Module 1- Introduction

 What is a
a. Statute
b. Enactment
c. Difference between statute and enactment
 Statute- It is the will of the legislature (centre or the state) which includes the
government as well as opposition.
a. How is it passed?- To confer benefits or solve problems- government will assign the
job to the law secretary with the guidance of the law ministry and the law officers- the
attorney and advocate general
1. To satisfy ramifications, once rules are prepared they may be sent to legal
experts which include opposition experts of law, professors etc and changes will
be recommended
2. Once approved – will be introduced in the legislature- voted upon- once the
president (centre ) and governor(state gives assent- it wil come into force
3. While being addressed in the house- it will be called clause and sub clause- later
when it is called it becomes section and sub section
 Enactment- S.3(19) of the General Clauses Act, 1897- A section or a part of a section in
the act which a court interprets and applies, is sometimes referred to as an enactment- an
enactment may mean a whole act or a part of it.
a. Enactment- is a part of the statute- it is a specific provision within the statute
b. Term statute under General clauses act- broader term- upon context statute includes
enactment
c. To prevent ambiguity, the drafting has to be simple and precise.
 Factors which cause doubt in a Statute are
a. Drafters may regard certain words as implied- but readers may not realise the
same ( imperfections in language)
b. Drafters may intentionally use broad terms- leaving it to judges to decide its
scope.
c. Ambiguous terms may be used (bottle- may mean plastic bottle or glass bottle)
 d. Unforeseeable changes- when evidence act came into being- no mobile phones-
unforeseeable circumstance
e. Inadequate wording- printing error and other errors.

 Salus populi suprema lex

 Points
a. To be precise and specific is to increase complications- it increases when we write
everything in too much detail
b. Balance needs to be struck between lawyers and laymen
c. While drafting laws- we need to keep in mind the people for whom statutes are being
drafted for.
 Types of bills
a. Public bill- framed by government with the aid of the law ministry and the law
officials-
b. Private bills- introduced by the member who is not in executive but is similar to the
nature of a public bill- when its private- it will target a group as organization or
members
Chapter VI of Lok Sabha Rules- private member bills will be discussed only every
Friday for 2 hours.
c. Private members bill – bills introduced by individual legislators.
1. 2014- transgender rights bill- was a private members bill
2. Only 17 private member bills have ever been passed in the history of the Indian
parliament
 Optima lex minimum relinquit arbitri judicio, optimus judex qui minimum sibi-
That system of law is the best which relinquishes as little discretion as possible to the
judges- that judge is the best who relies the least on his opinion.
 Interpretation and construction
a. Process by which courts seek to ascertain meaning of legislature through the
authoritative forms through which it is expressed is known as interpretation and
construction
b. Interpretation- art of finding the true sense of any form of words
 c. Emphasis is on who has drafted the law in interpretation
d. Construction- drawing conclusions on those words, respecting subjects that lie
beyond the direct expression of the text.
e. When we decide on ambiguity its interpretation- and when we decide on vagueness
its construction.
f. Interpretation recognizes deserves linguistic meaning on semantic content of the legal
text. Semantic relates ti meaning in language- when only semantic context is referred
to- its interpretation.
g. When one moves beyond the meaning and semantic context- it is construction
h. Rule of syntax comprises of
1. Subject
2. Verb
3. Object.
 Semantic context- In order to understand the text of the statute- semantic context s
important- there are two things
a. Rule of syntax- how words need to be arranged- where verb has to be placed, and
where noun has to be placed- along with subject matter and object.
b. Grammar- using of words in different parts of the speech and tenses.

According to William blackstone, the context must be looked in to decide upon the
meaning in case of multiple meanings of the term

When a term is filled with ambiguity and vagueness- court will decide

Ex- Art. 19(1)(a) deals with freedom of speech and expression- in national anthems case-
it was held that the right to speech includes the right to remain silent too. (illustration of
construction)

