Interpretation of Statutes (Optional)

Unit I — INTRODUCTION

Why Interpretation: The need for interpretation and Construction · How do judges decide the cases? The Method of Philosophy and The Method of Sociology · Why is original intent important? Appraisal of the principle of plain meaning · Making sense of Precedent; Tests and rules for determining ‘ratio decidendi” and Obiter Dictum

Unit II — GENERAL PRESUMPTIONS, PRINCIPLES AND RULES OF INTERPRETATION

Statute must be read as a whole in its context · Literal Rule of Interpretation · Golden Rule of Interpretation · Mischief Rule of Interpretation · Regards to subjects and Objects · Presumptions and Considerations in Interpretation

• 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 — INTERNAL AID TO INTERPRETATION

Long Title, Preamble, Definition, Sections · Heading, Marginal Notes, Punctuation · Illustrations, Proviso · Explanation , Schedules etc.

• 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

Unit IV — EXTERNAL AID TO INTERPRETATION

Parliamentary History · Historical facts and surrounding circumstances · Social, Political and Economic Development · Statutes in Pari-Materia, Assistance of Earlier Statutes, Use of Foreign Decisions and Dictionaries

Unit V — SUBSIDIARY RULES

Same word same meaning, Use of different words · Mandatory and directory provisions, Legal Fictions · Conjunctive and disjunctive words ‘or’ / ‘and’ · Word of Same Rank, Ejusdem generics, Nocitur a sociis, and Reddendo Singula Singulis etc.

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

Unit VI — COMMENCEMENT AND OPERATION OF THE STATUTES AND THEIR INTERPRETATION

Operation Of the Statute – Prospective and Retrospective · Interpretation of Constitution, Interpretation of statutes affecting Jurisdiction · Interpretation of Penal Statutes · Interpretation of Remedial and Taxing Statutes · The General Clauses Act, 1897 and its use for Interpretation of other statutes · Expiry and Repeal of Statutes

• Commencement of Statutes — Prospective application, Retrospective effect, Repeal of Statutes, Provisions dealing with repeal under the General Clauses Act
• General Clauses Act, 1897