CENTRAL UNIVERSITY OF SOUTH BIHAR

SCHOOL OF LAW AND GOVERNANCE

PROJECT WORK ON INTERNAL AID OF INTERPRETATION: AN ANALYSIS

UNDER THE SUPERVISION OF:

Dr. AVINASH KUMAR

(LAW OF INTERPRETATION)

SUBMITTED BY:
ARCHIT VIRENDRA SHARMA

B.Sc. LLB.(7TH SEM.)

CUSB1513125032

2015-202
ACKNOWLEDGEMENT
It is a great pleasure for me to present the final draft of the project topic. I
am very much obliged to my revered teacher Dr. Avinash
Kumar(Assistant Professor) of Central University of South Bihar, Gaya
who has given me a task to complete the project work. I am very much
helped by him regarding the formation of this final project.
I express my heartfelt indebtedness to Dr. Avinash Kumar who
showed me the path and helped me to understand the project topic. It was
not possible for me to make the final project if I was not being helped by
him. He acted as my mentor and also a guide to help me to understand the
whole of the provision and provided me with the proper synopsis of the
project work.
I would like to express my gratitude towards my parents for their kind co-
operation and encouragement which help me in completion of this final
draft.
I would like to express my special gratitude and thanks to the
computer lab assistant who provided me all the facilities regarding the
conditioned computer with a good wi-fi net.
My thanks and appreciations also go to my colleague in developing
the project and people who have willingly helped me out with their
abilities.

Thanks

INDEX
Sr. no. CONTENTS Pg no.
01. Introduction 04
02. When aids to construction can be 04
legitimately invoked
03. Kinds of aid to construction 05
04. Internal aid 06
05. Tittle 07
Short Tittle
06. LONG TITTLE
 Meaning 08
 History 09
 Principles involved 09
 Judicial decisions 10
 Limitations 11
07. PREAMBLE
 Meaning 11
 Importance 12
 Utility 12
 Judicial decisions 13
 Limitations 14
08. Conclusion 15
INTRODUCTION
The dictionary meaning of the term "aid" is help or assistance. The expression "aid to
construction" would mean the help or assistance sought by the courts for construction of an
ambiguous word. The prime object of interpretation is to draw true intention of Legislature
from the words itself employed in the language of a provision. But where the words suffer
from ambiguity, it is necessary to remove the same by construing it, so that legislative intent
can be given effect to. When a word used by the Legislature in a statutory provision bears
more than one meaning, it is to be determined which of those meanings is true one in the
context. For arriving at the true sense of such ambiguous word, the courts may examine each
meaning given out by that word and finally adopt that meaning which is in tune with the
legislative intent. In this process, for ascertaining correct meaning of an ambiguous word, the
courts may seek necessary help from the text of the same statute or may refer to some other
statute or document or the facts leading to enactment. Such assistance is
known as "aid to construction".

WHEN AIDS TO CONSTRUCTION CAN BE LEGITIMATELY INVOKED:

The aid to construction cannot be called upon at any time. It is only under specific
circumstances that they can be lawfully invoked. These circumstances are the same which
necessitate the process of interpretation. Supreme Court has held in number of cases that if
the words are clear, plain and precise and are susceptible to only one meaning, then that
meaning should be applied and there is no question of interpretation. However, where a
particular word carries more than one meaning thereby rendering the language open to
alternative constructions, the courts shall have to decide what meaning should be assigned to
the particular word and which interpretation of the statutory provision should prevail. For this
purpose, the words and the language is required to be construed for ascertaining the true
legislative intent. Whenever the words are required to be construed for the reason of
uncertainty in meaning, the aids to construction can be called upon. Therefore, the
circumstances in which invocation of aids to construction is permitted are as under:

(a) Where the words used in the language bear more than one meaning.

(b) Where there is uncertainty about the meaning of a word.

(c) Where it is not clear as to which meaning a particular word should be assigned With
reference to the assembly of words used in a provision.

