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Internal Aids To Interpretation
Internal Aids To Interpretation
Tejas Shah
CA Finalist,
India )
Broadly two interpretation aids are available:(1) Internal aids - which are existing in the Statutes itself
(2) External aids - which are found outside the Statutes.
(1) PREAMBLE
Dictionary meaning : Introduction or Preliminary Statement
Preamble contains main object of the Act
Preamble cannot be referred, if language of the
enactment is clear.
Preamble is a key to open the mind of the makers of the
act and the mischief which they intended to remove.
Preamble in Constitution of India.
PREAMBLE (Cont.)
Rulings:(1) Kesavanand Bharati v/s State of Kerala ( 1973 - SC )
Declared by majority that preamble is part of the constitution
(2) State of West Bengal v/s Anwar Ali ( 1952 - SC )
Preamble to West Bengal Special Courts Act, 1950
referred to end the dispute.
(3) Kedar Nath v/s State of West Bengal ( 1953 - SC )
Identical approach as above in No. (2) West Bengal
Criminal Law Amendment Act, 1949
(4) Rastriya Mill Mazdoor Sangh v/s N.T.C ( 1996 - SC )
Held, Preamble cannot be invoked when language is clear.
Textile Undertaking (Takeover of Management) Act, 1983.
(2) TITLE
Short / Long Title - Purpose of title is to give a general
description about the object of the act.
Reference to IPC, CPC, Cr. PC, I.D. Act etc.
Title is not considered if language is clear.
Rulings:(1) Ashwini Kumar v/s Arbinda Bose ( 1952 - SC )
Supreme Court Advocates (Practice in High Courts) Act,
1951. Its Long title An Act to authorize advocates of
Supreme Court to Practice as of right in any High Court
was referred to end the controversy.
(2) Manoharlal v/s State of Punjab (1961 - SC )
Punjab Trade Employees Act. 1940 - Title referred to
settle the dispute.
(3) HEADING
Heading are of two kinds (1) Heading prefixed to a section
(2) Heading prefixed to a group or set of sections.
Heading is treated as preamble to above.
Heading is not useful if language is clear.
Reference to IPC S. 299 to 348. Various heading for
group of offences in various section.
Rulings:Bhinka v/s Charan Sing (1959 - SC )
U.P. Tenancy Act, 1939
S.180 Heading of section Ejectment of Person
occupying land without title was referred by court for
resolving the dispute.
(5) CONTEXT
Study of surrounding provisions provide answers to an
ambiguous or equivocal or intricate word. Read entire
Statute. Study the context in which word is used.
(7) ILLUSTRATIONS
Provisions are made practical through Illustrations.
However, they are not treated as complete.
They cannot control plain meaning.
Interpretation cannot be made contrary to Illustrations.
No extended or restricted meaning can be given to
provisions on the basis of illustrations.
IPC is full of illustrations.
ILLUSTRATIONS (cont.)
Rulings:(1) Shambhunath v/s State of Ajmer ( 1965 - SC )
Illustrations in S. 101 and 106 of
Indian Evidence Act, 1872 referred
Principle evolved on interpreting illustrations.
(2) Moh. Syedol Ariffin v/s Y.O. Gark ( 1916 - PC )
Evidence Act S. 32(5) - Illustration ( L ) referred.
(9) PROVISO
Ordinarily for exception to main section or exemption from it,
Proviso is added in the section.
General rule on Proviso is - it Limits the ambit of the section,
which it qualifies.
If proviso contradicts main enactment, then proviso prevails
as it speaks the last intention of the legislature. However
attempt to reconcile both should be made first.
Rulings:- (1) T. Devdasan v/s Union of India (1964-SC )
Constitution of India Art 16(1) and 16(4)
(2) Ishwarbhai v/s Motibhai ( 1966 - SC )
Bombay Tenancy & Agricultural Land Act,1948
S. 43(c) - Proviso
Example of Proviso :- IPC S. 300 Exception - 1
& Proviso 1 to 3.
(11) RULES
Rules are understood as showing procedure necessary for
administration and execution of main Act.
Sometimes rules provide clarification for ambiguous
provision of the Act.
Rules are considered as part of Statutes.
Examples:- (1) I.D. Act 90 Rules (2) BIR Act 76 Rules
Rulings:- (1) TELCO v/s Gram Panchayat (1976 SC )
Bombay Village Panchayat Act, 1933,
S .89 and Rule 108. Meaning of House
(2) 1913 Calcutta Case
CPC, 1908 S. 107
(12) FICTIONS
Fiction is a legal assumption which , In Fact, does not exist.
Examples:- (1) Hindu Marriage Act, 1955
S. 29 (1)(2)(3)
Rulings:- (1) State of Bombay v/s Pandurang ( 1981-BH )
S.16(1) Bombay Buildings ( Control and Eviction )
Act, 1948 & Bombay Buildings ( Control and
Eviction ) Ordinance, 1948.
(13) EXPLANATION
Explains meaning of a particular provision
Doubt, Confusion, Ambiguity, vagueness etc removed
Offers additional support to the object of the provision
(14) SCHEDULE
Schedule indicates how claims or rights under the act are
asserted or powers exercised.
It comes at the end of the act.