Interpretation of Statutes and Principles of Legislation
Mahatma Gandhi University · LL.B. Semester 4 · UL-18
Unit I
Meaning of legislation- Statutes - Kinds, Parts of Statute -Meaning and Need of interpretation - Difference from construction Primary rules - Literal, Golden and Mischief rule.
Unit II
Internal and external aids of construction -Use of travaux preparatories - parliamentary discussion, parliamentary history, public opinion- Policies of construction - Beneficial construction, liberal construction, restrictive construction, construction to prevent abuse and evasion, equitable construction, bonam partem.
Unit III
Construction of words and phrases - ejusdem generis, noscitur a sociis, expressiouniusestexclusioalterius, reddendiosingulasingulis -Interpretation of statutes on the basis of nature - Penal, taxation laws, mandatory and directory laws, beneficial legislation, statutes conferring power- Special rules of interpretation of the Constitution.
Unit IV
Presumption of statutory construction- jurisdiction, ouster of jurisdiction- effects of statutes on Government- Presumption regarding retrospective operation of statutes- Presumption against what is inconvenient and unreasonable- presumption against unjust consequences or absurdity- Presumption of interpretation of impairing obligations or allowing advantages from one’s own wrongs.
- 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
Unit V
Principles of Legislation- Utilitarian theory-Pain Pleasure theory- Principles of legislative drafting- Qualities of a good Draftsman. Alternative rules of interpretation. Professional Skill Development Activities ( PSDA) ⦁ Judgement and Statute analysis ⦁ Judgement Writing ⦁ Problem Solving ⦁ Exercise of Drafting a Statute