(d) Where due to several meanings of a word, the language of a provision can be reasonably
understood in different senses.

(e) Where more than one distinct constructions of the language are possible and it is to be
determined that out of many which one should be upheld.
(f) Where the results drawn by assigning plain, ordinary and natural meaning to the words,
are unintended and absurd.

(g) Where, by assigning plain meaning to the words, the inferences are undesirably against
the policy or object of the statute.

(h) Where the natural and ordinary meaning fails to effectuate the legislative intent or
obstructs advancement of object of the statute or frustrates the very purpose of the
enactment1.

In State of Maharashtra v. Marwanjee F Desai, the Supreme Court held that true intent of
the Legislature shall have to be gathered and deciphered in its proper spirit having due regard
to the language used therein. Statement of objects and reasons is undoubtedly an aid to
construction but that by itself cannot be termed to be and by itself cannot be interpreted. It is
a useful guide but the interpretations and the intent shall have to be gathered from the entirety
of the statute and when the language of the sections providing an appeal to a forum is clear
and categorical, no external aid is permissible in interpretation of the same.

KINDS OF AIDS TO CONSTRUCTION

As discussed above, the aid or assistance for construing a statutory provision can be taken
broadly from two sources:
Firstly, from the same statute book and secondly, from any outside source like other statutes
or documents etc. In the former case, for the purpose of ascertaining the true
sense of an ambiguous word, the courts seek assistance from various parts of the same statute
book such as its title, preamble, heading, definition clause, proviso, explanation etc. The
courts do not look for anything outside that enactment and confine themselves to the same
statute book, the provision of which is being construed. Since the assistance is sought
internally i.e., from within four corners of the same statute, such aids are known as “Internal
Aids to Construction". However, if the ambiguity is not resolved by resorting to internal
aids, the courts may, in their quest to interpret a provision, step out of the statute book and
consult other laws on the subject or other relevant documents to throw light on the correct
meaning of an ambiguous word. Since this assistance is sought from outside sources, it is
called “External Aids to Construction”. It is taken from outside the statute.

1
“Singh Avatar & Kaur Harpreet”, Introduction to Interpretation of Statutes, Lexis Nexis, 4 th Edition 2016,
(Pg no-75)
INTERNAL AIDS OF INTERPRETATION:
It means those aids present in the statute itself. They are present in the statute itself. They are
to be referred from within the statutes itself. Each and every part of statute helps in
interpretation. That is what internal aid is part of statutes. We need not to go beyond the act.
Part of statute have some intention and meaning and have some bearing upon the statutes.

Besides its various sections, a statute has many other parts, such as the short tittle, long tittle,
preamble, marginal notes, headings, definition or interpretation clause, proviso, illustrations,
exceptions and saving clause, explanations, schedules and punctuations. It is important to
know that these parts can be of any help to the courts in the interpretation of section. The
question is whether they can act as internal aids to interpretation. So following can be said to
be part of statute and also considered as legitimate aid of interpretation.

 Tittle
 Preamble
 Heading
 Definition or interpretation clause
 Marginal notes
 Proviso
 Illustrations
 Exceptions and saving clause.
 Explanations.
 Schedules
 Punctuations

But my topic of discussion is about analysis of long tittle and preamble. Both are the parts of
the statute and can be helpful in construing a provision. Reference can be taken by court from
both while construing a provision or resolving the conflicts. The long title may be
legitimately pressed into service for effective guidance in resolving the ambiguity in a statute.
Preamble is a statement given in the statutes in the beginning. It is a part of the Act and sets
out its scope, object and purpose. It provides a summary of the statute. It reflects the gist of
law. It is an expression of intention of Legislature in bringing out the enactment. It conveys
the main objectives which the legislation is intended to achieve. It is a sort of introduction to
the statute.

