INTERPRETATION OF STATUTES

Unit I — UNIT- I

INTRODUCTION · Law making: The role of Legislature, Executive and Judiciary. · Meaning and scope of the term “Statute”. · The Process of Law Making (The draft, bill, Act, Assent & operation). · Parts of a Statute & Classification of Statutes · Meaning, nature and scope of the term “Interpretation”. · Need and Purpose of Interpretation · Difference between Interpretation and Construction.

• Statutes (Enactments) — Meaning and Classification
• 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
• The Interpretation of Statutes

Unit II — UNIT-II:

GENERAL THEORIES · Presumptions. · Basic Principles · The Function of the Court is to interpret the law and not to legislate · Intention of Legislature · Statute must be read as a whole · Statute to be workable and effective · Plain Language must be given effect irrespective of consequences

• 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 — UNIT-III:

RULES OF INTERPRETATION · Literal/Grammatical Rule of Construction · Golden Rule of Construction · Mischief Rule of Construction (Rule in Heydon’s Case) · Rule of Purposive Construction. · Rule of Harmonious Construction. · Strict and Liberal Construction

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

Unit IV — UNIT-IV:

SUBSIDIARY RULES OF CONSTRUCTION · Same word same meaning, use of different words, · Rule of Last Antecedent, · Non Obstinate Clause, · legal fiction, · Mandatory and Directory Provisions, · Conductive and Disjunctive words ‘or’/‘and’, · Construction of general words - Noscitur A Socis; Rule of ejusdem generis, Words of rank, Redendo Singula Singulis etc.

Unit V — UNIT-V:

AIDS TO CONSTRUCTION · Understanding the need and importance of Aids to constructions · Internal Aid to Construction Preamble, Definition, Sections, Heading, Marginal Notes, Punctuation, Illustrations, Provisions, Explanation and Schedule. · External Aid to Construction Parliamentary History, Historical Facts and surrounding circumstances, socio-political and economic developments, reference to other statutes, contemporanea exposition and other external aids.

• 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 VI — UNIT-VI:

INTERPRETATION WITH RESPECT TO SUBJECT MATTER AND PURPOSE · Constructions of Penal & Remedial Statutes · Constructions of Taxing Statutes · Constructions of Welfare Statutes · Construction of Substantive and Procedural Statutes.

Unit VI — UNIT-VI:

THE GENERAL CLAUSES ACT, 1897 · Rules of Construction under the General Clauses Act, 1897 · Repeal : Effect of Repeal : Temporary and Perpetual Statutes: Their expiry and repeal · Prospective and Retrospective Operation of statutes · Effect of amendment to statutes. · Revival of repealed enactments

• General Clauses Act, 1897
• Commencement of Statutes — Prospective application, Retrospective effect, Repeal of Statutes, Provisions dealing with repeal under the General Clauses Act