Interpretation of Statutes

PAPER – VII INTERPRETATION OF STATUTES
UNIT I INTRODUCTION:
1.1. Difference between Construction and interpretation.
1.2. Concept and power interpretation.
1.2.1. Literal Construction.
1.2.2. 0ther principles of interpretation.
1.3. GENERAL PRINCIPLES OF INTERPRETATION:
1.3.1. The Primary rule: Literal construction.
1.3.2. The other main principles of interpretation.
1.3.3. Reading words in their context the external aspect.
1.3.4. Reading words in context: the statutory aspect.
UNIT II BENEFICIAL CONSTRUCTION AND RESTRICTIVE CONSTRUCTION:

2.1. Consequences to be considered.
2.2. Presumption against change in the common law
2.3. Mensrea in statutory offences
UNIT III THEORETICAL OR IDEOLOGICAL APPROACHES TO INTERPRETATION:

3.1. Judicial Restraint.
3.2. Judicial activism
3.3. Juristic restrained
3.4. Juristic activism.
UNIT IV PRESUMPTIONS REGARDING JURISDICTION:

4.1. Presumptions against ousting established jurisdictions.
4.2. Presumptions against creating new and enlarging established jurisdictions
4.3. How for statutes affect the crown. FURTHER PRESUMPTIONS REGARDING
JURISDICTION:
4.4. Territorial extent of British legislation.
4.5. How for statutes conferring rights affect Foreigners.
4.6. Presumption against violation of International law.
UNIT V CONSTRUCTION TO AVOID COLLUSION WITH OTHER PROVISIONS, CONSTRUCTION

MOST AGGREABLE TO JUSTICE AND REASON:
5.1. Presumption against intending what is inconvenient or unreasonable.
5.2. Presumption against intending injustices or absurdity.
5.3. Presumption against impairing obligations, permitting advantage from one’s own wrong.
5.4. Retrospective operation of statutes.
UNIT VI EXCEPTIONAL CONSTRUCTION:

6.1. Modification of the Language to meet the intention.
6.2. Equitable construction.
6.3. Strict Construction of penal Laws.
6.4. Statutes encroaching on rights or imposing burdens.
6.5. Construction to prevent evasion.
6.6. Construction to prevent abuse of powers.
UNIT VII SUBORDINATE PRINCIPLES:

7.1. Usage and contemparance exposit
7.2. Construction imposed by statute.
7.3. Construction of words in bonam pattern.
7.4. Change of Language.
7.5. Understanding associate words in a commonsense, and the expression unique.
7.6. General words following more specific.
7.7. Meaning of some particular expressions.
UNIT VIII INTENTIONS ATTRIBUTED TO THE LEGISLATURE WHEN IT EXPRESSES NONE:

8.1. Imperative and directory and enhancements.
8.2. Absolute and qualified duties.
8.3. Impossibility of compliance.
8.4. Waiver.
8.5. Public and private remedies.
UNIT IX STARE DECISIS:

9.1. The doctrine has inherited by us.
9.2. Techniques of innovation (subversion) of stare Decisis.
9.3. Supreme Court's authority to overrule its own decisions (Eg. Antulay Case).
9.4. Advisory jurisdiction and its import on precedent.
9.5. Prospective overruling in India.
9.6. 0bjections to judicial review as anti majoritarian.
UNIT X STATUTORY INTERPRETATION AS ASPECTS OF JUDICIAL PROCESS:

10.1. Rules of statutory interpretation: their judge made character.
10.2. Legalism and rule of literal interpretation.
10.3. Creativity: Mischief and Golden Rule.
10.4. Self Discipline: Rule of construction in Fiscal and Criminal Statutes.
10.5. Technicality: Rules as to necessary and implied repeal: Rules for interpretation of
codifying, consolidating and amending statute.
10.6. Values and interpretation.
UNIT XI CONSTRUCTIONAL INTERPRETATION:

11.1. Differentiation from statutory' interpretation Rex Vs.Burah as example.
11.2. Laetrile interpretations.
11.3. Harmonies construction.
11.4. Reference to Constituent assembly debates.
11.5. Pith and substance
11.6. Occupied field.
11.7. Residuary power
11.8. Repugnancy
11.9. Amending power
11.10. Directive Principles as source of constitutional interpretation.
1. MEANING AND PURPOSE OF INTERPRETATION 1
2. GRAMMITICAL OR LITERAL CONSTRUCTION 3
3. GOLDEN RULE OF INTERPRETATION 5
4. HEYDONS RULE / MISCHIEF RULE 7
5. HARMONIOUS CONSTRUCTION 9
6. BENEFICIAL CONSTRUCTION 11
7. STATUTE MUST BE READ AS A WHOLE 13
8. STRICT CONSTRUCTION IN TAXING STATUTES 14
9. STRICT CONSTRUCTION IN PENAL STATUTES 16
10. STRICT CONSTRUCTION IN PENAL STATUTES – MENSREA 18
11. SUBSIDIARY RULES OF INTERPRETATION OF STATUTES 20
12. INTERNAL AIDS TO INTERPRETATION OR THE

PARTS OF A STATUTE 22
13. EXTERNAL AIDS TO INTERPRETATION 24
14. PRESUMPTION 26
15. PRESUMPTION AGAINST VIOLATION OF

INTERNATIONAL LAW 28
16. PRESUMPTION AGAINST THE CHANGES

IN THE COMMON LAW 29
17. STARE DECISIS 30
18. DOCTRINE OF ECLIPSE & DOCTRINE OF SEVERABILITY 32
19. STATE BOUND BY STATUTE 33
20. RETROSPECTIVE EFFECT OF STATUTE IN RELATION

TO INTERPRETATION 35
21. DOCTRINE OF TERRITORIAL NEXUS TERRITORIAL

NEXUS AND THE PARLIAMENT 37
22. EXPLAIN THE PRINCIPLES RELATING TO

INTERPRETATION OF THE CONSTITUTION 38
23. OLD QUESTION PAPERS – ACHARYA

NAGARJUNA UNIVERSITY 40
Golden rule : “MANGALORE CHEMICAL & FERTILISERS LIMITED vs. DEPUTY COMMISSIONER OF
COMMERCIAL TAXES AND OTHERS”. Towards promotion of economical activities and industrial
development, the Karnataka State Government made an Act, which is called as the Karnataka
State Sales Tax Act, 1957. As per the provisions of the Act, certain sales tax exemptions are
provided to the newly established industries. Basing on those provisions the appellant company
benefited. Later on the State Government issued one notification, which alters the provisions of
the Act. As per the new provisions the state government withdraws the exemption, which is
already given to the appellant. The Supreme Court held that conditions existed in subsequent
notification is invalid, because the appellant had already earned eligibility.
MEANING AND PURPOSE OF INTERPRETATION

Law comes out from three sources and those are Legislation Precedent and Custom. Among
these three, legislations are in supreme position. In general if there is any ambiguity in the
terms of written agreement executed by parties, they can clear it with mutual discussions. At
the same time if ambiguity is in the legislation, court only can rectify it.
OBJECT: There is a difference between ordinary and legal language. The legal language
consists of complex and compound sentences, which are not understandable to the common
people easily. For making legislation the legislature depends upon bureaucrats. Because of
their busy schedule bureaucrats didn’t frame the statute correctly. There is no problem for
passing and implementation of these statutes. But the real problem is when the suit filed for
adjudication connecting to these legislations. If so court has to rectify the ambiguous terms in
the statute. Court as far as possible try to implement these legislations, because legislature for
making legislation spends crores of rupees.
IMPORTANT POINTS:
1. Supreme Court clearly explains about the circumstances, in which the interpretation needed.
Mainly the interpretation needs only when the words used in the statutes are not clear and
the intention of legislature is not understandable in nature.
2. The words used in the statute having double meaning, and then court ascertain the true
meaning by interpretating the statutes.
3. Principles of interpretations are mainly the guidelines but not conclusive. While interpretating
the provisions of statute the court consider the object and intention of the maker.
4. At the time of interpretation court not to add or delete the words in the statute. If it does so it
seems to be encroachment into the sphere of legislature.
INTERPRETATION & CONSTRUCTION: Construction is the terminology used in statute. Whereas
interpretation is a process adopt by judiciary to ascertain actual meaning of those words. The
legislature conveys some inner meaning through construction that can be taken out by the
courts through interpretation. Eg: Article 21 of Constitution of India constructed with 18 words
i.e. “No person shall be deprived of his life or personal liberty except according to procedure
established by law” but the Hon’ble Supreme Court of India applied this Article in various cases
filed under Public Interest Litigation
.
GRAMMITICAL OR LITERAL CONSTRUCTION
It is the duty of the court not to modify the language of the Act, if the meaning is clear and
unambiguous. The idea behind such a principle is that the legislature, being the supreme law
making body expresses intention clearly through the words of the statute. Literal interpretation
has been called the safest rule because the legislature’s intention can be deduced only from the
language through which it has expressed itself. It is one of the basic principles of interpretation.
Comparatively with the other rules it is oldest one and courts apply this rule frequently.
CHARECTERISTICS:
1. Court applies the terminology used in the statute as it is.
2. While applying literal construction, not to injustice to both parties.
3. At the time of applying this rule court not to add or delete words from statute.
4. Irrespective of consequences the perfect meaning of the word applies.
5. When applying this rule statute must read as a whole.
6. The words in the statute having clearing meaning, it helps to ascertain maker’s intention.
CASES:
“SUNDARAM FINANCE LIMITED vs. N.E.P.C. INDIA LIMITED”. In this case N.E.P.C. India limited enters
into a hire-purchase agreement with Sundaram Finance Limited for purchasing generators. The
condition is that NEPC limited must repay the loan amount within 36 installments. There is
arbitration clause in the agreement. After 15 installments NEPC limited default in making
payment. Then Sundaram finance approached court for interim orders to seize the property
considering section 9 of the Arbitration and Conciliation Act, 1996. The court passes the order
accordingly. Later NEPC challenged the order contending that interim order is not maintainable
because of arbitration agreement. Finally Supreme Court apply Section 9 of the Act as it is and
held that court is empower to pass interim order’s before or during the arbitral proceedings.
“PREM NARAYAN BARCHIHA vs. HAKIMUDDIN SAIFI”. In this case appellant is house owner. He
gives his shop for rent. Later owner needs accommodation to establish a shop for his son and
approach the tenant for eviction. The tenant rejected to do so and then the owner file a petition
under section 12 (1) (f) of the Madhya Pradesh Accommodation Control Act, 1961. Advocate on
behalf of tenant argued that according to clause (e) of the said act, owner can only evict the
tenant if he needs residential accommodation for him or any member of his family. Owner taken
clause (f) of the said act and accordingly, owner can evict the tenant when the owner needs
non-residential accommodation for him or any member of his family. Finally the Supreme Court
by applying section 12 (1) (f) held that the owner is entitled to evict the tenant for non residential
accommodation to him or for his family members.
“FORAGE AND COMPANY vs. MUNICIPAL CORPORATION OF GRETER BOMBAY” The provisions of
section 192 (1) of the Bombay Municipal Corporation Act, 1888 gave authority to Municipalities
to levy taxes in respect of Articles enumerated in Schedule H. There are several classes under
Schedule H. Class IV of it stated that the tax might be imposed on the “Articles used in the
construction of buildings, roads and other structures and articles made of wood or crane
including zinc oxide”. The appellant contended that zinc oxide is not used form construction.
Hence imposing tax on zinc oxide is not acceptable. Finally court dismissed the petition by
applying the literal interpretation.
GOLDEN RULE OF INTERPRETATION
It is based on logical thinking. This rule is a modification of the literal rule. It states that if the
literal rule produces meaninglessness, then the court should look for another meaning of the
words to avoid that absurd result. For example, imagine there may be a sign saying "Do not use
lifts in case of fire." Under the literal interpretation of this sign, people must never use the lifts, in
case there is a fire. However, this would be an absurd result, as the intention of the person who
made the sign is obviously to prevent people from using the lifts only if there is currently a fire
nearby. Thus, the Golden rule implies that if a strict interpretation of a statute would lead to an
absurd result then the meaning of the words should be so construed so as to lead to the
avoidance of such absurdity.
IMPORTANT POINTS:
1. The meaning of the word ascertain with its plain meaning, which is in ordinary sense.
2. At the time of applying this rules intention of the maker not to deviate.
3. It is the real modification of literal construction.
4. This rule is universally accepted one, because it helps to implementation of the statute.
5. First apply dictionary meaning and it is not useful then applies general meaning.
CASES:
“MOTIPUR ZAMINDARY CONPANY PRIVATE LIMITED vs. STATE OF BIHAR”. The question in this case
is, whether the Sugar Cane falls within the meaning of green vegetable or not? If it comes under
green vegetable, it would exempt from tax. In this case Supreme Court by applying the Golden
Rule interpretate the term green vegetable. In general green vegetable means grown in a
garden and used for the table, so court held that sugar cane is not green vegetable.
“LEE vs. KNAPP”. Based on Road Traffic Act, 1960 Government in England imposes the condition
that the driver of motor vehicle shall stop his vehicle, if any accidents happen. In this case the
question is “within how many seconds or minutes” the driver should stop the vehicle. The court
by applying the Golden Rule interprets the term shall stop as follows. The driver of the vehicle
shall stop it and remain where he has stopped it for such a period of time according to the
circumstances.
“WRIGHT vs. FORD MOTOR COMPANY LIMITED”. According to the factories Act, 1961 the occupier of
the factory is liable for event of any infringement. Here the question raised, the occupier means
manager or the owner. Finally by applying the Golden Rule court held that the owner is the
occupier and he is liable.
HEYDONS RULE / MISCHIEF RULE