TITTLE:
Title is an important part of the statute. It is given on the top of the statute book. Earlier, title
was not considered to be a part of enactment and as such it was not utilized for the purposes
of interpretation, but now the situation has changed. JUSTICE S.R. DAS observed, that it is
now well settled law that the title of a statute is an important part of the Act and may be
referred to for the purpose of ascertaining its general scope and of throwing light on its
construction, although it cannot override the clear meaning of an enactment. Yet, the true
nature of law is to be determined by its substance and not alone by the name or title given to
it. In construing a statute, guidance may be taken from its title but it can neither be used to
narrow down or restrict the plain meaning nor can be granted overriding
effect on clear meaning of an enactment. There are two kinds of titles in most of the statutes,
viz.,"Short title" and "Long title"2.

Short Tittle:
Short title may be considered to be a nick name. According to LORD THERING, every Act
of Parliament should have a short title ending with the ear in which it has been passed. For
example, "The Code of Criminal Procedure, 1973" and "The Code of Civil Procedure, 1908”
are short titles of these Acts. The short title is always given on the top of the statute book. An
Act or Regulation may be cited by reference to its short title. The object of short title is
identification and not description. Like from the short title of "The Consumer Protection Act,
1986", one can identify that this is an Act relating protection of consumer rights. Similarly,
"Indian Contract Act,1872". Even though it is part of statute, it has no role to play while
interpreting a provision. Neither can it extend nor can it delimit the clear meaning of
particular provision.

I. LONG TITTLE:
It is now settled that Long Title of an Act is a part of the Act and is admissible as an aid to its
construction. The long title which often precedes the preamble must be distinguished with the

2
“Bhattacharya T”, The Interpretation of Statutes, Central Law Agency, 10 th Edition 2017, (Pg no-196)
short title; the former taken along with the preamble or even in its absence is a good guide
regarding the object, scope or purpose of the Act, whereas the latter being only an
abbreviation for purposes of reference is not a useful aid to Construction.
An Act is mentioned in the statute book in small letters
below its short title and before its preamble. The long title generally starts with the words
"An Act ......... ". For example, the long title of the Code of Criminal Procedure, 1973 is "An
Act to consolidate and amend the law relating to criminal procedure". The Supreme Court
Advocates (Practice in High Courts) Act, 1951 bears long title "An Act to authorize
Advocates of Supreme Court to practice as of right in any High Court". The long title of
Consumer Protection Act, 1986 is "An Act to provide for better protection of the interests of
consumers and for that purpose to make provision for the establishment of Consumer
Councils and other authorities for the settlement of consumer disputes and for matters
connected therewith". The long title of the Code of Civil Procedure, 1908 is "An Act to
consolidate and amend law relating to the procedure of courts of civil judicature". As may be
seen from above examples, the long title gives a general description of the object of the Act
and as such, the policy and purpose of a given Act may be derived from its long title.
Therefore the long title may be legitimately pressed into service for effective guidance in
resolving the ambiguity in a statute. In the past, long title was not considered to be a part of
statute and therefore was not put in category of internal aids to construction but now it is a
part of Act and admissible as an aid to its construction. Long title alone or in combination
with preamble is a good guide regarding objects, scope or purpose of the Act. According to
DONOVAN, J., "the long title is a legitimate aid to construction. Where something is
doubtful or ambiguous, long title may be looked into to resolve that ambiguity or doubt but
in absence of doubt or ambiguity, the meaning of a statute cannot be narrowed down or
restricted by reference to long title"3.
While dealing with the Supreme Court Advocates (Practice in High Courts) Act, 1951, which
bears a full title thus ‘An Act to authorise Advocates of the Supreme Court to practise as of
right in any High Court, S. R. DAS, J., observed: “One cannot but be impressed at once with
the wording of the full title of the Act. Although there are observations in earlier English
cases that the title is not a part of the statute and is, therefore, to be excluded from
consideration in construing the statutes, it is now settled law that the title of a statute is an
important part of the Act and may be referred to for the purpose of ascertaining its general
scope and of throwing light on its construction, although it cannot override the clear meaning
of the enactment.

