Subject: Interpretation of Statutes

Class: LL.B. 6th Sem.

Topic: Aids to Interpretation of Statues
By:
Jaiveer Singh
Dept. of Law
Meerut College, Meerut

AIDS TO INTERPRETATION OF STATUES

While interpreting any statute judges refer various aids. These aids to statutory interpretation are
divided into internal aids and external aids. These are sometimes referred to as intrinsic aids and
extrinsic aids to interpretation.

Internal Aids in Interpretation of Statutes-

Internal aids are those contained in the statute itself and consist of the:

1. Long Title
2. Preamble
3. Heading
4. Marginal Notes
5. Definitions
6. Illustrations
7. Proviso
8. Explanations
9. Schedules
10.Punctuation
11.Non Obstante Clause

1. Title

Title are of two types 1. Short Title 2. Long Title, the short title being only an abbreviation for
purposes of reference is not a useful aid to interpretation.

Long Title

It is now well settled that Long Title of an Act is a part of the Act and is admissible as an aid to
its Interpretation. The long title which often precedes the preamble must be distinguished with
the short title; the long title taken along with the preamble or even in its absence is a good guide
regarding the object, scope or purpose of the Act.
Cases

In the case of Amarendra Kumar Mohapatra & Ors. v. State of Orissa & Ors., 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.”

2. Preamble

The main objective and purpose of the Act are found in the Preamble of the Statute. It is a
preparatory statement and contains the recitals showing the reason for enactment of the Act.
For e.g. the Preamble of the Indian Penal Code, 1860, is “Whereas it is expedient to provide a
general Penal Code for India; it is enacted as follows”.

The preamble is an intrinsic aid in the interpretation of an ambiguous act.

Cases

In Kashi Prasad v. State, the court held that even though the preamble cannot be used to defeat
the enacting clauses of a statute, it can be treated as a key for the interpretation of the statute.

3. Headings and Title of a Chapter

Headings

The headings are like a preamble which helps as a key to the mind of the legislature but do not
control the substantive section of the enactment.
Headings are of two kinds – one prefixed to a section and other prefixed to a group or set of
sections i.e. Title of Chapter or sub Chapter Heading is to be regarded as giving the key to the
interpretation and the heading may be treated as preambles to the provisions following them.

Title of a Chapter

While interpreting, assistance may also be obtained by looking at the headings of parts, divisions
and sub-divisions of an Act as they are deemed to be part of the Act i.e. Chapter or Sub Chapter.
However, the heading to a Section of an Act does not form a part of the Act and cannot be used
to assist in its interpretation. The Heading to a Section gives indication to its general purpose,
even though it is not a part of the Act.

Cases

1. In Krishnaiah v. State of A.P. and Ors it was held that headings prefixed to sections
cannot control the plain words of the provisions. Only in the case of ambiguity or doubt,
heading or sub-heading may be referred to as an aid in construing provision.
 2. In Durga Thathera v. Narain Thathera and Anr the court held that the headings are like a
preamble which helps as a key to the mind of the legislature but do not control the
substantive section of the enactment.

1. Marginal Notes

Marginal notes are inserted at the side of section and express the effect of section. Unlike in our
constitution of India marginal note in other enactment are added by drafters. Occasionally they
are inaccurate. Hence they are not part of the statutes .court do not depend upon them now unlike
in past. But in the case of the Constitution of India marginal note are added by the constituent
Assembly. Hence they are referred in interpretation

Cases

I. C. Golaknath v. State of Punjab, in this case Supreme Court has used the marginal note of
article 368 in the construction of power of parliament to amend under article 368 at that time
marginal note of 368 (procedure to amend constitution)

However, in Wilkes v. Goodwin Banks, LJ, held that the side notes are not part of the Act and
hence marginal notes cannot be referred.

2. Definitional Sections/Clauses

The object of a definition is to avoid the necessity of frequent repetitions in describing the
subject matter to which the word or expression defined is intended to apply.

A definition contained in the definition clause of a particular statute, not from any other statute,
should be used for the purpose of that Act.

3. Illustrations

Illustrations are examples provided by the legislature for better understanding of the statute.