This rule applies based on the intention of the legislature. Courts while interpretating the
provisions considers on what purpose legislature enacts this legislation. Legislature enacts a
legislation to control mischief, which is already in existence. . This principle was first applied in
an English case in the early 16th century. The following is the important case which helps to
frame this rule for interpretation of statutes and to ascertain the intention of maker.
“IN RE HEYDON’S CASE” The particulars of this case are certain properties are on the name of a
particular college and those are used only to run the college. The management of the college
give some lands to ‘W’ and his sons for their lives, and after them to ‘S’ and ‘G’. England
Parliament made a statute to protect these types of properties. Considering the provisions of
the statute, the properties of the colleges were handed over by the government. Then Haydon
one of ‘S’ and ‘G’ challenged this in court. The object of enactment of this legislation is to protect
the properties given to educational institutions. Finally court upheld the decision of the
government by applying the Mischief Rule. For the application of this rule the following points
are to be taken into consideration.
 What was the law prior to enactment of new law?
 What was the mischief or defect for which new law is made?
 What remedy the new law provides?
IMPORTANT POINTS:
1. Sometimes prior law contains mischief then legislatures make new law or add some
provisions in old statute. Eg: To prevent dowry deaths, dowry harassment and suicide the
Parliament enacted “The Dowry Prohibition Act, 1961”. After enactment of this Act also the
death rate not reduced. Due to this Parliament brought amendments in IPC and Evidence
act, by incorporating Section 498 A: 304 B of IPC and 113 A in Indian Evidence Act.
2. The main object of this mischief rule is wrongdoer must be punished and the aggrieved can
get proper remedy.
3. Where the Mischief found in statute the remedy is required.
4. What is Mischief in old statute and what the legislature done to avoid that mischief in new
statute must be taken into consideration by the courts, while interpretating the provisions.
5. Where there is a chance of applying two interpretations then the court prefer one, which help
to suppress the mischief.
6. Where the language used in the statute has clear meaning and there is no ambiguity at that
time this rule is not applicable.
CASES:
“GORRISSA vs. SCOTT”. The provisions of one statute reveals, that while transporting the sheep’s
owner of the transportation company must fence in between his own sheep and the transported
sheep’s of others. One person approached the transport company and wanted to transport his
sheep’s and they were transported by ship. During the transportation due to cyclone entire
sheep’s are dead. Then the owner of the sheep’s’ filed a suit against the transport company for
compensation and also mentioned that the owner of the company not fence the sheep’s. As the
owner of the transportation company not transporting his own sheep’s there is no need to fence.
Finally court applies this rule and held that the main object of fencing is not to mingle the goods
of the owner and that of the transporter, but not for protection.
“SMITH vs. HUGHES”. This case relates to Section (1) of “The Street Offences Act, 1959” that
defines about the street offences. As per this, the prostitutes, who call or send signs to the
passengers and attract the attention from balconies or windows, is a punishable offence.
Basing on this the police arrested the appellant. The accused appellant contended that mere
giving signs from the house would not be treated as street offence. The reason behind it is
sitting inside the house is not treated as street. But by applying the Mischief rule the court
passes a sentence.
HARMONIOUS CONSTRUCTION
Where there is a conflict between two or more statutes or two or more parts of a statute then the
rule of harmonious construction needs to be adopted. Hon’ble Supreme Court of India
prescribed the following guidelines for the application of Harmonious Construction. Those are,
1. The courts must avoid a clash of apparently contradicting provisions and they must interpret
the contradictory provisions so as to harmonize them.

2. The provision of one section cannot be used to defeat the provision contained in another
unless the court, despite all its effort, is unable to find a way to reconcile their differences.
3. When it is impossible to completely reconcile the differences in contradictory provisions, the
courts must interpret them in such a way so that effect is given to both the provisions as
much as possible.
4. Courts must also keep in mind that interpretation that reduces one provision to a useless or
dead is not harmonious construction.
5. To harmonize is not to destroy any statutory provision or to render it fruitless.
CASES:
RAJ KRISHNA vs. BINOD. In this case, two provisions of Representation of People Act, 1951,
which were in apparent conflict, were brought forth. Section 33 (2) says that a Government
Servant can nominate or second a person in election but section 123(8) says that a Government
Servant cannot assist any candidate in election except by casting his vote. The Supreme Court
observed that both these provisions should be harmoniously interpreted and held that a
Government Servant was entitled to nominate or second a candidate seeking election in State
Legislative assembly. This harmony can only be achieved if Section 123(8) is interpreted as
giving the govt. servant the right to vote as well as to nominate or second a candidate and
forbidding him to assist the candidate it any other manner.
VENKATARAMANA DEVARU vs. STATE OF MYSORE. In this case the Supreme Court applied the rule
of harmonious construction in resolving a conflict between Articles 25(2)(b) and 26 (b) of the
Constitution and it was held that the right of every religious denomination or any section thereof
to manage its own affairs in matters of religion {Article 26 (b)} is subject to law made by a State
{Articles 25(2)(b)}.
BENEFICIAL CONSTRUCTION
When there are two or more possible ways of interpreting a section or a word, the meaning
which gives relief and protects the benefits which are purported to be given by the legislation,
should be chosen. The provisions for granting bail in Cr.P.C: Contracts with lunatics and minors
and general exceptions in IPC are the beneficial constructions. Beneficial construction is also
known as liberal construction.
IMPORTANT POINTS:
1. Beneficial statute should understand in broad view.
2. The legislation is to fulfill the objects of directive principles, and then it only can interpret
accordingly.
3. Apply the provisions of labour legislations for workers welfare.
4. For the application of beneficial construction court must confirm that the provisions of that
statute are constitutionally valid.
5. At the time of application of this construction court consider the principles of natural justice.
6. If there is possibility of applying two interpretations better to apply the beneficial construction.
7. At the time of application of this legislation court must taken into consideration of maker’s
intention.
“MADAN SINGH WHEKHAWAT vs. UNION OF INDIA”. A soldier in army by getting authorized leave
went to his native place from head quarters. When he is in travelling he met with accident and
resulted amputation of his hand. As on such date he completes 11 years 6 months service in
army and he applied for disability pension. But the defense authorities rejected his claim, by
mentioning that his hand was amputated in a general accident but not in service in army. As per
the defense service regulation Act, “a person is deemed to be on duty during the period of
participation in recreation, organized or permitted by service authorities and of travelling in a
body or singly under organized arrangement. A person is also considered to be on duty when
proceeding to his leave station or returning to duty from his leave station”. Considering these
provisions Supreme Court gave judgment in favor of the appellant.
“AMRITHAM KUDUMBAH vs. SARNAM KUDUMBAH”. In this case father alienates the property
belongs to his minor daughter. After attaining majority, daughter alienates the same property to
another person. Both transferees approached the court of law. Finally Supreme Court held
that the sale made by the father is invalid.
In the landmark case of B SHAH V PRESIDING OFFICER, LABOUR COURT, court applied beneficial
rule of construction in construing section 5 of the Maternity Benefit Act, 1961, which makes the
employer liable to pay maternity benefit to woman worker at the rate of average daily wage for
the period of her actual absence immediately preceding and including the day of her delivery
and for six weeks immediately following that day. The court held that Sundays must also be
included and held that the Act was intended not only to subsist but also make up for her
dissipated energy and take care of child. The Act was read in the light of Article 42.
STATUTE MUST BE READ AS A WHOLE
When one section in legislation requires interpretation, court must read the statute as a whole.
To ascertain the meaning of a clause in a statute, the court must look at the whole statute, at
what precedes and at what succeeds and not merely at the clause itself. Same word may mean
one thing in one context and another in another context. A statute consists of several sections,
exceptions and illustrations which are interlinked each other. The intention of the legislature
reflects on entire provisions of statute. To ascertain the intention of maker court must read
statute as a whole, which is the basic principle of interpretation.
IMPORTANT POINTS:
1. At the time of disposal of a case, court must apply the section as a whole and not part of it.
2. Legislature considering the changed circumstances amends the provisions in the statute,
judge consider the amended provisions and can decide the case.
3. Every clause and section should understand with reference to the contest of the statute.
Section 13 (a) (ii) of the Punjab Rent Restriction Act, 1949 allows a landlord to obtain
possession in the case of rented land if “(a) he requires it for his own use; (b) he is not
occupying in the urban area for the purpose of his business any other such rented land; and (c)
he has not vacated such rented land without sufficient cause. High Court held that ‘for his own
use’ permitted landlord to claim eviction for his own use whatever may be the nature of the use.
Supreme Court held that the three clauses were to be read together and (a) was restricted to
business use as were (b) and (c). SC pointed out that if the restrictive meaning was not given to
the words for his own use, the later two clauses would become inapplicable.
STRICT CONSTRUCTION IN TAXING STATUTES
The main object of imposing tax is to acquire revenue, which helps smooth function of
government and also for implementation of welfare provisions. This concept is in force from
ancient days. In the olden because of no currency, people used to pay grains as taxes. In
those days the duties of state are limited. The rulers only concentrate to protect country from
internal and external rebellion.
But from 19th and 20th century’s because of democracy needs of people increased and several
welfare provisions are to be implemented by government. Due to this reason the workload on
State is increased. The good quality of administration needed to rule the people. To achieve
welfare measures government establishes number of departments, which needs huge funds.
This fund only can collect from people by imposing taxes without giving pain to them.
Citizens not to deny for levy of taxes. However, if the government imposes abnormal taxes then
people become irritated and try to avoidance of paying taxes. If they did so block money
increased. At present in India the black money is circulated equally to compare with white
money. Basing on constitutional provisions power of imposition of taxes distributed in between
State and Central Governments.
IMPORTANT POINTS:
1. The statute which is for imposition of tax must interpretate strictly. The court must
interpretate without adding or deleting the provisions in actual statute and applies it
according to the intention of the maker.
2. When two interpretations are possible, the interpretation should be favorable to the
assessee.
3. If any doubt in construction of taxing statute, it must be determined in favor of assessee.
4. The charging sections must apply to those people who are come under purview of it and not
to apply on remaining people.
5. If the Legislature uses unnecessary words in taxing statutes, the court must give benefit to
assessee.
6. The government has authority to fix tax on certain commodities. The meaning of the
commodities should be according to the version of the public but not according to the
literature.
7. The language used in the taxing statutes must be clear then only strict construction is
applied.
8. The primary object of taxing statutes is to prevent evasion of taxes.
9. The burden of proof lies on the person who claims a particular item of property is wholly or
partially exempted from the tax.
STRICT CONSTRUCTION IN PENAL STATUTES