History of the long tittle:

3
“Mathur D.N.”, Interpretation of Statutes, Central Law Publications, 5th edition 2016 (Pg no-268)
Earlier the old British practice was that they used to place the Bill before the King and at the
answer of the King the Parliament used to make a record and put a title on it. It was the
customary practice and at the reign of Henry VI this practice came to an end. Although for
several centuries the title of a statute has been to it by Parliament, until quite recently it was
not considered a part of the statute and on this ground held to be excluded from consideration
in construing statute.
In the case of Claydan v/s Green4, Justice Wills deserved that the title of the Bill was mere,
“contemporarean exposition” and every matter recording the bill did not change the value of
the title and not to be given any importance. He also told it is not the part of the statute.
In the case of Salkeld v/s Johnson5, the court said that the title is not part of the statute and it
ought not to be taken into consideration.
These were the earlier situation. But now the long tittle is considered as legitimate aid of
interpretation and it is helpful in construing a provision.
Principle involved:
At the present scenario the long title is taken for the purpose of interpretation as and when the
statute is in a position of ambiguity and the meaning is not clear in the statute. Various case
decisions show that the court takes help from the title in the case of confusion. In case of
unambiguity no needs to take help from the title. Long title fully describes the general
purpose of the Act. It is the recital of the whole policy of the enactment.
In the case of Jones v/s Sherington6it is held that the modern view, which seems to have
emerged gradually during the nineteenth century, is different and it is now settled law that the
title of the statute is an important part of the Act and may be referred for the purpose of
asserting its general scope.
In the case of R v/s Bates and Russell7 as stated by DONOVAN, J.: “The long title is a
legitimate aid to construction –. When Parliament proclaims for the purpose of the Act is, it
would be wrong to leave that out of account when construing the Act – in particular, when
construing some doubtful or ambiguous expression. In many cases the long title may supply
the key to the meaning. The principle as, I understand it, is that where something is doubtful
or ambiguous the long title may be looked to resolve the doubt or ambiguity, but in the absent
of doubt or ambiguity, the passage under construction must be taken to mean what it says, so
that if its meaning be clear, that meaning is not to be narrowed or restricted by reference to
the long title.”

Judicial decisions:

4
(1868) L.R. 3 C.P. 511
5
(1868) 2EX 256
6
(1908) 2 K.B. 539
7
(1952) 2 All ER 842
Amarendra Kumar Mohapatra & Ors. v. State of Orissa & Ors.8

The Supreme Court has held that: “The title of a statute is no doubt an important part of an
enactment and can be referred to for determining the general scope of the legislation. But the
true nature of any such enactment has always to be determined not on the basis of the given
to it but on the basis of its substance.”

Kedarnath v. State of West Bengal9

Section 4 of West Bengal Criminal Law Amendment (Special Courts) Act, 1949 was in
question which gave power to the State Government to decide which particular case should
go for reference to special courts and be tried by special procedure. This Act Was challenged
before the Supreme Court on the ground that it violated Article 14 of Constitution of India.
The long title of the Act stated "An Act to provide for a more speedy trial and more effective
punishment of certain offences". In view of the long title, Supreme Court held that the Act
was meant to give discretion to the State Government as to which offence deserved to be tried
by special courts under special procedure and therefore ‘contention that Act was violative of
Article 14 was rejected.

Popatlal Shah v/s State of Madras10

The Madras Sell Tax Act, 1939 was considered, “An Act to provide for the levy of a general
tax on the sale of good in the Province of Madras.”
But here the authority imposed sell tax on good which is entered in the city of Bombay. It
was argued that the sell tax was levied or not? The court takes helps from the title and said
that the tax is levied on Madras province only and outside of Madras this tax is not used as
because the title uses the tax for the province of Madras only.