Cases

In Mahesh Chandra Sharma v. Raj Kumari Sharma it was held that illustrations are parts of the
Section and help to elucidate the principles of the section.

4. Proviso

A proviso is to provide examples of a specific case which would otherwise fall within the general
language of the main enactment. It excludes, excepts and restricts the application of a section and
its effect is confined to that case.

Cases
In CIT vs. Ajax Products Ltd., it was held that whether a proviso is construed as restricting the
main provision or as a substantive clause, it cannot be divorced from the provision to which it
stands as a proviso. It must be construed harmoniously with the main enactment.

5. Explanations

An Explanation is added to a section to elaborate upon and explain the meaning of the words
appearing in the section. The purpose is not to limit the scope of the main section but to explain,
clarify, subtract or include something by elaboration.

6. Schedules

Schedules at the end contain minute details for working out the provisions of the express
enactment.

The expression in the schedule however cannot override the provisions of the express enactment.

7. Punctuation

Punctuation is a minor element and weight be given to it only when a statute is carefully
punctuated and there is no doubt about its meaning.

8. Non Obstante Clause

A section sometimes begins with the phrase ‘notwithstanding anything contained etc.’ Such a
clause is called a non obstante clause and its general purpose is to give the provision contained in
the non obstante clause an overriding effect in the event of a conflict between it and the rest of
the section. Thus, there is generally a close relation between the non obstante clause and the
main section and in case of ambiguity the non obstante clause may throw light on the scope and
ambit of the rest of the section. If, however, the enacting part is clear and unambiguous, its scope
cannot be whittled down by the use of the non obstante clause. This phrase i.e. ‘notwithstanding
anything in’ is in contradiction to the phrase ‘subject to’.

Cases

In Aswini Kumar v. Arabinda Bose, the petitioner was an Advocate of the Calcutta High Court
and also of the Supreme Court of India. The Supreme Court Advocates (Practice in High Courts)
Act, 1951 is an Act to atuthorise Advocates of Supreme Court to practice as of right in any High
Court. When he filed in the Registry on the original side of the Calcutta High Court a warrant of
authority executed in his favour to appear for a client, it was returned, because under the High
Court Rules and Orders, Original side, an Advocate could only plead and not act. The Advocate
contended that as an Advocate of the Supreme Court he had a right to practice which right
included the right to act as well as to appear and plead without being instructed by an attorney.
The contention was accepted by the majority.
The Supreme Court observed that: “the non obstante clause can reasonably be read as overriding
‘anything contained’ in any relevant existing law which is inconsistent with the new enactment,
although the draftsman had primarily in his mind a particular type of law as conflicting with the
new Act. The enacting part of a statue must, where it is clear, be taken to control the non obstante
clause where both cannot be read harmoniously; for, even apart from such a clause, a later law
abrogates earlier laws clearly inconsistent with it. While it may be true that the non obstante
clause need not necessarily be co-extensive with the operative part, there can be no doubt that
ordinarily there should be a close approximation between the two.”
 External Aids

External aids are those which are not the part of the statute but may be referred to find out the
intention of the makers of the statute.

When internal aids are not adequate, courts have to take recourse to external aids. They are very
useful tools for the interpretation or construction of statutory provisions. In B. Prabhakar Rao
and others v. State of A.P. and others, O. Chennappa Reddy J. has observed: “Where internal aids
are not forthcoming, we can always have recourse to external aids to discover the object of the
legislation. External aids are not ruled out. This is now a well settled principle of modern
statutory construction.”

Further, in the case of District Mining Officer and others v. Tata Iron & Steel Co. and another,
the Supreme Court has observed: “It is also a cardinal principle of construction that external aids
are brought in by widening the concept of context as including not only other enacting provisions
of the same statute, but its preamble, the existing state of law, other statutes in pari materia and
the mischief which the statute was intended to remedy.”

Some of the External Aids are –

Parliamentary History, Historical Facts and Surrounding Circumstances

If the wordings are ambiguous, the historical setting may be considered in order to arrive at the
proper construction, which covers parliamentary history, historical facts, statement of objects
and reasons, report of expert committees.

a) Parliamentary history means the includes conception of an idea, drafting of the bill, the
debates made, the amendments proposed, speech made by mover of the bill, etc. Papers placed
before the cabinet which took the decision for the introduction of the bill are not relevant since
these papers are not placed before the parliament.

