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Aid

Internal Aid External Aid


1. Title
2. Preamble
3. Headings
4. Marginal Notes
1. Text Books
2. Parliamentary History
3. Previous Legislation
4. Dictionaries
5. Doctrine of Stare Decisis
1. Text Books :- A text Book is a book used for the study.
Courts, while interpreting a statute refer textbooks authored
by distinguished jurists and eminent scholars, to get the true meaning
of an enactment.
Case Law:- Keshwanand Bharti vs. State of Kerala, AIR 1973
In this case, honorable Supreme Court referred a large
number of textbooks. The majority opinion was that, in view of many
opinions and counter opinions expressed by the authors and jurists in
the textbooks, it was not desirable to follow the opinions quoted in
the textbooks.
2. Parliament History :- Earlier courts, while interpreting a
provision in a statute used to refer legislative history to ascertain its
clear and complete meaning.
The Traditional English Courts used to refer the report of a
Committee presented to the Parliament as an external aid

Case Law:- A.K Gopalan vs. State of Madrad, AIR 1950


The Supreme Court observed that the debates in Parliament
on a bill are not admissible for the interpretation of an act.
3. Previous Legislation :- A Law which is enacted by the
Legislature.
Where a code is consolidates the statutes law on a particular
subject and in case of doubt. In such cases the history of the Previous
Act may be looked at to determine the interpretation to be put on the
same word in different sections.

Case Law:- Gulab Chand vs. Kudali


It is said that interpreting a statute the general rule is that the
grammatical and ordinary sense of the word used is to be adhered.
4. Dictonaries :- A reference book which consist a set of words.
When words are not defined in an Act than it is permissible
to look into a dictionary to find out the real sense of the word.

Case Law:- Alamgir vs. State of Bihar, AIR 1956


supreme Court held that even tough the word detains may
mean detention against the will of the detainee, this dictionary
meaning of this word is not the true meaning of this word in the
present context.
5. Stare Decisis / Judicial Decision :- The judgment by a court of
competent jurisdiction on matters submitted to it.
The term Stare Decisis means “To stand by the decided
matters”
Judicial decisions are binding on all courts of Indian except
the Supreme Court, because the Supreme Court of India is free
depart from its previous decisions for valid reasons.
Case Law:- Bengal Immunity Company vs. State of Bihar
According to this rule, the principle of the law which has
become settled by a series of decisions, is generally binding on the
courts and should be followed in similar cases. This rule is based on
public policy.

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