Fisher v/s Raven11

The House of Lords held that the obtaining of credit referred in section 13(I) of the Debtors
Act 1869 was the obtaining of credit in respect of payment or repayment of money only. The
receipt of money on a promise to render services or deliver goods in the future was not under
the scope of section 13(1) of the Debtors Act 1869. Lord Dilhore L.C. interpreted the word,
„obtained credit‟ in the light of long title and its purpose. The long title of the Act reads, “An
Act for the Abolition of Imprisonment for Debt, for the punishment of fraudulent debtors and
for other purposes.” The views of the Lords was that the “obtained credit” in section 13
means, and only means, credit for the payment of money.

Limitations of Long Title as Internal Aid to Construction:

8
(2014) 4 SCC 583
9
AIR 1953 SC 404
10
AIR1953 SC 274
11
(1964) 2 Q.B. 580
(a) Title has no role to play where the words employed in the language are plain and precise
and bear only one meaning.
(b) Title can be called in aid only when there is an ambiguity in the language giving rise to
alternative constructions.
(c) Title cannot be used to narrow down or restrict the plain meaning of the language of the
statute.
(d) Title cannot prevail over the clear meaning of an enactment.
(e) True nature of mandate of law has to be determined by its substance and not by title.

II. PREAMBLE:
Preamble is a statement given in the statutes in the beginning. It is a part of the Act and sets
out its scope, object and purpose. It provides a summary of the statute. It reflects the gist of
law. It is an expression of intention of Legislature in bringing out the enactment. It conveys
the main objectives which the legislation is intended to achieve. It is a sort of introduction to
the statute. For example, the preamble to Constitution of India declares "We the people of
India having solemnly resolved to constitute India into a sovereign, socialist, secular
democratic, republic, and to secure to all its citizens Justice-social, economic and political,
Liberty of thought, expression, belief, faith and worship, Equality of status and Opportunity
and to promote among them all Fraternity assuring dignity of the individual and the unity and
integrity of the nation". This preamble itself reveals What the Constitution is directed to,
what is the target to be achieved, and what is the goal strived for. Preamble is said to be a key
to open the mind of Legislature and as such, it is admissible aid to construction of an
ambiguous provision. However, Supreme Court has brought out the same principle in regard
to use of preamble as internal aid to construction. It says that when the language of an Act is
clear, the preamble must be disregarded but where object or meaning of the enactment is not
clear, the preamble may be resorted to explain it. In view of this, one cannot start with
preamble for construing the provisions of the Act but one can always refer to the preamble to
explain the ambiguous language of the Act.
According to LORD NORMAND, there may be no exact correspondence between preamble
and enactment and the enactment may go beyond or it may fall short of, it is the indications
that may be gathered from preamble.
Preamble is a good means to find out the meaning of words used in an enactment. It is the
key to understanding the enactment in accordance with the legislative intent.
In re Kerala Education Bill, 195712, it was observed that the policy and purpose of the Act
can be legitimately derived from its preamble.

Meaning:
Preamble of an enactment like the long title is a part of the statute. But it more broadly and
comprehensively, denotes the scope, object and purpose of the Act than the long title.
Preamble is in the nature of a pre-factory statement, setting out the reason, motive and object
which are sought to be achieved by the enactment. Preamble has the function to express
certain facts. Seeing the preamble of Indian Constitution it is easily accessible the motive and
object of the founding fathers that they wanted to make India into „Sovereign Socialist
Secular, Democratic Republic. They wanted to secure justice, liberty, equality, fraternity to
every citizen. The preamble of a statute like the long title is a part of the Act and is an
admissible aid to construction. Although not an enacting part, the preamble is expected to
12
AIR 1958 SC 956
express the scope, object and purpose of the Act more comprehensively than the long title. It
may recite the ground and cause of making the statute, the evils sought to be remedied or the
doubts which may be intended to be settled.
In the words of SIR JOHN NICHOLL: “It is to the preamble more specifically that we are to
look for the reason or spirit of every statute, rehearsing this, as it ordinarily does, the evils
sought to be remedied, or the doubts purported to be removed by the statute, and so
evidencing, in the best and most satisfactory manner, the object or intention of the Legislature
in making or passing the statute itself13.
The principle has also been enunciated by the Supreme Court, where MUDHOLKAR, J.,
speaking for the court observed: “It is one of the cardinal principles of construction that
where the language of an Act is clear, the preamble may be resorted to explain it. Again,
where very general language is used in an enactment which, it is clear must be intended to
have a limited application, the preamble may be used to indicate to what particular instances,
the enactment is intended to apply. We cannot, therefore, start with the preamble for
construing the provisions of an Act, though we could be justified in resorting to it, we will be
required to do so, if we find that the language used by Parliament is ambiguous or is too
general though in point of fact parliament intended that it should have a limited application14.

