INTERPRETATION OF STATUTES & PRINCIPLES OF LEGISLATION

Unit 1 — Meaning, Object and Nature of Interpretation

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

Unit 2 — Basic principles of interpretation

Intention of the Legislature: Statute should be read as a whole, Literal or grammatical interpretation Harmonious Construction, Golden and Mischief Rule - Utres magis quam valeat quam pereat.

• Rules of interpretation of Statutes — Literal, Mischief and Golden rule of interpretation
• 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 3 — Aids to Interpretation

(I) External - Parliamentary - Legislative debates, Statement of objects and reasons Dictionary, Statutes in Peri-materia, Contemporanea expositio · (II) Internal- Title, Preamble, Heading, Marginal Notes, Proviso and Punctuation.

• 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

Unit 4

Principle of Interpretation of Constitution and Penal and Fiscal Statues - Delegatus non-protest delegate, Ejusdem Generies, Pith and Substance Rule. Expression uniusest exclusion alterius. Non-obstance clause, Mandatory and Directory provision Noscitur a Sociis, Redendo do Singula Singulis Operation, Expiry and Repeal of Statutes.

• Rules of interpretation of Statutes — Literal, Mischief and Golden rule of interpretation
• 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 B — PRINCIPLES OF LEGISLATION

Essentials of Legislation · Basis of Legislation · Law and Public Opinion · Principles of Utility · Law and Morality

• Legislation — Meaning, Nature and Scope of Legislation as a source of law Kinds of Legislation
• Law and Morality, Ancient Indian concept of Dharma