Penal Statutes contains the nature of offence and its punishments. It should always construct
strictly without loopholes. In India the IPC, 1860 is the most important statute, which defines
about the various offences and the punishments for them. At the same time several other
statutes are passed by the legislature, which defines certain other offences and their
punishments. Even several other statutes are made they are not treated equally with the IPC.
Court while deciding the case considers the provisions of Cr.P.C and Indian Evidence Act along
with IPC. It is primary principle that the strict construction applied in the interpretation of the
penal statues. For the application of strict construction the penal statute understood in four
ways.
1. The language used in the statute must express the nature of offence and its creation. There
is a provision in IPC i.e. “you should not steal, if you steal the property of others, you will be
punished”. This shows how the offence is constituted.
2. While making the penal statute legislature should mention clearly the essential conditions,
which the act of a person can be treated as an offence.
3. The wrong doer must be punished under penal statutes. The punishment may be
imprisonment or fine or both basing on the nature of the offence.
4. Finally the procedure and jurisdiction must clearly mention for making decision. The criminal
act must inquire and tried by the court, which has proper jurisdiction.
INGREDIENTS:
1. The fundamental principle is that, the penal statutes must prepare strictly and at the same
time court apply those provisions strictly.
2. Punishment awards only, when the prosecution proved the offence beyond the reasonable
doubt. In criminal cases the burden of proof lies on prosecution.
3. To compare with civil cases, in criminal cases the burden of proof plays important role for
delivering the judgment.
4. The penal statutes can’t operate with retrospective effect.
5. The main purpose of applying the strict construction is “the smallest corporeal punishment is
greater than any pecuniary one”. Because of this reason the courts always act carefully
while imposing the punishments.
6. Let hundred guilty men escape from punishment, but one innocent should not be punished.
If there is a possibility of applying two interpretations at that time court must lean towards
the accused and acquit him.
7. Basing on one wrong not to justify another wrong.
8. When the offence involving with penal provisions then court must taken into consideration of
age and experience of wrongdoer.
9. No person shall prosecute and punished for the same offence more than one.
10. No person accused of any offence shall be compelled to be witness against himself.
11. When the prosecution fails to prove the guilty of offence of accused, the court may prefer
the benefit of doubt in favor of accused.
12. Statute containing severe provisions and providing heavier punishments must apply strictly.
Eg: The Terrorist and Disruptive Activities (Prevention) Act, 1987 contains severe provisions
and consisting of severe punishments. Therefore those provisions must understand and
apply strictly.
“DINESHCHANDRA JAMNADAS GANDHI vs. STATE OF GUJARAT AND ANOTHER”. The appellant
charged with the offence, which is covered under the Food Adulteration Act, 1955. He is selling
the sweets having colored. The Supreme Court by applying the strict construction confirmed
the punishment on the accused.
STRICT CONSTRUCTION IN PENAL STATUTES - MENSREA

The act of a person alone does not constitute a crime. But if it mingles with the guilty intention
then it considers as crime. In every statutory offence in England the Mensrea is essential
ingredient. The following are the important cases.
CASES:
“R vs. PRINCE”. In this case Henry Prince loved Annie Philips a 16 year minor girl. On belief that
she is 18 years, Prince takes her away with intention to marry her. Later her father gave
complaint against Henry Prince. Police arrested Henry Prince and he contends that with belief
he taken away the girl that she completed 18 years of age. It is proved that girl tell to him that
she had completed the age of 18 years. He also contended that he had no Mensrea. Finally
court convicted the accused as he is guilty of kidnapping.
“R vs. WHEAT AND STOCK”. In this case a person who is uneducated handover his divorce case to
an advocate. After filing the case immediately he married another lady without waiting for
judgment. First wife prosecuted him and he pleads that he is uneducated and he did not know
the procedure of law. He thinks that after handed over the divorce petition to the lawyer, it is
sufficient for getting divorce. Court not considers his plea and convict accused for the offence of
bigamy.
MENS REA IN INDIAN LAW: Offence and its punishment clearly defined in Indian penal code. While
deciding the cases the state of mind of the accused is taken into consideration by the courts.
Definition for Mensrea is not given in Indian penal code. But the framers of the code used the
equivalent words like fraud, dishonest intention etc. The following are the instances in which
Mensrea taken into consideration in India.
 Mensrea is an essential element in deciding the cases which are filed u/s 498 A. The person
who cheats the public with guilty intention he will be punished U/S 420 IPC.
 The cases which are filed U/S 171-D, IPC (Election cases) & offences relating to abetment;
conspiracy is also finalized by taken into consideration of Mensrea. In this type of cases
burden of proof rests on the prosecution.
 To deviate the cases filed u/s 299 & 300 Mensrea plays an important role.
SUBSIDIARY RULES OF INTERPRETATION OF STATUTES

1. RULE OF NOSCITUR ASOCIIS: The meaning of this maxim is, to know the meaning of a word
with the help of associated words. Every word has two meanings, one is denotation
remaining is connotation. Denotation means actual dictionary meaning. Connotation means
the meaning adopted by the neighborhood. This connotation is otherwise known as rule of
nosciturasociis. It means ascertain the meaning of the word based on associated words.
According to Shakespeare the character of a person can estimate by knowing the character
of associated friends accompany with a person.
2. RULE OF EJUSDEM GENERIS: The meaning of this maxim is common words, which are followed
with other words, are expresses same kind of meaning. The following is the example to
know this rule. Eg: If the husband asks the wife to buy bread, milk and cake and if the wife
buys jam along with them, it is not invalidated merely because of not specifying it but is valid
because it is of the same kind. This is called ejusdem generis.
3. CASUS OMISSUS: The meaning of this maxim is where there is gap in statutes court not to fill
up the gap by adding additional words to the statutes. If done so it is contrary to the
constitutional provisions, and treated it as interference of judiciary in legislature.
4. DOCTRINE OF REPUGNANCY: It means contrary. If State and Central made legislation on one
subject in concurrent list, which they are contrary one and each other, then central legislation
prevails.
CONDITIONS:
 Both central and State enact on same subject in concurrent list.
 Both are contrary to each other.
 If legislation is on different field this doctrine not applies.
5. RULE OF BONAL PARTEM: It is one of the subsidiary rules of interpretation. Accordingly other
than the owner transfers the property to others, the buyer can get good title. Particularly this
rule is applied in transferring the property from one person to another. The following is the
example to this. Eg: ‘A’ took a loan from ‘B’, but fails to discharge the debt. Then ‘B’ files a suit
and got decree for execution and attached the house of ‘A’ and auction takes place. Here the
property belongs to ‘A’ auctioned and purchased by another without willingness of the owner.
6. EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS: This is one of the subsidiary rules of interpretation.
The meaning of this maxim is something stated expressly in an agreement then the other
thing is excluded. The following is an example in this regard. Eg: ‘A’ is the house owner and
‘B’ is tenant. In their lease agreement they mentioned that any repair takes place in future
the tenant have to repair it with his own expenses. Basing on this provision the house owner
is excluded from the liability of the repairs.
7. RULE OF REDUNDANCY: The meaning of this rule is the condition, which stands as eligibility
must not stand forever. After the function is over the same condition, is not taken into
consideration for ever. Eg: Towards contesting in the Panchayat Elections the candidate
having residence in the locality where he is contested. This rule is only applied at the time of
nomination. After elections he shifts his residence then he cannot forfeit power.
INTERNAL AIDS TO INTERPRETATION OR THE PARTS OF A STATUTE

