Interpretation of Statutes and Principles of Legislation

Unit I — PRELIMINARY MATTERS

Introduction: Concept of Statutes-Meaning of Interpretation and Construction; Interpretation of Statutes: Meaning-Need for Interpretation- Purpose and Broad Approaches of Interpretation-Function of the Judges; Understanding Statutes: Its Commencement, Operation, Repeal and Revival etc. · Intention Attributed to Expression: Mandatory and Directory-Rules as to Waiver of Statutes and Against Statutes.

• Statutes (Enactments) — Meaning and Classification
• The Interpretation of Statutes

Unit II — RULES OF STATUTORY INTERPRETATION

Primary Rules: Literal (Grammatical) Rule of Construction-Golden Rule of Construction-Mischief Rule (Heydon’s Rule) of Construction-Harmonious Rule of Construction · Secondary Rule: Construction Expositio-Construction in Bonam Partem- Noscitur a Sociis-Expressio Unius Rule-Ejusdem Generis Rule-Redendo Singula Singulis

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

Unit III — AIDES TO CONSTRUCTION

Internal (Intrinsic) Aides: Title, Preamble, Heading, Marginal Notes, Schedule, Interpretation Clauses, Illustration, Explanation and Proviso. · External (Extrinsic) Aides: Historical Setting-History Parliamentary Legislation- International Convention-Reference to Legislation-Objects and Reason of the Act-Dictionaries-Text Books.

• 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 — INTERPRETATION WITH REFERENCE TO SUBJECT MATTER AND PURPOSE

Beneficial and Restrictive Construction-Construction of Penal and Taxing Statutes · Constitutional Interpretation: Meaning and Principles of Construction of Constitution-Constitutionality of Statutory Law

Unit V — PRINCIPLES OF LEGISLATION AND PRESUMPTION IN STATUTORY INTERPRETATION

Law Making: Legislature, Executive and Judiciary-Process of Law Making- Relevancy of Each Steps-Draft-Bill-Act-Assent · Principle of Utility: Presumption as to Validity and Territorial Operation- Presumption as to Operation of Statutes (Prospective & Retrospective)- Presumption Regarding Court’s Jurisdiction

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