Interpretation of Statutes

Savitribai Phule Pune University · LL.B. Semester 3 · LCC 0703

Unit 1 — Introduction to Interpretation and role of General Clauses Act, 1897

1. Interpretation – Meaning, Need, and object · 2. Difference between Interpretation and Construction · 3. Concept and Classification of Statute · 4. Introduction to General Clauses Act, 1897 – Preliminary, Definitions, General Rules of Construction, Power and functionaries, Provisions as to orders, rules etc. made under enactments

Unit 2 — General Principles and Rules of Interpretation

1. Mimansa Principle of Interpretation, · 2. Literal Construction · 3. Golden Rule · 4. Mischief Rule · 5. Harmonious Construction · 6. Rule of last antecedent · 7. Non-obstante clause · 8. Legal fiction · 9. Conjunctive and disjunctive words ‘or’ and ‘and’ · 10. Construction of General Words (a) Rule of ejusdem generis (b) Rule of Noscitur a Socis (c) Reddendo Singula Singulis (d) Words of rank

Unit 3 — Internal and External Aids to Interpretation

1. Internal Aids: Preamble, Definitions, Sections, Headings, Illustrations, Proviso, Explanation, Schedule · 2. External Aids: Parliamentary History, Debated and Proceedings of the legislatures, Socio, economic and technological developments, Reference to other statutes, International Conventions, Committee Reports

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 4 — Approaches, Restraints and Presumption in Interpretation

1. Theoretical or ideological approach to interpretation, judicial restraint, judicial activism, juristic restraint, juristic activism · 2. Presumption regarding jurisdiction, presumptions against outing established jurisdiction, Presumptions against creating new and enlarging established jurisdiction, territorial extent of jurisdiction, presumption against violation of International Law.

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 5 — Modes of Interpretation of Constitution

1. Constitutional interpretation different from statutory interpretation · 2. Textualist and Originalist Interpretation, Harmonious construction, Historical Interpretation, Reference to constituent Assembly Debates, Structuralist interpretation pith and substance, occupied filed, residuary power, amending power, Moral Reasoning and National Ethos based interpretation Directive principles as source of constitutional interpretation stare decisis, · 3. Pragmatist interpretation, Techniques of innovation (Subversion) of stare decisis Supreme Court’s authority to overrule, retrospective overruling in India. · 4. Advisory jurisdiction and its import on precedent, retrospective overruling in India · 5. Objections to judicial review as anti-majoritarian.

Unit 6 — Construction of Penal, Taxing and Remedial Statute:

1. Rule of strict construction of taxing statutes · 2. General principles of strict construction, Limits of rule of strict construction · 3. Mens rea in statutory offences and BNS, 2023 · 4. Vicarious liability in statutory offences · 5. Distinction between remedial and penal statutes · 6. Liberal construction of remedial statutes

Unit 7 — Commencement, Operation, Expiry and Repeal of Statute:

1. Commencement of statute · 2. Prospective, Retrospective and Retro-active operation of statute · 3. Perpetual and temporary statutes · 4. Effect of expiry of temporary statutes · 5. Express or implied repeal · 6. Consequences of repeal

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