Where the provisions of the statute is clear and words gives one meaning, at that time
there is no need to interpret statutes. But if there is any ambiguity in the provisions at that time
the court must interpret the statute. While interprets the statutes court must read the statute as
a whole. It is one of the basic important rules for interpretation. While reading the statute as a
whole judge must taken into consideration of the short, long title, preamble, chapters, sections,
and explanations etc. which are called as internal parts of the statute.
These parts have its own value in the statute. Machine builds with several parts by
assembling those parts then machine functions. If any part gives trouble, it must be repaired or
replaced with new part. In the same way every part of the statute is most important for effective
function of the statute. These parts are also helpful in interpretation. Because of this reason
these internal parts are called as internal aids for interpretation. The following are the parts of
the statute or internal aids to interpretation:
1. TITLE: Statute made by legislature contains the name, and end of the name contain the year.
This is known as title.
2. COMMENCEMENT CLAUSE: Statute contains commencement clause, which explains when
would be the statute starting of its functioning. It includes the extension of the statutes,
whether it applies to the entire country or particular state.
3. PREAMBLE: Every statute contains preamble at the starting page. It is like a key to the
intention of the legislature.
4. INTERPRETATION CLAUSE: All most all the modern statutes contain interpretation clause. It
helps to know the meaning of the ambiguous words in the statute. In this clause the framers
explains the different words and their meanings, which are used in the statutes.
5. MARGINAL NOTES: In some occasions, the legislature writes the marginal note behind the
section. It contains some clue as to the meaning and purpose of the section, which helps to
know the intention of the legislature.
6. PUNCTUATION MARKS: These are useful for the right use of the stops in a sentence. The
following is the example. Stop, not hang X-the criminal. It is the telegram, which was send
by the Privy Council to the jail authorities. But the superintendent of the Central Jail
received the telegram as follows. Stop not, hang X-the criminal.
7. ILLUSTRATIONS: These illustrations are useful to understand the section in general manner
and also the intention of the maker in right way.
8. EXCEPTIONS: Some exceptions are provided in statute for its applicability.
9. REPEAL CLAUSE: Repeal means revoke the statute. Due to changed circumstances, a statute
not works satisfactorily. At that time to improve its functioning, the legislature revokes the
old statute and enacts a new statute in place of it. The Specific Relief Act, 1877 was
repealed by the Specific Relief Act, 1963.
10. SAVING CLAUSE: When legislature repeal the statute at that time some of the people’s rights
are affected, and there may be several proceedings are pending in before the competent
court. At that time the government towards safeguard the rights of such persons saving
clause is incorporated. As per this clause their rights may not be affected by enacted new
statutes.
11. FINALITY CLAUSES IN THE STATUTES: In certain Acts, the Parliament excludes the judicial
review by incorporating certain clauses.
EXTERNAL AIDS TO INTERPRETATION

The following are the external aids to interpretation. Reports of law commissions,
parliamentary history and proceedings, social and political history, Public Sentiment, Historical
facts and circumstances, policy of the ruling party, Precedents, Obiter Dicta, Stare Decisis, etc.
These are explained as follows:
1. PARLIAMENTARY HISTORY: Law commission suggested the government to make certain
statutes for the welfare of the society. Based on those recommendations the ruling party
orders the executive to prepare a draft accordingly. After that the bill introduced in
parliament for its approval. Some of the provisions are supported and some of them are
rejected. Whenever the majority members accept the bill then it becomes a statute. These
stages are called as the history of the statute in Parliament. It considers as an external aid
of interpretation.
2. SOCIAL, POLITICAL AND ECONOMIC DEVELOPMENTS AND SCIENTIFC INVENTIONS: The laws are
enacted for the present and future needs. Since the middle of the eighteenth century to 20 th
century, the science and technology developed. Political systems were also changed.
Democratic countries occupy the place of monarchic countries. Hence while interpretating
the statutes by the courts at that time they have to take into consideration of the social,
political and economic developments and scientific inventions.
3. REFERENCE TO OTHER STATUTES: In certain occasions, the courts have to consider one or
more sections of one statute, while interpretating another statute. This is called as
reference to other statutes. At the same time the court must taken into consideration of the
previous statutes while interpretating the same type of the statutes.
4. CODIFICATION: The courts while interpretating the statutes at that time the codified laws must
be taken into consideration. It contains cases laws.
5. CONSOLIDATED STATUTES: It means consolidate the statutes that consists equal subject
matter. It does not contain case law.
6. FOREIGN DECISIONS: Majority of our statutes is brought from the English statutes. So, the
decisions of the English jurists must be taken into consideration.
7. USAGE AND PRACTICE: Where the document is executed between two parties, their intention
must be taken into consideration before and after the execution of the document. Is there
any ambiguity found in the deed the court call both parties and assess the intention of the
parties. This is one of the external aids of interpretation.
PRESUMPTION
A presumption is a conclusion. It is a conclusion that the statutes made by the central, state and
subordinate legislature must be according to constitution. If those are contrary to constitution
then those were quashed by the Supreme and High Courts. Since the constitution of India is
come into existence, it is considered as mother of all laws in India. It is the origin of all the
statutes whether Supreme or Subordinate Legislation. It dictates each and every aspect of
human life in India. It helps to establish the organs of the Government and its administration. It
distributes the legislative powers between the Parliament and the State legislatures. The main
object of our constitution is Rule of Law. The functions of the government are divided in to three
organs i.e. Legislature, Executive, and Judiciary. The entire pattern of the government is
according to the provisions of the constitution. The government has no power to make laws,
which are against the constitution. Towards safeguarding the provisions of the constitution the
judiciary plays a vital role.
INGREDIENTS OF PRESUMPTION REGARDING THE CONSTITUTIONALITY OF STATUTES:
1. It is presumption in law that act is valid, when the provisions of the statutes are according to
the constitution.
2. If any person is contended that the provisions in it are contrary to constitution then the burden
of proof lies upon him.
3. The statutes that are made by the Central, State and subordinate legislatures, should not
violate the constitutional boundaries.
4. When the provisions of the statutes are seems against the provisions of constitution at that
time is there any possibility of interpretation towards avoiding the unconstitutionality that
interpretation should always be accepted.
5. The Supreme Court utters two well settled suggestions regarding the applicability of this
presumption.
 It is the presumption that the enactment must be according to the provisions of the
constitution. If anyone files a writ by challenging the provisions in the statute are
unconstitutional, then he must prove the unconstitutionality.
 While applying the presumption of constitutionality the court must take into consideration of
the facts and circumstances existed at the time of making the legislation.
6. Court always presuming that the laws, which are made, are constitutionally valid. But if any
suit filed against the constitutional validity of the statute at that time the court must satisfy
itself that the statute is under the provisions of the constitution.
7. Legislature should be cautious while drafting the statutes. It should not mention unnecessary
provisions in it.
8. Is there any ambiguity found regarding the constitutionality of the statute at that time the court
determined the judgment in favour of the constitutionality.
9. Where the statute is unconstitutional at that time to provide constitutionality to that statute the
court may not add or delete something to the statute.
10. The legislature while making statute must remember that each word in it has its own
importance.
CASES:
Mithu vs. State of Punjab. (Struck down Section 303 from IPC).
Maneka Gandhi vs. Union of India. (Pass Port Case).
Indira Gandhi vs. Raj Narayan. (Election case).
PRESUMPTION AGAINST VIOLATION OF INTERNATIONAL LAW

The main sources of international law are as follows: 1. International conventions. 2.
International customs. 3. General Principles of law recognized by civilized states. 4. Decisions
by the international organs. 5. Decisions of judicial or Arbitral Tribunals. 6. Equity and Justice.
To compare with the State laws (Municipal Law) the international law is so week. The
reason behind it is the state laws are made with sovereign power and it has binding force within
the territories of the state. Whereas international law has no such binding force. Basing on the
agreements conventions and Treaties in between two states the international law applied. The
states that are participating in the agreements must obey the terms and conditions of such
agreement.
Due to rapid development in science and technology, information technology,
population, literacy all countries are developed. In these circumstances the countries may not
survive solely without the cooperation of the other countries. United Nations Organization is the
source of the international law and policy. When all the countries sing on one agreement it will
become law for entire world. It is presumption that the state, which signs on the treaty, must
obey the terms and conditions in it.
PRESUMPTION AGAINST THE CHANGES IN THE COMMON LAW

There were two sets of laws developed in England. One is the Common law and
reaming is the law of equity. There were two sets of courts, namely the king’s court (The
common law courts) and Chancery courts (Courts of Equity). These two courts are quite
different in nature. Common law courts are delivering the judgments by applying the statutes
made by the king and the chancery courts are delivering the judgments by taken into
consideration of equity and good ethics. Torts, T.P.Act are the good examples in this regard.
During the war in between the Muslim rulers and Hindu rulers the east India Company
came to India for the business. By using the divide and rule policy they occupied the entire
nation. After occupation they slowly implement several laws and established the courts like in
England. At the time the Privy Council was the superior court in India. Before the English
people came to India the Indian people doesn’t know the principles of modern law. Basing on
the Dharmasastras and customs the law and order in the society was controlled in India at that
time. The majority of the common law principles were introduced in Indian judicial system. At
that time the courts, which are established by the English people, shall follow the principles of
Hindu and Islamic laws and customs. After Independence we got our own constitution that is
mother of all the laws. The Supreme Court always goes through the constitution towards
making decisions.
So apart from all the above circumstances it is presumption that the entire common law
principles that are introduced by British people are not purely applied in India. But those are
applied if it were constitutionally valid in nature.
STARE DECISIS
Stare Decisis is a Latin term and its meaning is “to stand by that which is decided”. Stare
Decisis is a legal principle which dictates that courts cannot disregard the standard. The court
must uphold prior decisions. If so the subordinate courts have to follow the same in like cases.
If follows the workload of lower courts is reduced. This rule was first applied in Great Britain.
Later U.S.A and India followed the same.
STARE DECISIS IN INDIA: The Hon’ble Supreme Court of India changes its previous decisions
according to changed circumstances. Eg: S.P. GUPTA vs. UNION OF INDIA (1983). In this case
Supreme Court held that the President has power to transfer the Judges with the permission of
Chief Justice of High Court. But in the year 1993 Supreme Court changed the decision and
President can transfer Judge without consulting the High Court Judge. Likewise several
examples, which are seems to be hurdles to implement the doctrine of Stare Decisis strictly.
CONDITIONS FOR THE APPLICATION OF THIS DOCTRINE:
 There must be establishment of hierarchy of courts. Eg: Supreme Court; High Court; District
Court.
 There must be perfect codification of each and every decision of the above courts.
ADVANTAGES:
 The doctrine of stare Decisis helps the courts to dispose the cases in early, efficient and
decent manner.
 It reduces the expenses of the litigations.
 The judge comes to a conclusion with previous judgments easily.
 This doctrine is based on the ethical principles.
 The administration of Justice is certainly achieved.
DISADVANTAGES:
 Changes are occurred day by day, but the judges of lower court followed the old, dry
judgments of superior courts.
 The judge habitually and mechanically discharges the duties.
 There are several deviations to man & man; circumstance to circumstances. There must be
minute changes in between old and new. Therefore equality of this doctrine can’t be
extended accurately.
 Codification of all judgments is big problem and It is expensive; difficult one in nature.
DOCTRINE OF ECLIPSE & DOCTRINE OF SEVERABILITY

