issues of Interpretation
- Commencement of Statutes — Prospective application, Retrospective effect, Repeal of Statutes, Provisions dealing with repeal under the General Clauses Act
- 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