Mimamsa rule of interpretation

 The constitution does not prescribe any specific mode of interpretation. However, J.
Markandey Katju has been applying the Mimamsa rules of interpretation
 Mimamsa- means to investigate- Katju got to know about these principles from
Venkatacheliah, CJ
  Professor K.L Sarkar published a book on mimamsa rule of interpretation- delivered 13
lecures in Tagore college- these 13 lectures constitute mimamsa.
 Katju- should the constitution apply any specific rules of interpretation, we must apply
both Maxwell and mimamsa.
 Surjit Singh vs Mahanagar Telephone Nigam ltd- ot was sir john edge who first applied
mimamsa rules of interretation to decide on personal laws- John edge was the CJ of
Allahabad HC- Katju said while tracing the history of mimamsa.
 These rules are more than 2500 years old- very limited literature- developed by rishi
jaimini.
 At one point of time, when there was separation between law and religion- only personal
laws were issued before the constitution- as more and more statutes were enacted- scope
of law expanded- with growth of rights and duties
 This law was used to reslve conflicts between sruthis and smrithis- they also dealt with
disputes regarding performance of rituals
 Katju believed that mimamsa was superior to Maxwell- the british only wanted to
suppress mimamsa to leave behind the colonial legacy.

Rules of interpretation

 Sarthakya- every word should have a purposeful meaning- one cannot use a word which
is senseless- drafter must have meaning attached to the word
 Anthikatwa- means that whatever meaning we assign- it must be uniform across the
statute
 Gunapradhana- reconciliation of all ideas with the principal idea- different provisions
will be interpreted according to the preamble.
 Samangasya- contradictions should not be presumed- on the contrary- reconciliation
should be attempted- harmonious construction must be done
 Vikalpa- means choice between two meanings of words is permitted depending upon
context, consequences and facts of the circumstances
 Anarthakya- An interpretation which makes the phrase meaningless should be avoided
  Shruthi- means to hear- Also known as Abhida- it is the literal rule of interpretation-
giving meaning to text as it is- plain meaning will be given and the spirit of the
legislature will not be looked into
 Linga- applied in surjit singh case- indicative meaning may be understood in the interest
of the society or organization Eg- in villages- laborers will tell others that it is about to be
sunset- this means their workday has come to an end
 Vakya- means sentence- this is governed by rules of syntax and rules of grammar-
interpret the sentence through syntactical arrangement.

Points-

 Mimamsa- literal rule of interpretation was called shruthi

 Prakarana principle –refers to principles of construction by referring to other textsin order
to make the meaning cleat
 Prakarana- means like in pari material.
 Sthana principle- relative provision of one text with reference to another.

Surjit Singh vs Mahanagar Telephone Nigam ltd- husbands’ telephone lines too were cut
when the wife failed to pay for her connection – is clubbing the two legal- linga applied- no they
are tw separate entities.