DOCTRINE OF ECLIPSE: The doctrine of eclipse is based on principle that a law which violates
Fundamental Rights is not nullity, but becomes unenforceable. It is over shadowed by the
fundamental rights, but it is not dead. Such laws are not wiped out entirely. All transactions
based on the laws before its invalidation are valid. Those laws affectively work on non-citizens.
DOCTRINE OF SEVERABILITY: The question is, when a part of the statute is declared
unconstitutional then whether the whole of the statute is void or the extent of unconstitutional
portion declared as void? Article 13 consists “to the extent of such inconsistency be void”. The
following are the important cases in this aspect. The following is the example that explains
clearly about this doctrine. Section 19(f) of the Arms Act explains that the person who
possesses the Arms must obtain license from the appropriate authority. At the same time
Section 29 of the same Act, in some notified areas license need not require for the possession
of arms. These two sections seem to be contrary to Article 14 of the constitution of India.
Finally court held that Section 29 of the Act was void and not Section 19 (f).
STATE BOUND BY STATUTE

INTRODUCTION: No statue binds the Crown unless the Crown is named therein either expressly
or by necessary implication. This presumption extends not only to the crown but also to the
crown’s servants. The reason is that King enacted the statute for his subjects and not for
himself. Clause (1) of Article 372 of the Constitution of India enacts that all laws in force in the
territory of India immediately before the commencement of the Constitution shall continue to be
in force until altered, repealed, or amended by a competent legislature. The expression “law in
force” includes not only enactments of the Indian Legislatures but also the Common Law of
England, which was in force in India before independence. Thus the English Common Law
Rule of construction that “Government is presumed to be not bound by a statute unless
expressly named or clearly intended” was simultaneously applied before India become a
sovereign democratic republic. Even after 1950, it appears that the said rule have for some
time its force and recognition, however, later on overruled. Now the Union of India, the States
and other authorities are bound by statute. The following are the examples that certain acts not
applicable to crown.
 Property Occupied by the servants of the Crown exclusive for the crown.
 The custodian of enemy property being a Crown, the servant is not liable to tax.
 The Statutes regarding limitation were formerly held not to bind the crown.
In COOPER vs. HAWKINS, army driver drove a vehicle on the crown’s service at a speed
exceeding the limit. He was not liable for the breach of the speed limit in the absence of express
words in the statute that the Act binds the Crown.
CASES: But the following are the cases, when king is bind by legislations.
 KASTHURI LAL Vs. STATE OF UP
 VIDYAVATHI Vs. STATE OF RAJASTHAN
The applicability of a statute to the crown was operative in ancient days where monarchy was in
practice. But now, in democracies this concept does not apply.
RETROSPECTIVE EFFECT OF STATUTE IN RELATION TO INTERPRETATION

Every Act has a date from where it starts functioning called as the commencement clause. The
commencement of an act means the day on which the Act comes into force. Generally a central
Act comes into operation on the day it receives presidential Assent. A state Act comes into force
on the day when the assent of the governor. There are two types of Operation of statutes. One
is Prospective and remaining is Retrospective operation.
1. PROSPECTIVE OPERATION: Prospective application means that an act starts its validity from
the date of its coming into force. It will apply for all present and future events until and unless
it is repealed. The General rule is that a Statute when enacted has a prospective application
i.e. it applies to the future.
2. RETROSPECTIVE OPERATION: Retrospective means past. Retrospective application means
an act which applies to past events and also to present events. All statutes are prospective in
application but not all statutes have retrospective application. It is always understood that a
statute applies to facts or circumstances which occur after the existences of the statute
unless the legislature intends to apply it retrospectively.
POWER TO MAKE RETROSPECTIVE LAWS: Power is vested with the union parliament and state
legislatures. These two have the powers to legislate a statute to the retrospectively and
prospectively. Statutes dealing with Substantive Rights cannot be applied retrospectively.
STATUTES DEALING WITH SUBSTANTIVE RIGHTS STATUTES: Statutes dealing with Substantive
Rights which deal with right-inexistence cannot be applied retrospectively Eg: life, liberty and
happiness. The rule against retrospective application lies only with respect to procedural
rights.
RECENT STATEMENTS OF THE RULE AGAINST RETROSPECTIVELY: Unless the parliament clearly
indicates retrospective aspect, a statute/ a provision cannot be presumed as retrospective in
nature. The intention of the legislature is very important.
DOCTRINE OF TERRITORIAL NEXUS TERRITORIAL NEXUS AND THE PARLIAMENT

