OPTIONAL-IV: INTERPRETATION OF STATUTES & PRINCIPLES OF LEGISLATION

Unit 1

Basic Principles; Guiding rules; Internal aids to construction.

• The Interpretation of Statutes
• Rules of interpretation of Statutes — Literal, Mischief and Golden rule of interpretation
• 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
• 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 2

External aids to construction.

• Judicial material — Ratio and guidelines of courts in the following cases, minority, and majority judgements

Unit 3

Subsidiary rules; Operation of 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

Unit 4

Statutes affecting the state; Statutes affecting the jurisdiction of courts. · Construction of taxing statutes and evasion of statutes; Remedial and penal statutes.

Unit 5

Principles of Legislation.

• Statutes (Enactments) — Meaning and Classification
• Meaning of Law, Rules, Regulation and Policy