Importance:
The preamble of a statute is not an enactment but a mere recital of the intent of its framers
and the mischiefs to be remedied and it may be considered as a key to the construction of the
statute whenever the enacting part is open to doubt: but it cannot restrict or extend the
enacting part when the latter is free from doubt.

Utility of preamble:
The help from the preamble can be taken when the answer is in positive sense. It has the
function to explain the certain fact. It has been unequivocally observed that if the language of
an enactment is clear and unambiguous, the preamble as no part to play in interpretation. But
if more than one interpretation is possible of a particular provision, help can be taken from
the preamble of the Act to find out its true meaning.
In a case, Lord Hold held that preamble is not the part of the statute but Lord Coke said that
preamble is a key to open the mind of the framer15.
In a case, Justice Dier observed that preamble is the key to open the mind of the makers of
the act and the mischief, they intended to suppress16.
In Re Berubery case, it is said that the preamble is the part of the statute.

Judicial Decisions:
Global Energy Ltd. v. Central Electricity Regulatory Commission17
13 Brett v. Brett, (1826) 162 ER 456
14
Burakar Coal Co. Ltd. v. Union of India, AIR 1961 SC
15
Mills v. Williams
16 Stowell v/s Lord Zouch

17
(2009) 15 SCC 570
It was held that the object of legislation should be read in the context of the Preamble.

Thangal Kunju Musaliar v. Venkatachalam18

It was held by the Supreme Court that preamble can be used to know the aims and objects of
the legislation.

Sita Devi v. State of Bihar19

It was held that preamble can be used as an aid and in construing a provision, when the
provision is ambiguous.

Lucknow Development Authority v. M.K. Gupta20

The Supreme Court observed that although preamble can be a useful assistance to ascertain
legislative intent, but it cannot be used to control or qualify the precise and unambiguous
language of enactment.

Maharashtra Land Development Corporation v. State of Maharashtra

It was held that Preamble of the Act is a guiding light to its interpretation.

Att. Gen. v. H.R.V. Prince Ernest Augustus of Hanover21

Lord Normand said: “when there is a preamble it is generally in its recitals that the mischief
to be remedied and the scope of the Act are described. It is therefore, clearly permissible to
have recourse to it as an aid to construing the enacting provisions. The preamble is not,
however, of the same weight as an aid to construction of a section of the Act as are other
relevant enacting word to be found elsewhere in the Act or even in related Acts. There may
be no exact correspondence between preamble and enactment, and the enactment may go
beyond, or it may fall short of the indications that may be gathered from the preamble. Again
the preamble cannot be of much or any assistance in construing provisions which embody
qualifications or exceptions from the operation of the general purpose of the Act. It is only
when it conveys a clear and definite meaning in comparison with relatively obscure or
indefinite enacting words that the preamble may legitimately prevail. The courts are
concerned with the practical business of deciding his, and when the plaintiff puts forward one
construction of an enactment and the defendant another, it is the courts business in any case
of some difficulty, after informing itself of what I have called the legal and factual context
including the preamble, to consider in the light of this knowledge whether the enacting words
admit of both the rival construction put forward. If they admit of only one construction, that
construction will receive effect even if it is inconsistence with the preamble, but if the
enacting words are capable of either of the constructions offered by the parties, the
construction which fit the preamble may be preferred.”

