Interpretation of Statutes
Tamil Nadu Dr. Ambedkar Law University · LL.B. Semester 3 · TA3C
Unit I — Introduction
What is a Statute? - Different parts of a Statute- Commencement, Repeal & Revival of Legislation - Codification & Consolidation.
- Statutes (Enactments) — Meaning and Classification
- Commencement of Statutes — Prospective application, Retrospective effect, Repeal of Statutes, Provisions dealing with repeal under the General Clauses Act
- 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 II — Interpretation
Meaning - Significance of Interpretation - Need for interpretation - Object of Interpretation - General principles of Interpretation - Literal or Grammatical - Logical Interpretation - Rules of Interpretation - Literal or Plain Reading Rule - Mischief Rule - Golden Rule - Subsidiary Rules.
- 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 III — Construction
Beneficial Construction - Restrictive Construction - internal Aids & External Aids - The Different Parts of the Statutes in 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
- Rules of interpretation of Statutes — Literal, Mischief and Golden rule of interpretation
Unit IV — Interpretation of Taxing Statutes- Strict Construction
Interpretation of Taxing Statutes- Strict Construction - Beneficial Construction.
Unit V — Construction of Penal Statutes - Strict & Beneficial
Construction of Penal Statutes - Strict & Beneficial Interpretation - Interpretation Regarding Punishments - Mensrea.
Unit VI — Interpretation of Imperative Statutes and Directory
Interpretation of Imperative Statutes and Directory Statutes.
Unit VII — Constitutional Interpretation a) Interpretation of Constitution
Preamble as a tool for Interpretation - In re Berubari Union & Exchange of Enclaves case - Doctrine of Pith & Substance - Doctrine of Colourable Legislation - Presumption in favour of Constitutional Validity of Legislation. b) Interpretation of Fundamental Rights: Menaka Gandhi’s case - E.R Royappa’s case - Keshavanada Bharati’s case etc. -Fundamental Rights & Directive Principles - Harmonious Construction - Human Rights & Fundamental Rights.
Unit VIII — General Clauses Act 1897
Definition - General Rules of Construction - Provisions relating to Order & Rules.