Legislative History

The term “legislative history” Generally, the term is used to denote documents
relating to events that occurred during the conception, preparation, and passage of
the enactment.

Peter hogg considered legislative history to include the following material;

Committee report, commission report, a govt. policy paper, budget, speech and
debates etc.

When the law is put in use then it could be possibility of ambiguity, inconvenience,
hardship which makes law futile. He to put the law in use or get into functional role
the judiciary has to put effort to remove the absurdity, hardship, ambiguity having
the rules of interpretation and this called interpretation or construction.

The function of interpretation or construction is to declare the law not to give it, I’e
office of judge is not to make the law but to declare the law.

In Express Newspaper Private Limited V. Union of India- the SC clearly stated that
historical and other like external source may be looked into by a court in case of
ambiguity.

Legislative Intention

It is the duty of the judicature is to act upon the true intention of the legislature. This
is guided by the maxim I’e “sentential legis” I’e true intention of legislature.

According to salmond; the duty of judicature is to discover and to act upon the true
intention of the legislature.

As essence of the law lies in the spirit not in its letter, but the letter are only way in
which intention are expressed.

Intention of legislature has two aspects;

1. Meaning ; that tell what the words mean

2. Purpose and object ; which includes purpose and object of enacting the
statute.
 Guide lines to frame intention of legislature are;

1. The context
2. The subject matter
3. The effect and consequences
4. The spirit or reason of the law

Mohd ali khan v. Cwt, the SC explained the each and every word of the statute
implies the true intention of the legislature.

In state of kerala v. Dr. S.G Savothama Prabhu it is stated that the intention of the
legislature has to be ascertained from the language of the statute. If the words are
unambiguous, clear and explicit there need to be no recourse to any rules of
interpretation.

Statement of object and reason

Statement of object and reason can be referred only for understanding the
background, the antecedent state of affairs, the surrounding circumstances in
relation to the state of affairs and the evil which the statute has sought to remedy.

In Ashwini Kumar’s case, the statement of object and reasons was ruled out as an aid
to the construction of a statute.

Babu Ram v. state of u.p, it was held that the statement of objects and reasons can
be referred to ascertain mischief sought to be remedied.

Committee report

Report of committee preceding the introduction of a bill have also been referred to
as evidence of historical facts or of surrounding circumstances or mischief to be
remedied and at times for interpreting the act.

R. S Nayak V. AR Antuley case the court held that report of the committee which
preceded the enactment of legislation report joint parliament committee and report
of a commission set up for collecting information leading to the legislation are
permissible external aid to the construction of the act.
In CIT AP v. jayalakshmi Rice and oil mills contractor co. it was held that the report of
the special committee which had been appointed by the govt. of india to examine
the provision of bill which later became the partnership act could not be admitted
for interpreting the provision of the act.

Legislative debates

K.S Pari Pooran V. state of kerala, the court held that “ speeches of the member of
the parliament are not admissible as extrinsic aid though speech of the mover of the
bill can referred to find out the object intended to be achieved by the bill”.

Ak gopalan case and kesavnanda case held that it cannot be admissible.

Law commission report

After the 183rd report of law commission on general clause act, the external aids
became the intrinsic element and were widely accepted in the interpretation of
statute.

Anandi Hari Das co.pvt ltd V. Engg Majdoor Sang the court held observed “where the
language is vague and ambiguous or does not clearly spell out the object and spirit of
law or act, external aids in the nature of parliament debates, report drafting or select
committee may be permissible to determine and located the real intention of the
lagislature