PAPER : XXXIII

INTERPRETATION OF STATUTES
Unit I INTRODUCTION:
1.1.Difference between Construction and interpretation. 1.2.Concept
and power interpretation. 1.2.1.Literal Construction. 1.2.2.0ther principles
of interpretation. 1.3.GENERAL PRINCIPLES OF INTERPRETATION: 1.3.1.
The Primary rule: Literal construction.1.3.2.The other main principles of
interpretation. 1.3.3. Reading words in their context the external aspect.
1.3.4.Reading words in context: the statutory aspect.

Unit II BENEFICIAL CONSTRUCTION AND RESTRICTIVE CONSTRUCTION:

2.1. Consequences to be considered. 2.2.Presumption against change in the
common law 2.3. Mens rea in statutory offences

Unit III THEORETICAL OR IDEOLOGICAL APPROACHES TO

INTERPRETATION:
3.1. Judicial Restraint. 3.2, Judicial activism 3.3. Juristic restrained
3.4.Juristic activism.

Unit IV PRESUMPTIONS REGARDING JURISDICTION:

4.1.Presumption against ousting established jurisdictions. 4.2.
Presumptions against creating new and enlarging established jurisdictions
4.3. How for statutes affect the crown.

FURTHER PRESUMPTIONS REGARDING JURISDICTION: 4.4.Territorial

extent of British legislation. 4.5.How for statutes conferring rights affect
Foreigners. 4.6.Presumption against violation of International law.

Unit V CONSTRUCTION TO AVOID COLLUSION WITH OTHER

PROVISIONS, CONSTRUCTION MOST AGGREABLE TO JUSTICE AND
REASON:
5.1. Presumption against intending what is inconvenient or unreasonable.
5.2. Presumption against intending injustices or absurdity. 5.3.
Presumption against impairing obligations, permitting advantage from ones
own wrong. 5.4.Retrospective operation of statutes.

Unit VI EXCEPTIONAL CONSTRUCTION:

6.1. Modification of the Language to meet the intention. 6.2. Equitable
construction.6.3.Strict Construction of penal Laws. 6.4. Statutes
encroaching on rights or imposing burdens.6.5.Construction to prevent
evasion. 6.6.Cons!ruction to prevent abuse of powers.
Unit VII SUBORDINATE PRINCIPLES:
7.1.Usage and contemparance exposit 7.2. Construction imposed by
statute. 7.3.Construction of words in bonam pattern.7.4.Change of
Language. 7.5.Understanding associate words in a commonsense, and the
expression unique. 7.6. General words following more specific.7.7. Meaning
of some particular expressions.

Unit VIII INTENTIONS ATTRIBUTED TO THE LEGISLATURE WHEN IT

EXPRESSES NONE:
8.1. Imperative and directory and enhancementS.8.2.Absolute and qualified
duties. 8.3.lmpossibility of compliance. 8.4. Waiver. 8.5. Public and private
remedies.

Unit IX STARE DECISIS:

9.1.The doctrine has inherited by us. 9.2. Techniques of innovation
(subversion) of stare decises.9.3. Supreme Court's authority to over rule its
own decisions (Eg.Antulay Case).9.4. Advisory jurisdiction and its import on
precedent. 9.5. Prospective overruling in India.9.6.0bjections to judicial
review as anti majoritarian.
Unit X STATUTORY INTERPRETATION AS ASPECTS OF JUDICIAL
PROCESS:
10.1. Rules of statutory interpretation: their judge made character.
10.2.Legalism and rule of literal interpretation.10.3. Creativity: Mischief and
Golden Rule. 10.4. Self Discipline: Rule of construction in Fiscal and
Criminal Statutes. 10.5. Technicality: Rules as to necessary and implied
repeal: Rules for interpretation of codifying, consolidating and amending
statute.! 0.6. Values and interpretation.

Unit XI CONSTRUCTIONAL INTERPRETATION:

11.1.Differentiation from statutory' interpretation Rex Vs.Burah as example.
11.2.Laetrile interpretations.11.3. Harmonies construction. 11.4.Reference
to Constituent assembly debates. 11.5. pith and substance 11.6. Occupied
field. 11.7. Residuary power 11.8. Repugnancy 11.9. Amending power
11.10. Directive Principles as source of constitutional interpretation.

