NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

Subject: - PRINCIPLES OF STATUTORY INTERPRETATION- I

Faculty In-Charge: - Ms. Debashree Sarkar
Introduction: The law on interpretation of statutes is one of the most important subjects of law. It comes from
an analysis of the manner in which the courts have developed a method for dealing with the ever
increasing number of statutes, regulations and ordinances. The principles of statutory
interpretation are therefore the instruments in the hands of the courts to administer justice
according to law. The chief source of codified law is legislation. The rules of interpretation are
drawn from the general scope and intention of the legislation from the nature of the transaction
or the circumstances, from the legal rights of the parties independent of the instrument or law in
question and from many other relevant particulars. Interpretation is the process which is adopted
for determination of the meaning of a written document, to determine the intent of the framers of
the documents. It is, to simply say, the art of finding out the true sense of any form of words, the
sense which their author intended to convey. The real task is to find out the meaning of words by
placing it in the context of a given situation. The courts are under a duty not to do any violence to
the words of the legislature. Hence in this course the various methods of statutory interpretation
will be discussed along with its evolving dimensions.
Objectives: At the end of this course, the students will be able to:

To appreciate the primary canons and subsidiary aids of statutory interpretation.

To learn about the various types of statutes and grasp the intention of the legislature.
To gather a basic understanding of the role of judiciary and its precise limits vis--vis the

powers of the legislature.

To appreciate the operation, commencement, expiry as well as repeal of a statute and its
impact on other statutes as well as rights and liabilities of the parties that have been
acquired or incurred as the case may be.

Coverage: In this paper, the discussions will range from learning about the basic canons of statutory
interpretation as well as secondary and subsidiary rules of construction. The course covers
discussion on various parts of statute and principles of construction with reference to specific

types and nature of statute. The paper also deals with the various parts of the statute, the main
and subsidiary rules as well as the internal and external aids that help in the construction of a
statute.
Methodology: The teaching methodology for this course would be predominantly by Power Point Presentations
and case analysis. Since the subject essentially seeks to develop an understanding of statutory
interpretation, the classroom presentation will also undertake to deal in specific statutes and the
provisions contained therein.
The course outline is tentative and is subject to further additions and alterations. The sequence of
the units and topics covered therein is also subject to change.
PRINCIPLES OF STATUTORY INTERPRETATION- I
(Course Outline)

UNIT- I
INTRODUCTION
Nature and Kinds of Indian Laws:
Statutory- Non-Statutory
Codified- Un-codified
State Made and State Recognized laws
Meaning and scope of Statute
Meaning, object and scope of interpretation and construction
Basic Sources of Statutory Interpretation
The General Clauses Act, 1897: Nature, Scope and Relevance (with special
reference to Sections 6 to 8 of the Act)
Definition clauses in various legislations: Nature and Interpretative Role
The Mimansa Rules of Interpretation
UNIT- II
GENERAL THEORIES AND RULES OF INTERPRETATION

A: General
The Function of the Court
Intention of Legislature
Statute to be read as a Whole
B: Basic Canons of Interpretation
The Primary Rule: Literal Rule
Golden Rule

Mischief Rule of Construction: Heydons Case

Construction ut res magis valeat quam pereat
Rule of Purposive Construction
Harmonious Construction
Beneficial Construction
Stare Decisis
Interpretation of General Words
Doctrine of Noscitur-a-Sociis
Doctrine of Ejusdem Generis
Reddendo Singula Singulis
UNIT- II
INTERNAL AND EXTERNAL AIDS TO CONSTRUCTION
A: Internal Aid to Construction
Long Title and Short Title of the Act
Preamble
Preamble of a Statute
Preamble of the Constitution
Headings
Punctuation
Illustrations
Definition
Explanation
Schedule
Proviso, Exception and Saving Clause
B: External Aids to Construction
Parliamentary History
Later Social, Political and Economic Developments and Scientific Inventions
Reference to other Statutes: Statutes in Pari Materia; Reference to earlier and later
Statutes
Codifying and Consolidating Statutes
Effect of Usage and Practice: Contemporanea Exposito
Dictionaries
Foreign Decisions
UNIT- III
SUBSIDIARY RULES
Same word same meaning
Use of different words
Rule of last antecedent
Non obstante clause
Legal Fiction
Mandatory and Directory Provisions

Conjuctive and Disjunctive Words

Construction of general words
UNIT- IV
OPERATION OF STATUTES
Commencement of Statutes
Retrospective Operation
Operation controlled on considerations of constitutionality
Operation controlled on considerations of territorial nexus
Other relevant considerations relating to operations
UNIT- V
EXPIRY AND REPEAL OF STATUTES
Perpetual and Temporary Statutes
Expiry of Temporary Statutes and its Effects
Repeal of Permanent Statutes: Express and Implied Repeal
Consequences of Repeal
Subordinate Legislation under Repealed Statute

Readings: a. Essential Readings in addition to Reading Material:

i.
G.P. Singh, Principles of Constitutional Interpretation, 10 th Edition, Wadhwa, Nagpur,
2006
ii.
Vepa P. Sarthi, Interpretation of Statutes, 4th edition, Eastern Book Company
iii.
V.N. Shukla, Constitution of India, Eastern Book Company, 2001
b. Recommended Readings:
i.
Avtar Singh and Harpreet Kaur, Introduction to the Interpretation of Statutes, 3 rd Edition
Reprint, Lexis Nexis Butterworths, Wadhwa, Nagpur, 2012
ii.
Katju Markandey, The Mimansa Rules of Interpretation, (1993) 1 SCC (Jour) 16
iii.
Sarkar K.L., Mimansa Rules of Interpretation, 3 rd Edition, New Delhi, Modern Law
Publications, 2008
iv. Sutherland on Interpretation of Statutes (Multi Volume), Clark Boardman, Callaghan,
2008
v. Rao M.N., and Amita Dhanda, N.S. Bindras Interpretation of Statutes, 10 th edition, New
Delhi, Lexis Nexis, 2007
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