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INTRODUCTION

The essence of law lies in the spirit, not its letter, for the letter is significant only as
being the external manifestation of the intention that underlies it.

Salmond

A statute is a will of legislature conveyed in the form of text. Interpretation or

construction of a statute is an age-old process and as old as language. Elaborate rules of
interpretation were evolved even at a very early stage of Hindu civilization and culture.
The rules given by ‘Jaimini’, the author of Mimamsat Sutras, originally meant for srutis
were employed for the interpretation of Smrities also. 1 It is well settled principle of law
that as the statute is an edict of the Legislature, the conventional way of interpreting or
construing a statute is to seek the intention of legislature. The intention of legislature
assimilates two aspects; one aspect carries the concept of ‘meaning’, i.e., what the word
means and another aspect conveys the concept of ‘purpose’ and ‘object’ or the ‘reason’
or ‘spirit’ pervading through the statute. The process of construction, therefore,
combines both the literal and purposive approaches. However, necessity of
interpretation would arise only where the language of a statutory provision is
ambiguous, not clear or where two views are possible or where the provision gives a
different meaning defeating the object of the statute. 2

EXTERNAL AIDS

External aids to interpretation of statutes include Parliamentary History, Historical Facts

and Surrounding Circumstances, Later Scientific Inventions, Reference to Other
Statutes (pari materia) & Use of Foreign Decisions.

PARLIAMENTARY HISTORY

1
Law Commission of India, 60th Report, Chapter 2, para 2.2
2
Law Commission on India, 183rd Report, ‘A continuum on the General Clauses Act, 1897 with special reference
to the admissibility and codification of external aids to interpretation of statutes’ P.8
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The ingredients of Parliamentary History are the bill in its original form or the
amendments considered during its progress in the Legislature, Speech of the minister
who introduced the bill in the Parliament which is also referred to as Statements of
Objects and Reasons, Reports of Parliamentary debates and resolutions passed by either
House of the Parliament and the Reports submitted different Parliamentary Committees.

According to the traditional English view the Parliamentary History of a statute was not
considered as an aid to construction. The Supreme Court of India in the beginning
enunciated the rule of exclusion of Parliamentary History in the way it was traditionally
enunciated by the English Courts but on many an occasion, the court used this aid in
resolving questions of construction.3

SCIENTIFIC INVENTIONS

The laws made in the past are applied in the present contemporary society in the light of
changed social, political, legal and economic circumstances taking into consideration the
advancement in science and technology. Statutes must be interpreted in accordance
with the spirit of the Constitution of India even though the statutes were passed before
independence of India or before the commencement of our Constitution.

REFERENCE TO OTHER STATUTES

Statutes must be read as a whole in order to understand the words in their context.
Problem arises when a statute is not complete in itself i.e. the words used in the statute
are not explained clearly. Extension of this rule of context permits reference to other
statutes in pari materia i.e. statutes dealing with the same subject matter or forming
part of the same system. The meaning of the phrase pari materia was explained in an
American Case, United Society v. Eagle Bank (1829) in the following words: “Statutes
are in pari materia which relate to the same person or thing, or to the same class of
persons or things. The word par must not be confounded with the word similes. It is
used in opposition to it- intimating not likeness merely but identity. It is a phrase

3
Refer Generally, Singh G.P., Principles of Statutory Interpretation, 221 (Wadhwa and Company, Nagpur, Tenth
Edition, 2006)
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applicable to public statutes or general laws made at different times and in reference to
the same subject”.4

USE OF FOREIGN DECISIONS

Reference to decisions of the English Courts was a common practice in the

administration of justice in pre independent India. The reason behind this was that the
Modern Indian Legal System owes its origin to the English Common Law System. But
after the commencement of the Constitution of India as a result of the incorporation of
the Fundamental Rights, the Supreme Court of India gave more access to American
precedents.

It cannot, however, be doubted that knowledge of English law and precedents when the
language of an Indian Act was not clear or express, has often been of valuable
assistance. Speaking about Indian Codes Shri M.C.Setalvad has stated: “Where the
language of the code was clear and applicable, no question of relying on English
Authority would arise. But very often the general rule in the Indian Code was based on
an English Principle and in such cases the Indian Courts frequently sought the assistance
of English Decisions to support the conclusions they reached. They could not otherwise
for not only the general rules contained in the codes but some of the illustrations given
to clarify the general rules were based on English decisions.” 5

Most acts contain exceptions to their main purpose on the meaning, on which such
preamble would presumably, throw no light. On the other hand some general and most
local acts have their limits set out in some details there may be cases in which a section
read with a preamble may have different meaning from that which it would have if there
were no preamble.6

4
See., Sigh G.P., Principles of Statutory Interpretation, 275(Wadhwa and Company, Nagpur, Tenth Edition,
2006)
5
See., Setalvad M.C., The Common Law in India , 61 as cited in Singh G.P., Principles of Statutory
Interpretations, 327(Wadhwa and Company, Nagpur, Tenth Edition, 2006).
6
(1957) 1 ALL ER 49 : 1957 AC 436 (HL)
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CONCLUSION

The Internal and external Aids to construction evolved over time as a very important and
bankable source while interpreting any statute. The view earlier was to give it a very
narrow scope however over time the jurisprudence of interpretation has developed so
has the value of internal Aids, Even today Internal Aids to construction are given
preference over external aids to construction.

Of course it is true that when the meaning of a section is clear internal aids have no
relevance and also there is no way that the meaning of a section could be changed due
to the internal aids i.e., even if the headings (Internal Aid) of a section is contrary to the
subject matter or content of a section and if the section is sufficiently clear, the heading
cannot be used to nullify the meaning of the section, still headings (internal aids) play a
very important role. It is given a high preference over External aids. Also the 63rd Law
commission and the 183rd Law Commission of India reports signify the importance
attached to internal aids of construction. By virtue of the case laws, Law Commission
reports (referred above) and the opinion of various authors it is now clear that internal
aids to construction could be construed very important sources to know the intention of
the legislature. The intention of the legislature could be ascertained through Headings,
preamble, proviso, marginal notes, etc…Therefore our initial question as to whether
internal aids to construction can be construed to represent/signify the intention of the
legislature is answered in the positive.
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BIBLIOGRAPHY

BOOKS REFERRED

G.P.SINGH, “THE PRINCIPLE OF STATUTORY INTERPRETATION” 11TH ED. (2008)

HALSUBURY’S LAWS DEEDS AND OTHER INSTRUMENTS VOL 13 (2007 REISSUE)

MAXWELL, INTERPRETATION OF STATUTES, (ED.10,)

P.M. BAKSHI, INTERPRETATION OF STATUTES (2010 REPRINT)

PUFENDORF, TR KENNETT, OF THE LAW OF NATURE AND NATIONS (4TH ED. 1729)

VEPA.P.SARATHI, “INTERPRETATION OF STATUE” 5TH EDITION, 2009

ARTICLES REFERRED

Rajkumar S. Adukia, Interpretation of Statutes

OTHER AUTHORITIES Law Commission of India, 183rd Report, ‘A continuum on the

General Clauses Act, 1897 with special reference to the admissibility and codification of
external aids to interpretation of statutes’,

Law Commission of India, 60th Report, Chapter 2, Para 2.2

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