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Register No.

H 2016 HXE/HA6E/CHA8B/
HBDC/HB6E/CHB8B/
HC6E/CHC8B/
HD6E/CHD8B

B.A., B.L. (Hons.)/B.A.LL.B. (Hons.)/B.Com. B.L.(Hons.)/B.Com.LL.B.


(Hons.)/B.B.A. LL.B. (Hons.)/B.C.A. LL.B (Hons.) DEGREE
(SEMESTER) EXAMINATIONS, JANUARY 2021.

(For the candidates admitted from 2011 to 2016)

Third Year – Fifth Semester/Sixth Semester/Fourth Year-Seventh


Semester/Eighth Semester

INTERPRETATION OF STATUTES

Time : 2 12 hours Maximum : 70 marks

PART A — (2 × 12 = 24 marks)

Answer TWO of the following in about 500 words each.

1. ―The Schools of Textualism and Purposivism, constitute the essence of


the tools of statutory interpretation‖ – Discuss.

2. ―The Principle of Harmonious Construction serves as a safeguard


mechanism in the convergence of fundamental rights and Directive
Principles of State Policy‖ – Elaborate.

3. Distinguish between intent and motive. Explain the notion of strict


interpretation of Penal Statutes in the light of decided case laws.

PART B — (2  7 = 14 marks)

Answer TWO of the following in about 300 words each.

4. ―Social Security legislations, as a matter of principle, ought to be


constructed in a beneficial manner:‖ – Explain with leading cases.

[P.T.O.]
5. Explain in detail the role of the General Clauses Act, in understanding
the life, commencement, application and expiry of Statutes.

6. Discuss the various rules related to the interpretation of Taxing


Statutes. Illustrate with decided cases.

PART C — (5  4 = 20 marks)

7. Write short notes on FIVE of the following :

(a) Illustration and Saving Clauses as Intrinsic Aid.

(b) Rule of Ejusdem generis

(c) Skills of Interpretation.

(d) Qualities of Legislative Drafter.

(e) Doctrine of Pith and Substance.

(f) Dictionaries and Text books as Extrinsic Aid.

(g) Definition of Statute Law.

PART D — (2  6 = 12 marks)

Answer TWO of the following by referring to relevant provisions of law and


decided cases. Give cogent reasons.

8. In a criminal Proceeding involving ‗offences against Religion‘, an issue


arises as to the definition of the term ‗Religion‘ vis-a-vis acts offending
religious sentiments. It is also argued that the ‗Conscience Clause‘
under the right to freedom of Religion as enshrined in the Constitution
has to be relied by the court. Examine.

2 H 2016
9. ‗M‘ and ‗N‘ are workers employed in X‘s factory. During the working
hours, ‗M‘ and ‗N‘ get involved in a scuffle, in consequence, ‗M‘ takes a
rod and hits ‗N‘. Resultantly, ‗N‘ sustains injuries. ‗N‘ seeks
compensation against the employer ‗X‘. ‗X‘ denies it on the ground that
intentional injuries cannot be equated with accident. Whether ‗N‘ will
succeed – Decide.

10. The term ‗Human rights‘ is defined under Sec. 2(1)(d) of the Protection
of Human Rights Act. The definitional elements incorporate both
constitutional and international legal approaches. A question of
interpretation arises as to the nature and effect of ‗Bijural Legislation‘
in the context of Protection of Human Rights. – Clarify.

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3 H 2016

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