PAPER – II INTERPRETATION OF STATUTES

 PART – A 6 * 2 = 12 MARKS
April/may, 2010 APRIL/MAY, 2011
1. Preamble 1. Mandatory and Directory
2. NOSCITUR A SOCIIS 2. EJUSDEM GENERIS
3. Temporary Statute 3.The rule of Last Antecedent
4. Statutes in PARI MATERIA 4. Repeal
5. Referential Legislation 5. Vicarious responsibility in statutory offences
6. Doctrine of Judicial Review 6. Interpretation of Taxing Statute
7. Difference between Interpretation and
Construction 7. Retrospective operation of statute
8. Mens Rea is statutory offences 8. Illustrations
9. Non-Obstante clause 9. The Doctrine of Pith and Substance
10. REDDENDO SINGULA SINGULIS 10. Residuary Powers

April, 2012 april/may, 2014

1. Non-obstante clause 1. Casus Omisus
2. Referential legislation 2. Non Obstante clause
3. Doctrine of Judicial Review 3. Interpretation of taxing statute
4. Temporary Statute 4. Manginal notes
5. Doctrine of Severability 5. Judicial Restraint
6. Noscitur A Sociis 6. Proviso
7. Casus Omissus 7. Explanation
8. Judicial Activism Vs. Judicial Restraint 8. Referential Legislation
9. Definition Section or Interpretation Clause 9. Doctrine of Occupied Filed
10. Doctrine of Occupied Field 10. Mens Rea is Statutory offences

April/may, 2015 april, 2016

1. Cowtemporanea Exposito 1. Casus Omissus
2. Teusovargy Statute 2. Judicial Activism
3. Vicarious Liability 3. Non-obstaute clause
4. Headings 4. Reddendo singula singulis
5. Exceptions 5. Repeal
6. Legal fiction 6. Marginal notes
7. Dictionaries 7. Explanation
8. Doctrine of Eclipse 8. Referential legislation
9. Mandatory and Directory 9. Doctrine of Waiver
10. Mens Rea in statutory offences 10. Use of foreign decisions

march/april, 2017 MARCH/APRIL, 2018

1. Tautology
2. Golden rule of Interpretation
3. Conjunctive of Disjunctive
4.The rule of Lost Antecedent
5. Preamble
6. Illustrations
7. Schedules
8. The doctrine of state decisis
9. Statutes in PARI MATERIA
10. Doctrine of propsective iver ruling
1. Golden Rule of Interpretation
2. Conjunctive of Disjunctive
3. Temporary Statute
4. Vicatious responsibility in Statutory Offences
5. Illustrations
6. Dictionaries
7. Statutes in Pari Matenia
8. Supreme Court not bound by its own decisions
9. Constituent Assembly Debates
10. Residuary Power

April, 2019
1. Tautology
2. The rule of Last Antecedent
3. Contemporanea Exposito
4. Preamble
5. Schedule
6. Doctrine of State Decisis
7. Repugnancy
8. Doctrine of Eclipse
9. Judicial Activism
10. Doctrine of Prospective Over Ruling

PART – B 2 * 14 = 28 MARKS
April/may, 2010
11. With the help of decided cases examine the question as to whether a state is bound by a statute or not
in India.
12. Examine with the decided cases the role of directive principles of state policy in the interpretation of
the Indican Constitution.
13. Write a brief note on “Presumption against exceeding territorial powers” refer to decided cases.
14. Analyse the principles of interpretation of remedial and penal statutes.

April/may, 2011
11. Explain the rule of “literal construction of statutes” with the help of decided cases
12. Briefly explain the external aids to the construction of statutes.
13. Examine in detail the rule of Harmonious construction. Refer to decided cases
14. Write a brief note on “Mischief Rule of Interpretation”. Refer to decided cases

April, 2012
11. “The Statute must be read as a whole in its context”. Examine the statement with decided cases.
12. With the help of decided cases examine the role of Directive Principles in the interpretation of the
Constitution.
13. Write a note on presumption against extra-territorial operation of law.
14. “The primary function of the Court is to promote the “Intention of the Legislature”. Examine the
statement with decided cases.

April/may, 2014
11. With the help of decided cases examine the difference between “Noscitur a Sociis” and “Jusdem
Generis”.
12. Write a note on retrospective effect of statutes is relation to principle of interpretation of statutes.
13. Examine the role of directive principle of state policy in the interpretation of the Indian Constitution.
14. Examine the law laid down by the supermen count under its advsory Jurisdiction.

April/may, 2015
11. Critically analyse “The Beneficial rule of Construction” as a principle of interpretation of statutes.
12. Write a note on “Mischief Rule” of “Purposive Construction”
13. With the help of decided cases explain the maxim, “UTRES MAGIS VALEAT QUAM PEREAT”.
14. Write a note on presumption ageist violation of international law.