Article 245 (2) of the Constitution of India makes it amply clear that ‘No law made by
Parliament shall be deemed to be invalid on the ground that it would have extraterritorial
operation’. Thus legislation cannot be questioned on the ground that it has extra-territorial
operation. It is well-established that the Courts of our country must enforce the law with the
machinery available to them; and they are not entitled to question the authority of the
Legislature in making a law which is extra-territorial. Extra-territorial operation does not
invalidate a law. But some nexus with India may still be necessary in some of the cases such
as those involving taxation statutes.
TERRITORIAL NEXUS AND THE STATE LEGISLATURE: The Legislature of a State may make laws
for the whole or any part of the State. Now, this leaves it open to scrutiny whether a particular
law is really within the competence of the State Legislature enacting it. There are many
cases that have stated that the laws which a state is empowered to make must be for the
purpose of that State.
EXTRA-TERRITORIAL OPERATION: It is well-established that the Parliament is empowered to
make laws with respect to aspects or causes that occur, arise or exist, or maybe expected to
do so, within the territory of India and also with respect to extra-territorial aspects or causes
that have an impact or nexus with India. “Such laws would fall within the meaning and ambit
of grant of powers of Parliament to make laws ‘for the whole or any part of the territory of
India’ and they may not be invalidated on the ground that they require extra territorial
operation. This clearly indicates that as long as the law enacted by the Parliament has a
nexus with India, even if such laws require extra territorial operation, the laws so enacted
cannot be said to constitutionally invalid.
EXPLAIN THE PRINCIPLES RELATING TO INTERPRETATION OF THE CONSTITUTION
The following are some of the key principles applied specially in interpreting the provisions of
the constitution.
1. DOCTRINE OF PITH AND SUBSTANCE: The doctrine of pith and substance relates to finding out
the true nature of a statute. This doctrine is widely used when deciding whether a State is
within its rights to create a statute or not. The basic idea behind this principle is that an act or
a provision created by the State is valid if the true nature of the act or the provision is about a
subject that falls in the State list. The case of STATE OF MAHARASHTRA Vs. F N BALSARA ,
illustrates this principle very nicely. In this case, the State of Maharashtra passed Bombay
Prohibition Act that prohibited the sale and storage of liquor. This affected the business of the
appellant who used to import liquor. He challenged the act on the ground that import and
export are the subjects that belong in Union list and state is incapable of making any laws
regarding it. SC rejected this argument and held that the true nature of the act is prohibition
of alcohol in the state and this subject belongs to the State list. The court looks at the true
character and nature of the act having regard to the purpose, scope, objective, and the
effects of its provisions. Therefore, the fact that the act superficially touches on import of
alcohol does not make it invalid.
2. DOCTRINE OF COLOURABLE LEGISLATION: This doctrine is based on the principle that what
cannot be done directly cannot be done indirectly. In other words, if the constitution does not
permit certain provision of legislation, any provision that has the same effect but in a
roundabout manner is also unconstitutional. This doctrine is found on the wider doctrine of
"fraud on the constitution".
3. DOCTRINE OF ECLIPSE: The doctrine of eclipse is based on principle that a law which violates
Fundamental Rights is not nullity, but becomes unenforceable. It is over shadowed by the
fundamental rights, but it is not dead. Such laws are not wiped out entirely. All transactions
based on the laws before its invalidation are valid. Those laws affectively work on non-
citizens.
4. DOCTRINE OF OCCUPIED FIELD: In the last post, we discussed the doctrine of Pith and
Substance according to which where the question arises of determining whether a particular
law relates to a particular subject (mentioned in one list of another), the court looks into the
substance of the matter. There is a very thin of line of difference between doctrine of
Repugnancy and Doctrine of Occupied Field. As we know that repugnance arises only if
there is an actual conflict between two legislations, one enacted by the State Legislature and
the other by Parliament, both of which were competent to do so. On the other hand, doctrine
of Occupied Field simply refers to those legislative entries of State List, which are expressly
made ‘subject’ to a corresponding Entry in either the Union List or the Concurrent List. Under
Article 254, as soon as a Union law receives assent of the President, it is said to be ‘a law
made by the Parliament’. Actual commencement of the law is not important for the purpose
of attracting doctrine of Occupied Field.
5. REPUGNANCY: It means contrary. If State and Central made legislation on one subject in
concurrent list, which they are contrary one and each other, then central legislation prevails.
CONDITIONS:
 Both central and State enact on same subject in concurrent list.
 Both are contrary to each other.
 If legislation is on different field this doctrine not applies.
PARLIAMENT POWER TO LEGISLATE ON STATE SUBJECTS:
 In the interest of Nation.
 During emergency.
 Consent of States.
 Effect of international treaties.
 Failure of constitutional machinery in state.
OLD QUESTION PAPERS – ACHARYA NAGARJUNA UNIVERSITY
APRIL/MAY 2010
4 MARKS:
1. Preamble
2. NOSCITUS ASOCIIS
3. Temporary statute.
4. Statutes in PARI MATERIA
5. Referential Legislation
6. Doctrine of Judicial review
7. Difference between interpretation and construction.
8. Mensrea in statutory offences.
9. Non-obstante clause
10. REDDENDO SINGULA SINGULIS
18 MARKS:
1. With the help of decided cases examine the question as to whether a state is bound by a
statute or not in India.
2. Examine with decided cases the role of directive principles of state policy in the interpretation
of the Indian Constitution.
3. Write a brief note on Presumption against exceeding territorial powers refer to decided cases.
4. Analyze the principles of interpretation of remedial and penal statutes.
20 MARKS:
1. In a legislative assembly certain portions of the speech of the members of the legislative
assembly was expunged by the speaker acting under the authority of Act 194 of the Indian
Constitution but, X a newspaper published the expunged portion of the speech despite
speaker’s order to the contrary and argued that the newspaper has a vigor under article 19(1)
(A) to do so. Resolve the controversy in the light of the principles of interpretation of statutes.
2. The chief Justice of a High Court X refused an election dispute to a judge of high court
appointed under article 224-A of the Indian Constitution. A party to the dispute made an
application to the Chief Justice of the High Court requesting him that the election dispute
should be referred to a permanent judge of the High Court and not to a judge appointed
under Article 224-A of the Constitution. Decide the case by applying the relevant principles
or interpretation of statutes.
3. Under a Temple Entry authorization law enacted under Article 25 (2) (b) of the Constitution
State ‘A’ passed an order to keep open all Hindu religion temples of public character to all the
sections of Hindus for worship much enabled the untouchables to enter into the temple for
worship. A Hindu priest contested this order of state ‘A’ arguing that his temple is a
denominational temple and they have a right to manage their own affairs in matter of religion,
including whom to allow and whom not to allow in to the temple for worship by virtue of article
26 (b) of the Constitution and state ‘A’ has no business in this regard. Resolve the dispute by
applying the relevant principles of interpretation of statutes.
4. A state law was prohibited the use of sound amplifiers in the interrupt of public health and
sanitation. This law was contested before the court by the petitioner and the ground that the
state legislative has no legislative capacity to enact such a law as the subject matter of this
law falls in “posts and telegraphs, telephones, wireless broadcasting and other like farms of
communication and when the union parliament has law making powers by virtue of entry 31
of List I. Resolve the dispute with the help of relevant principles of interpretation of statues
and decided cases.
APRIL/MAY 2011
4 MARKS:
1. Mandatory and Directory
2. Ejusdem Generis
3. The rule of last antecedent
4. Repeal
5. Vicarious responsibility in statutory offences
6. Interpretation of Taxing Statutes
7. Retrospective operation of statute.
8. Illustrations
9. The Doctrine of pith and substance
10. Residuary powers
18 MARKS:
1. Explain the rule of literal construction of statutes with the help of decided cases
2. Briefly explain the external aids to the construction of statutes.
3. Examine in detail the rule of Harmonious construction. Refer to decided cases.
4. Write a brief note on Mischief Rule of Interpretation. Refer to decided cases.
20 MARKS:
1. A land reform law in the state X provides that the tenet of a land lord can acquire the rights,
title and interest of the land lord in the land of tenancy held by him on payment of
compensation as per the statute. A tenant who is a possession of land belonging to X state
wanted to acquire the rights, title and interest in the land which he is holding under tenancy
by paying compensation as per the statute. State X argued that his land return law applies to
the private individuals and not to the state. Decide.
2. Municipal employees raised a dispute and requested the appropriate government to refer the
dispute to the dispute settlement authorities under the Industrial dispute act 1947. The
appropriate government refused to refer the dispute by saying that industrial disputes act
1947 will not apply to municipalities and hence, disputes of municipal employees cannot be
called as industrial disputes within the meaning of the Industrial disputes act 1947. Decide.
3. The Maternity Benefit Act 1961 permits 12 weeks maternity leave on full pay for a women
employee. ABC Company granted 72 days maternity leave excluding Sundays, to Mr.
Radha, a women employee. Radha argued that she is entitled to get 84 days maternity leave
including Sundays. Decide.
4. A provision in the Municipal Corporation Act exempts Lands and Buildings vested in the
corporation from the imposition of property tax. Another provision of the same statute
provides that property tax shall be leviable primarily from the occupies if he holds the
premises directly from the corporation. The corporation imposed property tax on Mr. Vijay
who is in possession of a house belonging to the corporation under hire-purchase
agreement, although he is not the owner of the property in the legal sense. Wherever Mr.
Vijay has to pay the property tax or not? Decide.
APRIL 2012
4 MARKS:
3. Doctrine of Judicial Review
4. Temporary Statute
5. Doctrine of Severability
6. Noscitur A socis
7. Casus omissus
8. Judical Activism vs. Judicial Restraint
9. Definition section or interpretation clause
10. Doctrine of Occupied field.
18 MARKS:
1. “The statute must be read as a whole in its context”. Examine the statement with decided
cases.
2. With the help of decided cases examine the role of Directive Principles in the interpretation of
the Constitution
3. Write a note on presumptions against extra territorial operation of law
4. “The primary function of the court is to promote the Intention of the legislature. Examine the
statement with decided cases.
20 MARKS:
1. The management of certain secondary schools was taken over by the State. X, the appellant
who was the head master in one of the schools holding qualification of B.A.B.T was denied
the post of principal on the ground that he did not hold a post graduate degree as required by
the Government rules for promotion as principal, as B.T (Bachelor of Teaching) is not a PG
degree. X argued that B.T qualification was to be acquired after graduation and hence it is a
post graduate degree. Decide with the help of appropriate principle of interpretation.
2. Under the street Offences Act soliciting of business by the prostitutes on the public streets is
prohibited. Some of the prostitutes who were soliciting the business by standing in the
balconies and verandas of a building were sought to be prosecuted for violation of the act.
The prostitutes argued that their activity will not come under the act as they were not
soliciting the business on the streets. Decide citing appropriate case law.
3. Punjab Trade Employees Act provided that shops and establishment covered under this Act
shall remain closed one day in a week. X was sought to be prosecuted for violating this Act.
X argued that he was the owner of the shop and hence he did not require weekly-off for him
as it is his own business.-Decide.
4. The AP Schedules Area Land Transfer Regulations prohibited any person to transfer land in
the schedules Area to non tribals. The state government wants to transfer the government
land in the Schedules Area to non-tribals arguing that the words any person mentioned in the
regulations include human beings/ natural persons only and not the state government as the
state is not bound by a statute- decide.
APRIL 2013
4 MARKS:
1. Doctrine of Waiver
2. Repeal
3. Illustrations
4. Ejusdem Generis
5. Juristic Activism
6. Doctrine of stare decisis
7. Schedules
8. Use of foreign decisions
9. Golden rule of interpretation
10. Doctrine of Prospective Overruling
18 MARKS:
1. Write a note on Remedial and Penal Statutes refer to decided cases
2. With the help of decided cases explain the role of Mensrea in Statutory offences.
3. With the help of decided cases explain Mischief Rule or purposive construction.
4. Write a note on presumptions against violation of International law.
20 MARKS:
1. X, a newspaper, published an expunged portion of legislative proceedings in a Legislative
Assembly. The privilege committee of the Assembly imposed 6 months imprisonment on the
Publisher of X newspaper for contempt of House and for breach of the privilege of the house.
X challenged the decision on the basis of Article 19 (1) (a). Privilege committee grounded its
argument on article 194- decide.
2. An election petition was referred to a retired judge of a High Court appointed under article
224-A. An objection was raised by on the parties to the election arguing that election
petitions must be referred to the permanent judges of High Court and not to the retired judges
appointed under article 224-A. Decide.
3. Under the Bombay Land Acquisition Act 1948 a state government acquired land for a Foreign
Consulate. The land owner objected this on the ground that Foreign Affairs was not the
function of the state government. But the state government argued that under the act the
state government can acquire the land for the purpose of the state or any other public
purpose. Decide.
4. Under the Sales Tax Act, a state government imposed sales tax on the sale of carbon paper
under the guise of paper. The carbon paper company argued that state government has no
power to impose sales tax on the sale of carbon paper as the government notification
mentioned paper only and paper does not include carbon paper- Decide.
APRIL 2014
2 MARKS:
1. Casus omisus
3. Interpretation of taxing statute
4. Marginal notes
5. Judicial restraint
6. Proviso
7. Explanation
8. Referential legislation
9. Doctrine of occupied filed
14 MARKS:
1. With the help of decided cases examine the difference between Noscitur asocis and Jusdem
generis.
2. Write a note on retrospectives effect of statutes in relation to principle of interpretation of
statutes.
3. Examine the role of directive principles of state policy in the interpretation of the Indian
Constitution
4. Examine the law laid down by the Supreme Court under its advisory jurisdiction.
15 MARKS:
1. A factory owner was granted 72days maternity leave to a woman employee calculating 6
days per week including Sundays. She contended that she is entitled for 84 days leave at
the rate of 7 days per week and not 6 days per week of per the provision of the maternity
benefit act 1961. Decide.
2. X a book stall owner was brought to be prosecuted for he was in possession of a book
banned by the government. He challenged the prosecution on the ground that he has no
intention of selling bounded book and hence he was not committed any offence. Decide.
3. X an advocate of the Supreme Court is prevented from appearing before a high court on the
ground that Supreme Court advocates cannot practice before the high courts. X argued that
the Right to practice within the meaning of the Supreme Court advocates (practice in high
court) act 1951 includes both “acting and pleading” on behalf of a litigation party-decide.
4. Employees working in a printing press of a central university demanded for provident fund
benefit. The central university rejected the demand alleging that central university is not a
factory and hence it is not an establishment within the meaning of the provident fund
(Miscellaneous provisions) Act 1952 –decide.
APRIL 2015
2 MARKS:
1. Cowtemporanea exposito
2. Teusovargy statute
3. Vicarious Liability
4. Headings
5. Exceptions
6. Legal fiction
7. Dictionaries
8. Doctrine of Eclipse
10. Mensrea in statutory offences
14 MARKS:
1. Critically analyze “The Beneficial rule of construction” as principle of interpretation of statutes.
2. Write a note on “Mischief Rule” of purposive construction”.
3. With the help of decided cases explain the maxim “UTRES MAGISVALEAT QUAM PEREAT”
4. Write a note on presumption against violation of International law.
15 MARKS:
1. Under UP Sales Tax Act the state government imposed sales tax on the sales turnover of
carbon paper manufactured by a company, treating that paper appearing in the U.P.
Notification includes carbon paper. The company argued that the word paper does not
include carbon paper. Decide
2. Under the Bihar sales tax act “Green vegetables” are exempted from sales tax. A sugarcane
grower claimed exception under the category arguing that sugarcane leaf is also green in
color. Decide.
3. Under the UP Bhoodan Agna Act 1953, state government had power to allot surplus land to
land less persons. Some of the gold merchants to the city requested the State Government
to allot surplus land to them also as they have no land- decide.
4. Punjab trade Employees Act received every owner of a shop to close the shop on a weekly
holiday. An owner of a shop contested this arguing that, he need not observe weekly holiday
as he is the owner cum employee in his shop-decide.
APRIL 2016
2 MARKS:
1. Casus Omissus
2. Judicial Activism
3. Non-obstaute clause
4. Reddendo singular singulis
5. Repeal
6. Marginal notes
7. Explanation
9. Doctrine of waiver
14 MARKS:
1. “The duty of the court is to promote the intention of the legislature”- Explain
2. Analyse the principles of interpretation of remedial and penal statutes.
3. Examine the rules of interpretation of “Definition Section” or Interpretation Clause”.
4. With the help of decided cases explain the doctrine of immunity or instrumentalities.
15 MARKS:
1. Legislature ‘X’ expunged a portion of its proceedings from publication. ‘Z’ a newspaper
published this expunged portion. Ehen editor of ‘Z’ newspaper was sought to be prosecuted
for breach or privilege of the legislature for violation of Article 194 of the constitution, editor of
‘Z’ newspaper challenged this prosecution as violative of Article 19 (1) (a) of the constitution
– Decide.
2. Section 202 of the Hyderabad Municipal Corporation Act 1955 exempts “lands and buildings”
vested in the corporation from property tax. Section 204 provides that property tax shall be
leviable primarily from the occupies if he holds the premises directly from the corporation.
‘X’, an allottee of a house under hire-purchase agreement by the corporation, refused to pay
the property tax arguing that the title of the house in with the corporation and not with him –
Decide.
3. An electro petition of ‘X’ was referred to a judge appointed under Article 224-A. ‘X’ argued
that his petition must be referred to the permanent judge of the high court appointed under
article 217 and not to a judge appointed under Article 224-A, under which retired high court
judges are appointed and allowed to sit on the bench for deciding cases – Decide.
4. Under the Bombay Land Acquisition Act 1948, the state of Bombay acquired private lands for
constructing a ‘foreign consulate’, as the state government has power under this law to
acquire private lands ‘for the purpose of the state’ or for ‘any other purpose’. The land owner
challenged this acquisition as illegal or giving that the construction of ‘foreign consulate’ is
not the function of the state government and it the duty of the central government – Decide.
APRIL 2017
2 MARKS:
1. Tautotolgy
2. Golden rule of Interpretation
3. Conjunctive of Disjunctive
4. The rule of lost antecedent
5. Preamble
6. Illustrations
7. Schedules
8. The doctrine of stare decisis
9. Statutes in Pari Materia
10. Doctrine of prospective over ruling.
14 MARKS:
1. Explain the principles “The statute must be read as a whole in its context (EXVICERIBUS
ACTUS)”.
2. Analyse the difference between “NOSCITUR ASSOCIS and EJUSDEM GENERIS”.
3. Examine the rules of interpretation of laws having retrospective operation.
4. Analyze the contribution of the supreme court under its advisory jurisdiction under article
143 of the Constitution.
15 MARKS:
1. Article 25 (2) (b) of the constitution empowers the state to enact a law to throw open all the
Hindu Religious temples of public character to all the section of Hindus for worship. A law
enacted under this power was challenged before the court on the ground that it is violative of
article 26 (b) which verts in a religious denomination ‘the right to manage it own affairs in
matter of religions’ – decide.
2. A government rule stated that for promotion as Head Master in a school a candidate must
have P.G. qualification. ‘X’ having in possession of B.A.B.T., (Bachelor of training) applied
for Head Master post. ‘X’ was denied the post on the ground that B.T. is not a P.G. Degree.
‘X’ argued that he studied B.T. after B.A. and hence it is a post graduate degree – decide.
3. Employees employed in a Time office of a factory argued that they must be given benefits
on pan with the regular employees of the factory working in the manufacturing departments,
as they are also ‘worker’ within the working of the factories act 1948. The management
refused their demand saying that they are not ‘workman’ within the working of the factories
act 1948. – decide.
4. ‘X’ was sought to be prosecuted for selling adulterated milk. ‘X’ argued that he did not have
the intention to do so as he is selling the milk in the shop owned by his employer and the
milk supplied by his employer and hence he is not liable for adulteration of milk – decide.
APRIL 2018
2 MARKS:
1. Golden Rule of Interpretation.
3. Temporary Statute.
4. Vicarious responsibility in statutory Offences
5. Illustrations
6. Dictionaries
7. Statutes in Pari Matenia
8. Supreme Court not bound by its own decisions.
9. Constituent Assembly Debates
10. Residuary power.
14 MARKS:
1. Examine the difference between “ NOSCITUR ASOCIIS” and “EJUSDEM GENERIS”. Refer
to decided cases.
2. Critically analyse the role of Mensrea in statutory offences.
3. Write an analytical note on Presumptions against exceeding Constitutional powers.
4. Refering to decided cases explain the scope of the Beneficial Rule of constructions.
15 MARKS:
1. ‘X’, state law provides that the tenant of a Land Law acquire the rights, title and interest of the
land owner in the land of tenary used by him on payment of compensation as per statute.
The ‘X’ state argued that this law will not apply to the State of land owner- decide.
2. State ‘A’ enacted a law restricting the use of sound amplifiers. This law was challenged in
the court on the ground that “posts, telegraphs, telephones, wireless broadcasting and other
like forms of communication” is mentioned in the Union List, state ‘A’ argued that this law falls
in “Public Health and Sanitation when is included in the state list”.-decide.
3. ‘A’ put his hand in the pocket of Z by stealing. A could not do because Z is pocket was empty.
A was sought to be prosecuted for attempt to commit an offence. A argued that he was not
committed any offence – decide.
4. Bihar Sales Tax Act excepted “green vegetables” from sales tax. A, a betel leaf grower
claimed exemption from betel leaves as they are also green in colour.- decide.
APRIL 2019
2 MARKS:
1. Tautology
2. The rule of Last Anticident
3. Contemporanea Exposito
4. Preamble
5. Schedule
6. Doctrine of state Decisis
7. Repugnancy
10. Doctrine of Prospective Over –ruling
14 MARKS:
1. With the help of decided cases explain the scope of Mischief Rule or Purposive
Construction.
2. “The language of the Statue should be read as it is”,- Examine the statement.
3. Critically analyse the principle of territorial nexus in the context of presumption against
exceeding territorial powers.
4. Analyse the Rules of Interpretation of Statutes having retrospective operation.
15 MARKS:
1. Rajasthan Nathdwara Temple Act, 1959 empowers the State to regulate the ‘affairs of the
temple. Under this plan the government has vested the management of the temple in a
committee appointed by the state. This decision was challenged before the court as of
violative of Article 26 of the Constitution. Decide.
2. The Union Parliament enacted the Wealth Tax Act, 1957. This law was challenged on the
ground that he parliament has no legislative competency to enact such law on “Wealth Tax”
is not included in any of the taxing entries mentioned in the Union List. Decide
3. ‘X’ a Book shop owner was sought to be prosecuted on the allegation of possessing an
obscene book prohibited by the government. ’X’ argued that neither he is aware of the
contents of the book nor he has the intention to sell the obscene book and hence he has not
committed any offence as defined in section 292 of IPC. Decide.
4. The Punjab General Sales tax empowers the Government to impose sales tax on
“Cosmetics, Perfumery, toilet goods, including tooth paste, tooth powder, kum-kum and
soap”. Under this, power the Government imposed tax on “DHOOP’ and ‘AGARBATTIS’.
This imposition of tax was challenged as illegal. Decide.
INTERPRETATION OF STATUTES – PAPER II
OLD QUESTION PAPERS 2010 to 2018 – 2 MARKS
1. Casus omissus
2. Casus omissus
3. Casus omissus
6. Constituent Assembly Debates
7. Cowtemporanea exposito
8. Definition section or interpretation clause
9. Dictionaries
10. Dictionaries
11. Difference between interpretation and construction.
15. Doctrine of occupied field.
16. Doctrine of occupied filed
17. Doctrine of prospective over ruling.
18. Doctrine of Prospective Overruling
19. Doctrine of Severability
20. Doctrine of stare Decisis
23. Ejusdem Generis
24. Ejusdem Generis
25. Exceptions
26. Explanation
27. Explanation
28. Golden rule of interpretation
29. Golden rule of Interpretation
30. Golden Rule of Interpretation.
31. Headings
32. Illustrations
33. Illustrations
34. Illustrations
35. Illustrations
36. Interpretation of taxing statute
37. Interpretation of Taxing Statutes
39. Judicial Activism vs. Judicial Restraint
40. Judicial restraint
41. Juristic Activism
42. Legal fiction
45. Marginal notes
46. Marginal notes
47. Mensrea in statutory offences
54. Noscitur Associs
55. Noscitur Associs
56. Preamble
57. Preamble
58. Proviso
65. Repeal
66. Repeal
67. Repeal
68. Residuary power.
69. Residuary powers
70. Retrospective operation of statute.
71. Schedules
72. Schedules
73. Statutes in Pari Matenia
74. Statutes in pari materia
75. Statutes in Pari Materia
76. Supreme Court not bound by its own decisions.
77. Tautotolgy
78. Temporary statute
79. Temporary statute
80. Temporary statute.
81. Temporary Statute.
82. The Doctrine of pith and substance
83. The doctrine of stare decisis
84. The rule of last antecedent
85. The rule of lost antecedent
88. Vicarious Liability
89. Vicarious responsibility in statutory offences
90. Vicarious responsibility in statutory Offences

