Interpretation of Statutes and Principle of Legislation
Mahatma Jyotiba Phule Rohilkhand University · LL.B. Semester 5
Unit 1 — Interpretation
Law Making: Legislature, Executive and the Judiciary, General Clauses Act, Classification of Statutes-Temporary Statutes and Permanent Statutes, Classification of Statutes concerning Methods, Classification of Statutes concerning Object
Unit 2 — Statute Types and Structure
Meaning of the term Statute, General Clauses Act, 1897, Enactment, Interpretation and Construction, Kinds of Statutes, Statutes are valid, Intention of the Legislature, Commencement, Operation, Repeal and Revival of Statutes, Statute must be read as a whole in its context.
- Statutes (Enactments) — Meaning and Classification
- 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 3 — Rules & Maxims
Necessity for Rules of Interpretation, Literal Rule, Mischief Rule, Golden Rule, Purposive Rule Harmonious Construction. Maxims: Noscitur a sociis, Ejusdem generis, ut res magis valeat quam pareat, In Bonaparte, Delegatus non potest delegare, Expressio unius exclusion alterius.
Unit 4 — Aids to Interpretation
Interpretation of Directory and Mandatory Provision, Beneficial Construction, Taxing Statutes, Penal Statutes, Internal Aids to Interpretation. External Aids to 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
- Judicial material — Ratio and guidelines of courts in the following cases, minority, and majority judgements