Intention of the legislature

 Problems of interpretation
1. Words are not scientific symbols
2. Language is imperfect
3. Once legislature is made, it is functious officio
4. Concepts of purpose and object or reasons and spirit.
 Construction definitions
1. Gajendragadkar- the just and primary rule of construction is that intention must not be
found in the words used by the legislature itself
 C- standard charters bank vs Directorate of enforcement- whether company can be
imprisoned and taxed.
1. S.56- offence- any person for a crime involving more than 1000000 Rs-
imprisonment shall not be lesser than 6 months- can extend to upto 7 years.
2. S.50 and 51 of fera and fema- notices sent under these provisions.
3. 2 views-
a. It was a question of rectification, not of interpretation.
b. Either fine or prosecution- interpreted as a dual requirement.
4. Maxims applied
a. Judicest just decree non dare- judge interprets, not make laws.
b. Lex non cogit ad impossibilia- law does not contemplate something which
cannot be done
5. Reliance on veliappa textiles case- held tht IT act s.27 does not apply to juristic
persons- however later it amendment came- juristic persons could be prosecuted
6. In this case- rectification was suggested.
7. Impotentia excusat legem- law excuses someone from doing that what is impossible-
8. C- Seaford court estates vs Asher- Judicial heroics were warranted to cope with
difficulties arising in statutory position- this approach disregarded in Punja Land
Development authority case
9. Oliver Wendell Holmes in US vs Union Supply said that only because a meaning is
impossible- it does not mean that the defence should escape.
10. Bennions statutory interpretation rule- ‘In case the law compels an impossibility, it
will be presumed that the pariliament intended it to be modified so as to remove the
impossibility.
a. Principle followed in the maxim- ut res magis valert quam pereat- law which does not
work should be made workable
11. Maxwell- as far as penal statutes are concerned- strict interpretation should be done,
and the accused should get the benefit of doubt.
12. B Srikrishna. J- had to stand by the Lis judgment in Veliappa textiles and so he stated
that the appellant cannot be prosecuted
 13. Balakrishnan- appellants cannot be let scot free- they had committed exonomic
offences- which affected the society
14. Majority
 judges referred to other statutes too and stated that person includes natural
and juristic persons
 S56 of FERA- if offence is less than one lakhs- punishment is only fine and if
they are above one laks- both imprisonment and fine are included- FERA
was amended in 1973 by the parliament which incorporated imprisonment as
a punishment for offences above rs one lakh.
 CrPC doesn’t let companies go scot free merely because they have no
physical presence-
15. Minority
 Stated that imprisonment and fine should be interpreted as imprisonment or fine
 Such interpretation would be a violation to common sense (duh)
 C- Iridium India Telecom ltd vs Motorola inc.
1. Question- 5 judge bench- when enactment prescribes punishment and fine- what wil
be its impact on a juristic person that includes a company
2. Srikrishna J- had to aide by the decision in Veliappa textiles case- gave a decision
consistent with velliappe textiles case
3. S.56- legislators wanted to punish perpetrators for offences over Rs 1 lakh- how can
one deviate from the intention by arguing that the words would not allow that
4. One should not have deviated from the intention of the legislature- these should be
looked into with regard to the intention of the legislature
5. Present position- later cases deal with criminal liability of corporates – (Iridium India
telecom and sunil bharti mittal)
6. In Motorola case- SC applied the alter efo principle- liability of the directors has
been made clear-alter ego principle applied to pierce the corporate will- liability
will be decided by the prosecution
 C- Sunil Bharti Mittal- SC held that directoes of a company would be liable according
to vicarious liability provided that strong evidence was present as to suggest that they
acted fraudulently.
Cassus Omissus

A case omitted by the parliament is to be omitted as if it was intentionally omitted- However

this principle is no longer in use- courts almost always attempt to fill gaps.

 Basic principles of interpretation/construction

1. Fundamental rule of interpretation is the intention of the legislature. We have
seen application of intention of legislature in Standered chartered case as well as
Veliappa textiles case
2. Statute must be read as a whole in its context
3. Statute has to be construed to make it effective and workable (part of standard
chartered judgment)
4. Plain meaning and effect shall be given to the same irrespective of the consquences
(minority of standard chartered)
5. Language of the statute should be read as it is
6. Addition or substitution of words must be avoided.
 Four situations of filling gaps in a statute
1. Due to obvious drafting mistake- court will fill it – not look at cassus omissus
2. Not possible to envisage long time impact- say after 50 years
3. To make the legislation understandable
4. By giving strained meaning to a particular word
 Strained meaning- ordinary sense of the word
 Ex- for insure purposes- will accidents that happen in parking lots be considered
as ‘road accidents’
 C- Inco Europe vs First choice of distribution
1. In discharging its interpretative functions- court can correct obvious drafting mistakes
2. Court can add, delete or substitute words, but has to follow three preconditions
a. Intended purpose of the statute
b. Draftsmen and parliament failed to give effect to that purpose
c. Substance of provision that parliament made- had it noticed error in the bill, it
would have corrected there itself.
 C- This was also upheld in the siraj ul haq vs Sunni Central Board of UP case by J
P Gajendragadkar.

 Harmonious construction
1. Circumstances which courts look into for harmonious construction
a. When there is inconsistency between two provisions of the same statute
b. When there is a conflict between two rules framed under the statute
c. Even when there is a conflict between articles of constitution, court will apply
harmonious construction.
d. Even where two states provisions are clashing, this rule of special statute cannot
be brought- Basic purpose of HC is to give effect to both provisions and not to
destroy a single provisions and not to destroy a single provision, and the same is
the beauty of harmonious construction