April, 2016
11. “The duty of the court is to promote the intention of the legislature” – Explain
12. Analyse the principles of interpretation of remedial and penal statutes
13. Examine the rules or interpretaion of “Definition Section” or “Interpretation Clause”.
14. With the help of decided cases explain the doctrine of immunity or instrumentalities

March/april, 2017
11. Explain the principle”The statute must be read as a whole in its context (EXVICERIBUS ACTUS)”.
12. Analyse the differences between “NOSCITUR A SOCIIS” and “EJUSDEM GENERIS”.
13. Examine the rules of interpretation of laws having retrospective operation.
14. Analyse the contribution of the supreme court under its advisory jurisdiction under Article 143 of the
Constitution.

MARCH/APRIL, 2018
11. Examine the difference between “NOSCITUR A SOCIIS” and “EJUSDEM GENERIS”. Refer to decided
cases.
12. Critically analyse the role of Mens Rea in Statutory Offences.
13. Write an analytical note on Presumptions a gost exceeding Constitutional Powers.
14. Refering to decided cases explain the scope of the Beneficial Rule of Constructions.

April, 2019
11. With the help of decided cases explain the scope of Mischief Rule or Purposive Construction.
12. “The language of the principle should be read as it is”. Examine the statement
13. Critically analyse the principle of territorial nexus in the context of presumptions against exceeding
territorial powers.
14. Analyse the Rules of Interpretation of Statutes having retrospective operation.

PART – C 2 * 15 = 30 MARKS
March/april, 2010
15. In a legislative assembly certain portions of the speech of the members of the legislative assembly was
expunged by the speaker acting under the authority of Act 194 of the Indian Constitution but, ‘X’ a news
paper published the expunged portion of the speech despite speaker’s order to the contrary and argued
that the newspaper has a vigut under Article 19(1)(a) to do so,. Resolve the controversy in the light of the
principles of interpretation of statutes.
16. The Chief Justice of a High Court ‘X’ refused an election dispute to a judge of a high court appointed
under Article 224-A of the Indian Constitution. A party to the dispute made an application to the Chief
Justice of the High Court requesting him that the election dispute should be referred to a permanent judge
of the High Court and not to a judge appointed under Article 224-A of the Constitution. Decide the case by
applying the relevant principle of interpretation of statutes.
17. Under a Temple Entry authorization law enacted under Article 25(2)(b) of the Constitution State “A”
passed an order to keep open all Hindu Religion Temples of public character to all the sections of Hindus
for worship much enabled the untouchables to enter into the temple for worship. A Hindu priest contested
this order of State “A” arguing that his temple is a denominational temple and they have a right to manage
their own affairs in matters of religion, including whom to allos and whom not to allow into the temple for
worship by virtue of Article 20(b) of the Constitution and State “A” has no business in this regard. Resolve
the dispute by applying the relevant principle of interpretation of statutes.
18. A state law was prohibited the use of sound amplifiers in the interrupt of public health and sanitation.
This law was contested before the court by the petitioner and the ground that the state legislative has no
legislative capacity to enact such a law as the subject matter of this law falls in “Posts and Telegraphs, Tele
phones, Wireless broadcasting and other like farms of Communication” and when the union parliament has
law making powers by virtue of Entry 31 of List I. resolve the dispute with the help of relevant principles of
interpretation of statutes and decided cases.

March/april, 2011
15. A land reform law in the state ‘X’ provides that the tenant of a Land Lord can acquire the rights, title
and interest of the land lord in the land of tenancy held by him on payment of compensation as per the
statute. A tenant who is a possession of land belonging to ‘X’ state wanted to acquire the rights, title and
interest in the land which he is holding under tenancy by paying compensation as per the statute. State ‘X’
argued that this land return law applies to the private individuals and not to the state. Decide.
16. Municipal employees raised a dispute and requested the appropriate govt. to refer the dispute to
settlement authorities under the Industrial Disputes act, 1947. The appropriate govt. refused to refer the
dispute by saying that industrial disputes act, 1947 will not apply to municipalities and hence, disputes of
municipal employees cannot be called as industrial disputes within the meaning of the Industrail Disputes
Act, 1947. Decide.
17. The Maternity Benefit Act, 1961 permits 12 weeks maternity leave on full pay for a women employee.
ABC Company granted 72 days maternity leave, excluding Sundays to M/s. Radha, a women employee.
Radha argued that she is entitled to get 84 days maternityleave including Sundays.
18. A provision in the Municipal Corporation Act exempts “Lands and Buildings” vested in the corporation
from the imposition of Property Tax. Another provision of the save statute provides that property tax shall
be leviable primarily from the occupies if he holds the premises directly from the corporation. The
corporation imposed property tax on Mr. Vijay who is in possession of a house belonging to the corporation
under hire purchase agreement, although he is not the owner of the property in the legal sense. Wherever
Mr. Vijay has to pay the property tax or not? Decide.

