Principles of Legislation and Interpretation of Statutes

Unit I — Introduction

What is a statute? Meaning, development and criteria of legislation, Types of Legislation, Concept of Interpretation and Construction

• Statutes (Enactments) — Meaning and Classification
• Legislation — Meaning, Nature and Scope of Legislation as a source of law Kinds of Legislation

Unit II — General Principles of Interpretation

Literal Rule, Golden Rule, Mischief Rule, Rule of Harmonious Construction, Statute must be read as a whole in its context, Statute to be construed to make it effective and workable, Omissions not to be inferred, every word in a statute to be given a meaning.

• 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
• The Interpretation of Statutes

Unit III — Internal Aids to Interpretation

Preamble, Definition, Sections, Heading, Marginal Notes, Punctuation, Illustrations, Proviso, Explanation and Schedules, Punctuation and Brackets.

• 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

Unit IV — External Aid to Interpretation

Travaux preparatories, Parliamentary history, Historical facts and surrounding circumstances, Social, Political and Economic Developments, Reference to other statutes, contemporanea exposition and other external aids, Codifying statutes and Consolidating statutes, Dictionaries, Earlier Acts and later Acts, Statutes in pari materia.

Unit V — Subsidiary Rules

Same word same meaning, Use of different words, Rule of last antecedent, Non-Obstante Clause, Legal fiction, Mandatory and directory provisions, Conjunctive anddisjunctive words · ‘or’ and ‘and’, Construction of general words/maxims in construction – noscitur a socis, Ruleof ejusdem generis, Words of rank, reddendo singula singulis etc,

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

Unit VI — Interpretation of Statutes affecting Jurisdiction of Courts

General Principles, the extent of exclusion, Exclusion of Jurisdiction of superior Courts, Interpretation of Constitutional Documents, and Rules of Interpretation of Constitutional Documents as developed by the Courts of India.

Unit VII — Interpretation of Specific Statutes

Penal Statutes, Taxing Statutes, Beneficial Statutes, Interpretation of Remedial Statutes, Distinction between Remedial and Penal Statutes, Liberal, construction of remedial statutes.

Unit VIII — Operation, Expiry and Repeal of Statutes

Commencement, Retrospective Operation, Perpetual and Temporary Statutes, Effect of Expiry of Temporary Statutes, Express or implied Repeal, Consequences of Repeal.

• Commencement of Statutes — Prospective application, Retrospective effect, Repeal of Statutes, Provisions dealing with repeal under the General Clauses Act

Unit IX — General Clauses Act

Definitions, Commencement and computation of time, Repeal, Provisions applicable to making rules or by laws of previous publications, Provisions to offences punishable under two or more enactments, Meaning of service by post

• General Clauses Act, 1897

Unit X — Principles of Legislation

Individualism, Collectivism, Utilitarianism, Socialism and Marxism

• Utilitarianism
• Socialism
• Communism