Optional-IV: Interpretation of Statutes & Principles of Legislation / Competition Law

Unit IS-1 — Interpretation of Statutes: Basic principles

Basic Principles · Guiding rules · Internal aids to construction

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

Unit IS-2 — Interpretation of Statutes: External aids

External aids to construction

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

Unit IS-3 — Interpretation of Statutes: Subsidiary rules, operation, expiry and repeal

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
• 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
• General Clauses Act, 1897

Unit IS-4 — Interpretation of Statutes: Statutes affecting the State and jurisdiction of courts

Statutes affecting the state · Statutes affecting the jurisdiction of courts

Unit IS-5 — Interpretation of Statutes: Taxing, remedial and penal statutes

Construction of taxing statutes and evasion of statutes · Remedial and penal statutes

Unit IS-6 — Principles of Legislation

Principles of Legislation

Unit CL-1 — Competition Law: Constitutional provisions regulating trade; MRTP and Consumer Protection Acts

Constitutional provisions regulating trade · Salient features of MRTP Act, 1986 · Salient features of Consumer Protection Act, 1986

Unit CL-2 — Competition Law: US and UK anti-trust statutes

Sherman Antitrust Act, 1890 · Relevant provisions of Clayton Act, 1914 · Relevant provisions of the Federal Trade Commission Act · Salient features of U.K. Competition Act, 1998

Unit CL-3 — Competition Law: The Competition Act, 2002

The Competition Act, 2002; Preliminary · Prohibition of certain agreements, abuse of dominant position and regulation of combinations

Unit CL-4 — Competition Law: Competition Commission of India

Competition Commission of India; Duties, powers and functions

Unit CL-5 — Competition Law: Director General, penalties, advocacy

Duties of Director general · Penalties · Competition advocacy · Important judgments of the Supreme Court