Ex- Narcotics Act and CrPC

2. C- Sirsilk co ltd vs Govt. of AP

a. Facts- S,17 and S.18 of the Industrial disputes act was in question
 S.17- interim or final determination of any industrial dispute ot of any question
thereto
 S.18- Settlement means settlement arrived at in the course of conciliation
proceedings which includes a written agreement
 Order referring certain disputes between employer and workers- decided by a
tribunal- sent its award ot government
 Under S.17- award has to be published by the appropriate govt. within a period of
30 days after receipt of the award
 Before the award was published- the empl-wrokers came up with a settlement-
later sent a letter to govt. to withhold the award
 Govt. expressed its inability to withhold the award- said that S.17 was a
mandatory provision
 226 petition filed in the high court
 Held
 - S. 17 is mandatory as it is followed by S.17(2) which states that it cannot be
challenged
- SC referred to Bihar vs DN Ganguly case- held that since the purpose of the
ID act was harmony and peace- SC stated that the settlement should be taken
into consideration.
 Literal rule of interpretation- Textualism
1. Ordinary or material meaning of the words are considered
2. Technical words ate taken in technical sense
3. Legal sense of words are taken into consideration
4. Consists of
a. Intent of the parliament
b. Intention has to be found by examination of the language used in the statute as a
whole.
5. Advantages
a. Certainity
b. Upholding supremacy of parliament.
6. Disadvantages
a. Judges may not look into absurdity and create hardships to the people. They may
not look into consequences
7. C- Whitely vs Chappel- The defendant pretended to be someone who had recently
died in order to use that person vote. It was an offence to “impersonate any person
entitled to vote ;. In this case he impersonated a dead person, who was anyway not
entitled to vote. So, he was not punished under this section
8. Rule of literal construction- natural and ordinary meaning needs to be taken into
consideration, popular meaning- technical words to be used in its literal sense
9. C- Ramavatar Buddhiprasad vs Asst sales tax commn, akola
a. Order passed by assistant sales tax commissioner- validity of the same was
challenged on the ground of violating Art. 19(1)(g)
b. S.6(1)- No tax shall be payable on the sales of goods specified under Schedule 2
of this act- subject to exceptions. Schedule 2 had the follows
- Item 6- vegetables
 - Item 36- Betel leaves.
c. 1948- amendment made to Berar sales act-Item 36 was removed
d. Petitioner- order of the sales tax was incorrect- also said that beetel leaves is still
exempted as it came under vegetables
Respondent- beetel leaves no longer existed- they had authority to pass the order
e. SC
a. Even though beetel leaves would come under the dictionary meaning of
vegetables
b. Common parlance- beetel leaves will not be considered as vegetable-
vegetables are those which are found in kitchen, garden and used for the table.
 Golden rule
1. Done in 2 ways-
a. Narrow sense- where it leads to absurdity
Words must be used in its ordinary grammatical sense while interpreting the terms
unless the same leads to absurd or repungent meaning.
b. Wider sense- amount to obnoxiousness- higher effect and opposed to public
policy.- If a son kills father for property- and he is allowed to inherit that father’s
property- it would lead to obnoxious result- Grey vs Pearson

 Mischief rule

The mischief rule is more flexible than the Golden or Literal rule, in that the mischief rule
requires judges to look over four tasks to ensure that gaps within the law are covered.

1. Heydon’s case
a. Ottery college transferred the ottery manor to a man named ware and his son ware
b. Transferred under a copyhold- an ancient instrument of transfer that transferred
manor in return of services such as agricultural services, or following of the custom
c. Later- the same property was leased to one Mr Heydon for 80 years in return of rents
equal to the traditional rent for the components of the parcel
 d. Less than a year later- act of dissolution done- ottery college lost its land- under the
new rule- any grants made more than a year ago prior to enactment was kept in force
e. To find out more about the legislation, 4 principles were laid down
 One must know what the common law was before the act- in this case the
common law was such that religious institution could transfer their land without
any restriction
 What was the mischief for which common law did not provide- when people got
to know about the act they resorted to double transfer-private convenience- this
was mischief
 Remedy- needs to be provided for.
 what was the reason for the remedy- state wanted to take over the property when
the period was over.
f. Court of exchequer- grant to wares was protected- but the lease to heyden was void
 C- Smith vs Hughes
1. S1(1) of the street offences act- states that it shall be an offence for a prostitute to
loiter or solicit on the street of a public place for the purpose of prostitution
2. 6 prostitutes were booked- one of them was seducing passersby from the building and
another one was calling them inside
3. Police officer saw this for 2-3 days- booked the prostitutes – her defence was that she
was not on street
4. Judgement- the object of the act was to help people move more freely- if literal rule is
applied- they wouldn’t be held liable- mischief rule- they will
a. Law before making act- no law
b. Mischief relating to which law did not provide- act did not provide for
prostitutes from adjoining buildings
c. Remedy which act provided- prostitutes are playing mischief- remedy was to
cleanup strret and walk freely
d. Reason for remedy- court held that prostitute is liable for offence
 Cutter vs Insurance company
a. There were 2 sections- 192 of road traffic act – roads defined as highway or road to
which public access is provided
 b. Q- whether parking lots are included as roads
c. Courts- used strained meaning- stated that they are roads. (not included normally- but
the word is stretched to include the present case)