April, 2012
15. The management of certain secondary schools was taken over by the State. ‘X’, the appellant who was
the head master in one of the schools holding qualifications of B.A.; B.T.; was denied the post of principal
on the ground that he did not hold a post graduate degree as required by the government rules for
promotion as principal, as B.T. (Bachelor of Training) is not a PG Degree. ‘X’ argued that B.T. qualification
was to be acquired after graduation and hence it is a post graduate degree. – Decide with the help of the
appropriate principle of interpretation.
16. Under the Street Offences Act soliciting of business by the prostitutes on the public streets is
prohibited. Some of the prostitutes who were soliciting the business by standing in the balconies and
verandahs of a building were sought to be prosecuted for violation of the Act. The prostitutes argued that
their activity will not come under the Act as they were not soliciting the business on the streets – Decide
citing appropriate case law.
17. Punjab Trade Employees Act provided that shops and establishments covered under this Act shall
remain closed one day in a week. ‘X’ was sought to be prosecuted for violating this Act. ‘X’ argued that he
was the owner of the shop and hence he did not require weekly off for him as it is his own business –
Decide.
18. The A.P. Scheduled Area Land Transfer Regulations prohibited ‘any person’ to transfer land in the
Scheduled Area to non-tribals. The State Government wants to transfer the government land in the
Scheduled Area to non-tribals arguing that the words ‘any person’ mentioned in the Regulations include
human beings/natural persons only and not the State Government as the State is not bound by a Statute –
Decide.

April/may, 2014
15. A factory owner was greeted 72 days maternity leave to a woman employee, calculating 6 days per
week including Sundays. She contended that she is entitled from 84 days leave at the rate of 7 days per
week and not 6 days per week of per the provision of the maternity benefit act, 1961. Decide.
16. ‘X’ a bokk stall owner was bought to be prosecuted for he was in possession of a book banned by the
Government. He challenged the prosection on the ground that he has no intention of selling banned book
and hence he was not committed by office – Decide.
17. ‘X’ an advocate of the Supreme Court is prevented from appearing before a high court on the ground
that supreme court advocates can not practice before the high courts. ‘X” argued that the “Right to
Practice” within the meaning of the supreme court advocates (practice in high courts) Act, 1951 includes
both “acting and Pleading” on behalf of a litigious party – Decide.
18. Employees working in a printing press of a central university demanded for provident fund benefit. The
central university rejected the demand angling that central university is not a “Factory”, and hence it is not
an “Establishment” within the meaning of the Provident Fund(Miscellaneous Provisions)Act, 1952 – Decide.

April/may, 2015
15. Under the U.P. Sales Tax Act the state govt. imposed sales tax on the sales turn over of carbon paper
manufacturedby a company, treating that paper appearing in the U.P. Notification includes “Carbon Paper”.
The company argued that the word “paper does not include Carbon Paper” – Decide.
16. Under the Bihar Sales Tax Act “Green Vegetables”are excepted from sales tax. A Sugercane grower
claimed exception under the category arguing that sugercane leaf is also green in color – Decide.
17. Under the UP Bhoodan Agna Act, 1953 State Govt. had power to allot surplus land to “Land less
persons”. Some of the gold merchants to the city requested the State Govt. to allot surplus land to them
also as they have no land – Decide.
18. Punjab Trade Employees Act received every owner of a shop to close the shop on a weekly holiday. An
owner of a shop contested this arguing that he need not observe weekly holiday as he is the owner cum
employee in his shop – Decide.