The majority judgement in Keshavanand Bharti case and Minerva Mills case strongly relied
upon the preamble in reaching the conclusion that the power of amendment conferred by
Article 368 was limited and did not enable parliament to alter the basic structure of
framework of the constitution.

18
AIR 1956 SC 456
19
AIR 1984 SC 787
20
(2010) 11 Scale675
21
[1987] A.C. 436
Limitations of Preamble as Internal Aid to Construction:
(a) Preamble cannot be pressed into service as long as the words are clear and precise and are
susceptible to only one meaning.
(b) Preamble can be resorted to only when the language of a provision is reasonably capable
of alternative constructions.
(c) Preamble cannot either restrict or extend the meaning and scope of the words used in the
enacting part.
(d) Preamble can only indicate in a general way the content and colour of an enactment but
cannot override the enacting provisions in the Act.
(e) In case of conflict between preamble and a section, the preamble would succumb and
section shall prevail.
(f) If the provisions contained in a statute do not accord with the preamble, then those
provisions cannot be invalidated on this ground.
(g) Preamble cannot be used to control or qualify the clear and precise language of
enactment.
(h) Preamble cannot be regarded as source of any substantive power or of any prohibition or
limitation.

CONCLUSION AND SUGGESTIONS:

An attempt is here made to give a general view of internal aid specifically long tittle and
preamble which is of most practical utility in interpreting statues. The importance of use of
this aid is manifest. In any case, where difficulty arises as to finding out the true intention of
the legislature, the use of these materials could be made by the Courts. Of course, in India,
there is no consistent and uniform approach to the use of extrinsic materials in the sense of
determining as an aid for the purpose of interpretation of a given statute. Undoubtedly,
individually as well as collectively, they are very much useful in finding out the true intention
of the legislature. Of course, recourse to this aid could only be made in case of possibility of
more than one interpretation of a given statute. Statute generally means the law or the Act of
the legislature authority. The general rule of the interpretation is that statutes must prima
facie be given this ordinary meaning. If the words are clear, free from ambiguity there is no
need to refer to other means of interpretation. But if the words are vague and ambiguous then
internal aid may be sought for interpretation.
Specially, the long title determines the main purpose of the Act. It also provides the objective,
scope, principle and policy of the enactment. The observations of AYYANGER, J: “The long
title of the Act – on which learned counsel placed considerable reliance as a guide for the
determination of the scope of the Act and the policy underlying the legislation, no doubt,
indicates the main purposes of the enactment but cannot obviously, control the express
provisions of the Act.” The preamble of a statute is a pre-factory statement and it also
explains the purpose, reason and motive of the statute. It can be said that preamble is the key
which opens the mind of the legislature. The utility of the preamble diminishes on a
conclusion as to clarity of enacting provision. The purpose of preamble is to indicate in
general the object of the legislature. It cannot invoke to determine the well acquainted Act. If
the enacting words of the statutes are play enough, the preamble cannot limit the enactment.
In case of the unambiguous this principle cannot be utilized. General term of preamble does
not indicate all the mischief which is to be found in the enacting provision, than the enacting
provision rule over the preamble.
So, at last it could be said that preamble along with long tittle is legitimate aid of
interpretation. It can be very helpful for court in construing any provision.
BIBILIOGRAPHY
BOOKS
 Bhattarcharya T.”, The interpretation of Statutes, Central Law of
Agency,10th edition 2017
 Singh Avatar & Kaur Harpreet”, Introduction to Interpretation of
Statutes, Lexis Nexis, 4th Edition 2016,
 “Mathur D.N.”, Interpretation of Statutes, Central Law
Publications, 5th edition 2016
 “R.D. Srivastava”, R.D. Srivastava, Central Law Publications,
2nd edition 2013 (Pg no.-115)

SITES
 http://www.itatonline.org/interpretation/interpretation9.php
 http://www.scribd.com/doc/7118910/Interpretation-of-Statutes
 http://sixthformlaw.info/01_modules/mod2/2_2_3_stat_interp/05_internal_ai
ds_.htm