OLD QUESTION PAPERS 2010 to 2019 – 14 MARKS QUESTIONS
1. With the help of decided cases examine the question as to whether a state is bound by a
statute or not in India.
2. Examine with decided cases the role of directive principles of state policy in the
interpretation of the Indian Constitution.
3. Write a brief note on Presumption against exceeding territorial powers refer to decided
cases.
5. Explain the rule of literal construction of statutes with the help of decided cases
6. Briefly explain the external aids to the construction of statutes.
7. Examine in detail the rule of Harmonious construction. Refer to decided cases.
8. Write a brief note on Mischief Rule of Interpretation. Refer to decided cases.
9. “The statute must be read as a whole in its context”. Examine the statement with decided
cases.
10. With the help of decided cases examine the role of Directive Principles in the interpretation
of the Constitution
11. Write a note on presumptions against extra territorial operation of law
12. “The primary function of the court is to promote the Intention of the legislature. Examine the
statement with decided cases.
13. Write a note on Remedial and Penal Statutes refer to decided cases
14. With the help of decided cases explain the role of Mensrea in Statutory offences.
15. With the help of decided cases explain Mischief Rule or purposive construction.
16. Write a note on presumptions against violation of International law.
17. With the help of decided cases examine the difference between Noscitur Associs and
Ejusdem generis.
18. Write a note on retrospectives effect of statutes in relation to principle of interpretation of
statutes.
19. Examine the role of directive principles of state policy in the interpretation of the Indian
Constitution
20. Examine the law laid down by the Supreme Court under its advisory jurisdiction.
21. Critically analyze “The Beneficial rule of construction” as principle of interpretation of

statutes.
22. Write a note on “Mischief Rule” of purposive construction”.
23. With the help of decided cases explain the maxim “UTRES MAGISVALEAT QUAM
PEREAT”
24. Write a note on presumption against violation of International law.
25. “The duty of the court is to promote the intention of the legislature”- Explain
27. Examine the rules of interpretation of “Definition Section” or Interpretation Clause”.
28. With the help of decided cases explain the doctrine of immunity or instrumentalities.
29. Explain the principles “The statute must be read as a whole in its context (EXVICERIBUS
ACTUS)”.
30. Analyse the difference between “NOSCITUR ASSOCIS and EJUSDEM GENERIS”.
31. Examine the rules of interpretation of laws having retrospective operation.
32. Analyze the contribution of the supreme court under its advisory jurisdiction under article
143 of the Constitution.
33. Examine the difference between “ NOSCITUR ASOCIIS” and “EJUSDEM GENERIS”.
Refer to decided cases.
34. Critically analyse the role of Mensrea in statutory offences.
35. Write an analytical note on Presumptions against exceeding Constitutional powers.
36. Refering to decided cases explain the scope of the Beneficial Rule of constructions.