Internal aids to interpretation

Long title- Ex- TOPA- An act to amend law relating to transfer of property.

Preamble of the constitution- it is expredient to define and amend certain parts of the law
relating to TPA by act of power- it is enacted as follows

Both if these are not used as aids to interpretation- however they should be

Headings- heading is looked into in cases of heading of chapter and heading of group of sections

 Section also called marginal headings- not deliberated upon the parliament
 Most interpretors don’t look into marginal headings- They are not deliberated in the
parliament and are un-amenable.

Marginal notes- several cases are there in which the court referred to marginal notes- ma

Punctuations- use began only after 1850- prior to that- there were no punctuations

 We have to be careful with punctuations. Court has held that the intention of the
legislature is more important than the punctuations. Notwithstanding this, punctuations
are significant in the rule of law
 Ram sham or bheem case- should a comma be interpreted as and or or- problem with
interpretation is that something is interpreted however it is- comma would stand for ‘or’
 Mohd. Shabir v state of Maharashtra , 1979 SC 2J bench
1. Facts: Sr. Railway sub insector of boswala informed drug inspector of jalgaun that a
person has been taken into custody who is having 17,000 white tablets.
2. Drug inspector came next day and took the tablets into custody and gave them to a
public analyst. After analysing, filed a case against mohd. Shabir under the drugs and
cosmetics act, 1940
3. 2 charges filed-
a. S.27A (1) and S. 27A (2) of drugs and cosmetics act, 1940
 b. S.28 r.w S.18A
4. S. 18 (c) – manufacture for sale, or sell or stock or exhibit for sale...(basically talks
about license)
5. S.27 – penal section under which offence is punishable
6. S. 27A (2)- need a valid license under S. 18 (c)
7. Imprisonment for not less than one year
8. S.18A – disclosure of info to the inspector – from whom he got the tablets (in this
case he didn’t do so)
9. S. 28 – non disclosure u/s.18A is punishable with imprisonement of 2 yr or fine of
500 or both.
10. Mohd. Shabir pleaded guilty in trial court stating that whatever has been contested is
true. But asked to show mercy as he is the only earner in an agricultural family.
11. The court found him guilty under:
a. S. 27A (2)- license
b. S. 18A r.w. S. 28 – failed to disclose
12. Trial court didn’t punish him on different counts but took the charges in totality. It
punished him ‘till the rising of the court’. Showed sympathy. Crpc doesn’t specify the
place of imprisonment.
13. State of maharshtra went to HC against this decision. HC enhanced the punishement.
It found him guilty only under S. 27 A (2) and gave him 1 yr RI and Fine of 200.
14. SC appeal. SC acquitted him under S.27 in toto.
15. S. 27 – “whoever himself or by another manufactures for sale, sells (stocks or exhibits
for sale) or distributes..”
16. Absence of comma after stocks means ‘stocks for sale’ and not just ‘stocks’. Though
the apposition said that the most probable reason for stocking is sale the court
remained unsatisfied on that point and so acquitted him.

