Marginal Notes

Marginal notes are those notes which are inserted at the side of the sections in the Act
and express the effect of the sections. These are also known as side notes.

In the olden times help used to be taken sometimes from the marginal notes when the
clear meaning of enactment was in doubt. But the modern view of the courts is that
marginal notes should have no role to play while interpreting a statute. 

The basis of this view is that the marginal notes are not parts of a statute because they
are not inserted by the legislators nor are they printed in margin under the instructions
or authority of the legislature. These notes are inserted by the drafters and many times
they may be inaccurate too. 

However, there may be exceptional circumstances where marginal notes are inserted by
the legislatures and, therefore, while interpreting such an enactment help can be taken
from such marginal notes. The Constitution of India is such a case. The marginal notes
were inserted by the Constituent Assembly and, therefore, while interpreting the Indian
Constitution, it is always permissible to seek guidance and help from the marginal notes.

WILKES

V.

GOODWIN

Held- It was held that the side notes are not part of the Act and hence marginal notes
cannot be referred.

BENGAL IMMUNITY COMPANY

V.

STATE OF BIHAR

Held- The Supreme Court held that the marginal notes to Article 286 of the Constitution
was a part of the Constitution and therefore, it could be relied on for the interpretation
of that Article.
 TARA PRASAD SINGH

V.

UNION OF INDIA

Held- It was held that marginal notes to a section of the statute cannot take away the
effect of the provisions.