Cases

1. The Supreme Court in S.R. Chaudhuri v. State of Punjab and others has stated that it is a
settled position that debates in the Constituent Assembly may be relied upon as an aid to
interpret a Constitutional provision because it is the function of the Court to find out the
intention of the framers of the Constitution.

But as far as speeches in Parliament are concerned, a distinction is made between speeches of the
mover of the Bill and speeches of other Members.

2. Regarding speeches made by the Members of the Parliament at the time of consideration of a
Bill, it has been held in K.S. Paripoornan v. State of Kerala and others that they are not
admissible as extrinsic aids to the interpretation of the statutory provision. However, speeches
made by the mover of the Bill or Minister may be referred to for the purpose of finding out the
object intended to be achieved by the Bill.
b) Historical facts of the statute are the external circumstances in which it was enacted. The
object is to understand whether the statute in question was intended to alter the law or leave it
where it stood.
c) Statement of objective and reasons provides why the statute is being brought to enactment.
It is permissible to refer to it for understanding the background, the antecedent state of affairs,
the surrounding circumstances in relation to the statute and the evil which the statute sought to
remedy

Cases

But, as held in Devadoss (dead) by L. Rs, v. Veera Makali Amman Koil Athalur it cannot be used
to ascertain the true meaning and effect of the substantive provision of the statute.

d) Reports of Commissions including Law Commission or Committees including

Parliamentary Committees preceding the introduction of a Bill can also be referred to in the
Court as evidence of historical facts or of surrounding circumstances or of mischief or evil
intended to be remedied.

Cases

The Supreme Court in Rosy and another v. State of Kerala and others considered Law
Commission of India, 41st Report for interpretation of section 200 (2) of the Code of Criminal
Procedure, 1898.

Social, Political and Economic Developments and Scientific Inventions

A Statute must be interpreted to include circumstances or situations which were unknown or did
not exist at the time of enactment of the statute. Any relevant changes in the social conditions
and technology should be given due weightage.

Cases

In S.P. Gupta v. Union of India, it was stated – “The interpretation of every statutory provision
must keep pace with changing concepts and values and it must, to the extent to which its
language permits or rather does not prohibit, suffer adjustments through judicial interpretation so
as to accord with the requirement of the fast changing society which is undergoing rapid social
and economic transformation

… It is elementary that law does not operate in a vacuum. It is, therefore, intended to serve a
social purpose and it cannot be interpreted without taking into account the social, economic and
political setting in which it is intended to operate. It is here that the Judge is called upon to
perform a creative function. He has to inject flesh and blood in the dry skeleton provided by the
legislature and by a process of dynamic interpretation, invest it with a meaning which will
harmonise the law with the prevailing concepts and values and make it an effective instrument
for delivery of justice.”
Therefore, court has to take into account social, political and economic developments and
scientific inventions which take place after enactment of a statute for proper construction of its
provision.

Reference to Other Statutes

For the purpose of interpretation or construction of a statutory provision, courts can refer to or
can take help of other statutes. It is also known as statutory aids. For e.g. the General Clauses Act,
1897.

The application of this rule helped to avoid any contradiction between a series of statutes dealing
with the same subject as it allows the use of an earlier statute to throw light on the meaning of a
phrase used in a later statute in the same context.

Dictionaries

When a word is not defined in the statute itself, it is permissible to refer to dictionaries to find
out the general sense in which that word is understood in common parlance. For e.g. Black’s
Law Dictionary.

Judicial Decisions

Decisions by courts on the same manner act as precedents for the interpretation of statutes.
Indian judicial pronouncements may have binding value when issued by a higher court, and have
persuasive value when issued by a court having same or lower authority. These foreign decisions
from countries following the same system of jurisprudence have persuasive value only and
cannot be used to contradict binding Indian judgements.

Other materials

Courts also refer passages and materials from eminent text books, articles and papers published
in journals.

Cases

The Supreme Court used information available on internet for the purpose of interpretation of
statutory provision in Ramlal v. State of Rajasthan.