April, 2016
15. Legislature ‘X’ expugned a portion of its proceedings from publication. ‘Z’ a news paper published this
expugned portion. When editor of ‘@’ newspaper was sought to be prosecuted for breach or privilege of
the legislature for violation of Article 194 of the constitution, editor of ‘@’ newspaper challenged this
prosecution as violative or Article 19(1)(a) of the constitution – Decide
16. Section 202 of the Hyderabad Municipal Corporation Act, 1955 exempts “Lands and buildings” vested in
the corporationfrom property tax. Section 204 provides that property tax shall be leviable primarily from
the occupies if he holds the premises directly from the corporation. ‘X’ an allottee of a house under hire
purchase agreement by the corporation, refused to pay the property tax arguing that the title of the house
in with the corporation and not with him – Decide.
17. An electro petition of ‘X’ was referred to a judge appointed under Article 224-A. ‘X’ argued that his
petition must be referred to the permanent judge of the high court appointed under Article217 and not to a
judge appointed under Article 224-A, under which retired high court judges are appointed and allowed to
sit on the bench for decided cases – Decide
18. Under the Bombay Land Acquisition Act, 1948 the state of Bombay /acquired private lands for
constructing a ‘foreign consulate’ as the state government has power under this law to acquire private
lands ‘for the purpose of the state’ or for ‘any other purpose’. The land owner challenged this acquisition as
illegal or giving that the construction of ‘foreign consulate’ is not the function of the state government and
it the duty of the central government – Decide.

March/april, 2017
15. Article 25(2)(b) of the constitution empowers the state to enact a law to throw open all the Hindu
Religious temples of public character to all the section of Hindus for worship. A law enacted under this
power was challenged before the court on the ground that it is violative of Article 26(b) which vests in a
religious denomination ‘the right to manage it own affairs in matter of religions’ – Decide
16. A government rule stated that for promotion as Head Master in a school a candidate must have P.G.
qualification. ‘X’ having in possession of B.A., B.T.(Bachelor of Training) applied for Head Master post. ‘X’
was denied the post on the ground that B.T. is not a P.G. Degree. ‘X’ argued that he studied B.T. after B.A.
and hence it is a post graduate degree – Decide.
17. Employees employed in a Time office of a factory argued that they must be given benefits on pan with
the regular employees of the factory working in the manufacturing departments, as they are also ‘worker’
with in the working of the factories act, 1948. The management refused their demand saying that they are
not ‘workman’ with in the working of the factories act 1948 – Decide.
18. ‘X’ was sought to be prosecuted for selling adultrated milk. ‘X’ argued that he did not have the intention
to do so as he is selling the milk in the shop owned by his employer and the milk supplied by his employer
and hence he is not liable for adulteration of milk – Decide.

MARCH/APRIL, 2018
15. ‘X’ state law provides that the tenant of a Land Loud law acquire the rights, title and interest of the
land owner in the land of tenary used by him on payment of compensation as per statute. The ‘X’ state
argued that this law will not apply to the State of Land owner. Decide.
16. State ‘A’ enacted a law restricting the use of sound amplifiers. This law was challenged in the Court of
the ground that “posts, tele graphs, tele phones, wireless Broadcasting and other like forms of
Communication”is mentioned in the Union List, State ‘A’ argued that this law falls in “Public Health and
Sanitation when is included in the State List. Decide.
17. ‘A’ put his ward in the pocket of ‘Z’ by stealing. ‘A’ could not do because ‘Z’’s pocket is empty. ‘A’ was
sought to be prosecuted for attempt to commit and offence. ‘A’ argued that he was not committed any
offence. Decide
18. Bihar Sales Tax Act excepted “Green Vegetables” from Sales Tax. ‘A’ a Betel Leaf grower claimed
exemption for Betel Leaves as they are also Green in colour. Decide.

April, 2019
15. Rajasthan Nathdwara Temple Act, 1959 empowers the State to regulate the ‘affairs of the temple’.
Under this plan the Government has vested the management of the temple in a committee appointed by
the state. This decision was challenged before the court as of violative of Article 26 of the Constitution.
Decide.
16. The Union Parliament enacted the Wealth Tax Act, 1957. This law was challenged on the ground that
the Parliament has no legislative competency to enact such law on “Wealth Tax” is not included in any of
the taxing entries mentioned in the Union List. Decide.
17. ‘X’ a book shop owner was sought to be prosecuted on the allegation of possessing an obsence book
prohibited by the Government. ‘X’ argued that neither he is aware of the contents of the book nor he has
the intention to sell the obsence book and hence he has not committed any offence as defined in Section
292 of IPC. Decide.
18. The Punjab General Sales Tax empowers the Government to impose Sales Tax on “Cosmetics,
Perfumery, Toilet goods, including Tooth Paste, Tooth Powder, Kum-Kum and Soap”. Under this, power the
Government imposed tax on “DHOOP” and “AGARBATHIS”. This imposition of tax was challenged as
illegal. Decide.