Illustrations

Definition sections

 Section 2 of every act- terms like means, includes, means and includes, denotes, to apply
and to include, deemed to include
  These may also refer to definitions given in the general clauses act.
 Article 366 of the constitution includes all the definition sections
 Sometimes statute makes reference to other statutes- like companies in the companies
act- this is not convenient
 Bengaluru Water Supply vs A Rajappa- J. Krishna Iyer sat on the seat of the
legislature and redefined Art. 2(j) of the constitution
 While reading an interpretative clause- we come across multiple terms
1. Means- Exhaustive in nature- ‘means A, B and C”
2. Includes- it is extensive- similar things can be brought in – Art. 13(3)(A) of the
consti- similar things to this can be brought in
3. Means and includes- again restrictive in nature- however the term ‘and’ has made
the difference whereby some new situations were brought within its ambit.
4. Denotes- stands for includes only
5. To apply and include- extensive
6. Deemed to include- it is fiction and will be extensive and not restrictive.
 C- Dilworth vs Collector of stamps- In this case, the Court held the word “include” is
very generally used in interpretation clauses in order to enlarge the meaning of the
words/phrases occuring in the body of the statute, and where it is so used these words or
phrase smust be construed as comprehending not only such things as they signify acc to
to their natural import, but also those things which the int. clause declares it to include.
But the world “include” is susceptible of another constructio0n, which may become
imperative, if the context of the Act is sufficient to show that it was not merely
emploeyed for the purpsoe of adding to natural significance of words defined, and thus
are exhaustive in nature.

Proviso

 Establishes two things

1. Serve as an exception to the general thing
2. To qualify the general things
 It will be subjected to straight interpretatiosn- no argument of necessary implication,
when it comes to proviso, analogy
  It only applies to the one clause that it is mentioned under

Explanation schedule

 An explanation may be appende to a section, a clause, or a group of clauses. The purpose

behind the same is to ensure clarity. It becomes a part and parcel of the enactment
 C- Bengal Immunity Co.'s case 22 the Explanation appended to Article 286(1) was
restricted to its avowed purpose of explaining an outside sale for purpose of clause (1)
and was construed as not conferring any taxing power or as restricting the ban imposed
by clause (2) of the same Article. However, an identical Explanation contained in a State
legislation was construed differently and was held as conferring taxing power. The
context and setting of the two enactments, it was pointed out, made the entire difference
although the language was identical

Transitionals provision

 A provision which is brought into force for a particular period of time. Once the priod
ends, it cannot be used. The indian constituion has certain transitional provisions too.
 Eg. Article 392 of the contstution provided that no such order shall be made after the 1st
meeting of the Parliament duly constiuted under Chapter II of Part V. Thus, this
provisison is only applicable for period of time, till the 1st session of Parliament is
constituted.

Schedules

 Schedules are present at the end of every statute. This is done becasyse there should be
no inconvenience when reading the section the sectio nshould be be burdened with
privsions. This is why its given at the end.
 The schedule helps in ascertaining how the policy of the enactment needs to eb
interpreted/implemented.
 Schedule can prevail over the enactment. This is because implementation of polocy of the
enactment is provided for in the schedule. Eg. We know how much schedule 7 of Consti
dominated.
Legal fiction (an assertion that is accepted as true for legal purposes, even though it may be
untrue or unproven)

 C- Indra Sharma vs KV Sharma

Sec. 2(f) of domestic violence act, 2005
2 issues:
1. Whether a live in relationship would amount to a relationship in the nature of
marriage under sec. 2(f)
2. Disruption of that relation by failing to maintain a woman in such a relation- does it
amount to violence under Sec. 3 of the act
Facts : A and R- in relationship from 1992- 2006. Lived in the same house.

Appellants
1. Relationship bw them -14 yrs
Respondents
1. A knew that R was married and still indulged in live in relationship.
2. The vellaswamy test conditions are not fulfilled-
3. the parties were not qualified to enter into a marriage as R was already married.
4. fraud
- Magistrate court said he needs to pay
- Sessions court also upheld the same- looking at the period they stayed together.
HC- there is domestic violence- A’s contention that their relationship falls under S. 2(f)
was rejected. She appealed to SC.
Sec. 2(f)- domestic relationship means relationship between two persons who live or
have, at any point of time, lived together in a shared household, when they are related by
consanguinity, marriage, or through a relationship in the nature of marriage, adoption or
are family members living together as a joint family;
2. Final conclusion of indra case- live in relationship does not fall within the ambit of
relationship in nature of marriage.
Other stuff

17. Is preamble and long title enacting a part of the statute- No- but they hold
significance in interpretation in cases of ambiguity
18. Consti- played an important role in interpretation in the Keshavananda Bharti and
Minerva Mills case
19. Can long title be used for interpretation- according to ashwini kumar bose vs
Aurobindo Ghose- yes you can.