OLD QUESTION PAPERS 2010 to 2019 – 15 MARKS CASE LAWS
1. In a legislative assembly certain portions of the speech of the members of the legislative
assembly was expunged by the speaker acting under the authority of Act 194 of the Indian
Constitution but, X a newspaper published the expunged portion of the speech despite
speaker’s order to the contrary and argued that the newspaper has a vigor under article
19(1)(A) to do so. Resolve the controversy in the light of the principles of interpretation of
statutes.
2. The chief Justice of a High Court X refused an election dispute to a judge of high court
appointed under article 224-A of the Indian Constitution. A party to the dispute made an
application to the Chief Justice of the High Court requesting him that the election dispute
should be referred to a permanent judge of the High Court and not to a judge appointed
under Article 224-A of the Constitution. Decide the case by applying the relevant principles
or interpretation of statutes.
3. Under a Temple Entry authorization law enacted under Article 25 (2) (b) of the Constitution
State ‘A’ passed an order to keep open all Hindu religion temples of public character to all
the sections of Hindus for worship much enabled the untouchables to enter into the temple
for worship. A Hindu priest contested this order of state ‘A’ arguing that his temple is a
denominational temple and they have a right to manage their own affairs in matter of
religion, including whom to allow and whom not to allow in to the temple for worship by
virtue of article 26 (b) of the Constitution and state ‘A’ has no business in this regard.
Resolve the dispute by applying the relevant principles of interpretation of statutes.
4. A state law was prohibited the use of sound amplifiers in the interrupt of public health and
sanitation. This law was contested before the court by the petitioner and the ground that
the state legislative has no legislative capacity to enact such a law as the subject matter of
this law falls in “posts and telegraphs, telephones, wireless broadcasting and other like
farms of communication and when the union parliament has law making powers by virtue of
entry 31 of List I. Resolve the dispute with the help of relevant principles of interpretation of
statues and decided cases.
5. A land reform law in the state X provides that the tenet of a land lord can acquire the rights,
title and interest of the land lord in the land of tenancy held by him on payment of
compensation as per the statute. A tenant who is a possession of land belonging to X state
wanted to acquire the rights, title and interest in the land which he is holding under tenancy
by paying compensation as per the statute. State X argued that his land return law applies
to the private individuals and not to the state. Decide.
6. Municipal employees raised a dispute and requested the appropriate government to refer
the dispute to the dispute settlement authorities under the Industrial dispute act 1947. The
appropriate government refused to refer the dispute by saying that industrial disputes act
1947 will not apply to municipalities and hence, disputes of municipal employees cannot be
called as industrial disputes within the meaning of the Industrial disputes act 1947. Decide.
7. The Maternity Benefit Act 1961 permits 12 weeks maternity leave on full pay for a women
employee. ABC Company granted 72 days maternity leave excluding Sundays, to Mr.
Radha, a women employee. Radha argued that she is entitled to get 84 days maternity
leave including Sundays. Decide.
8. A provision in the Municipal Corporation Act exempts Lands and Buildings vested in the
corporation from the imposition of property tax. Another provision of the same statute
provides that property tax shall be leviable primarily from the occupies if he holds the
premises directly from the corporation. The corporation imposed property tax on Mr. Vijay
who is in possession of a house belonging to the corporation under hire-purchase
agreement, although he is not the owner of the property in the legal sense. Wherever Mr.
Vijay has to pay the property tax or not? Decide.
9. The management of certain secondary schools was taken over by the State. X, the
appellant who was the head master in one of the schools holding qualification of B.A.B.T
was denied the post of principal on the ground that he did not hold a post graduate degree
as required by the Government rules for promotion as principal, as B.T (Bachelor of
Teaching) is not a PG degree. X argued that B.T qualification was to be acquired after
graduation and hence it is a post graduate degree. Decide with the help of appropriate
principle of interpretation.
10. Under the street Offences Act soliciting of business by the prostitutes on the public streets
is prohibited. Some of the prostitutes who were soliciting the business by standing in the
balconies and verandas of a building were sought to be prosecuted for violation of the act.
The prostitutes argued that their activity will not come under the act as they were not
soliciting the business on the streets. Decide citing appropriate case law.
11. Punjab Trade Employees Act provided that shops and establishment covered under this Act
shall remain closed one day in a week. X was sought to be prosecuted for violating this Act.
X argued that he was the owner of the shop and hence he did not require weekly-off for him
as it is his own business.-Decide.
12. The AP Schedules Area Land Transfer Regulations prohibited any person to transfer land
in the schedules Area to non tribals. The state government wants to transfer the
government land in the Schedules Area to non-tribals arguing that the words any person
mentioned in the regulations include human beings/ natural persons only and not the state
government as the state is not bound by a statute- decide.
13. X, a newspaper, published an expunged portion of legislative proceedings in a Legislative
Assembly. The privilege committee of the Assembly imposed 6 months imprisonment on
the Publisher of X newspaper for contempt of House and for breach of the privilege of the
house. X challenged the decision on the basis of Article 19 (1) (a). Privilege committee
grounded its argument on article 194- decide.
14. An election petition was referred to a retired judge of a High Court appointed under article
224-A. An objection was raised by on the parties to the election arguing that election
petitions must be referred to the permanent judges of High Court and not to the retired
judges appointed under article 224-A. Decide.
15. Under the Bombay Land Acquisition Act 1948 a state government acquired land for a
Foreign Consulate. The land owner objected this on the ground that Foreign Affairs was
not the function of the state government. But the state government argued that under the
act the state government can acquire the land for the purpose of the state or any other
public purpose. Decide.
16. Under the Sales Tax Act, a state government imposed sales tax on the sale of carbon
paper under the guise of paper. The carbon paper company argued that state government
has no power to impose sales tax on the sale of carbon paper as the government
notification mentioned paper only and paper does not include carbon paper- Decide.
17. A factory owner was granted 72days maternity leave to a woman employee calculating 6
days per week including Sundays. She contended that she is entitled for 84 days leave at
the rate of 7 days per week and not 6 days per week of per the provision of the maternity
benefit act 1961. Decide.
18. X a book stall owner was brought to be prosecuted for he was in possession of a book
banned by the government. He challenged the prosecution on the ground that he has no
intention of selling bounded book and hence he was not committed any offence. Decide.
19. X an advocate of the Supreme Court is prevented from appearing before a high court on the
ground that Supreme Court advocates cannot practice before the high courts. X argued
that the Right to practice within the meaning of the Supreme Court advocates (practice in
high court) act 1951 includes both “acting and pleading” on behalf of a litigation party-
decide.
20. Employees working in a printing press of a central university demanded for provident fund
benefit. The central university rejected the demand alleging that central university is not a
factory and hence it is not an establishment within the meaning of the provident fund
(Miscellaneous provisions) Act 1952 –decide.
21. Under UP Sales Tax Act the state government imposed sales tax on the sales turnover of
carbon paper manufactured by a company, treating that paper appearing in the U.P.
Notification includes carbon paper. The company argued that the word paper does not
include carbon paper. Decide
22. Under the Bihar sales tax act “Green vegetables” are exempted from sales tax. A
sugarcane grower claimed exception under the category arguing that sugarcane leaf is also
green in color. Decide.
23. Under the UP Bhoodan Agna Act 1953, state government had power to allot surplus land to
land less persons. Some of the gold merchants to the city requested the State Government
to allot surplus land to them also as they have no land- decide.
24. Punjab trade Employees Act received every owner of a shop to close the shop on a weekly
holiday. An owner of a shop contested this arguing that, he need not observe weekly
holiday as he is the owner cum employee in his shop-decide.
25. Legislature ‘X’ expunged a portion of its proceedings from publication. ‘Z’ a newspaper
published this expunged portion. Ehen editor of ‘Z’ newspaper was sought to be
prosecuted for breach or privilege of the legislature for violation of Article 194 of the
constitution, editor of ‘Z’ newspaper challenged this prosecution as violative of Article 19 (1)
(a) of the constitution – Decide.
26. Section 202 of the Hyderabad Municipal Corporation Act 1955 exempts “lands and
buildings” vested in the corporation from property tax. Section 204 provides that property
tax shall be leviable primarily from the occupies if he holds the premises directly from the
corporation. ‘X’, an allottee of a house under hire-purchase agreement by the corporation,
refused to pay the property tax arguing that the title of the house in with the corporation and
not with him – Decide.
27. An electro petition of ‘X’ was referred to a judge appointed under Article 224-A. ‘X’ argued
that his petition must be referred to the permanent judge of the high court appointed under
article 217 and not to a judge appointed under Article 224-A, under which retired high court
judges are appointed and allowed to sit on the bench for deciding cases – Decide.
28. Under the Bombay Land Acquisition Act 1948, the state of Bombay acquired private lands
for constructing a ‘foreign consulate’, as the state government has power under this law to
acquire private lands ‘for the purpose of the state’ or for ‘any other purpose’. The land
owner challenged this acquisition as illegal or giving that the construction of ‘foreign
consulate’ is not the function of the state government and it the duty of the central
government – Decide.
29. Article 25 (2) (b) of the constitution empowers the state to enact a law to throw open all the
Hindu Religious temples of public character to all the section of Hindus for worship. A law
enacted under this power was challenged before the court on the ground that it is violative
of article 26 (b) which verts in a religious denomination ‘the right to manage it own affairs in
matter of religions’ – decide.
30. A government rule stated that for promotion as Head Master in a school a candidate must
have P.G. qualification. ‘X’ having in possession of B.A.B.T., (Bachelor of training) applied
for Head Master post. ‘X’ was denied the post on the ground that B.T. is not a P.G. Degree.
‘X’ argued that he studied B.T. after B.A. and hence it is a post graduate degree – decide.
31. Employees employed in a Time office of a factory argued that they must be given benefits
on pan with the regular employees of the factory working in the manufacturing departments,
as they are also ‘worker’ within the working of the factories act 1948. The management
refused their demand saying that they are not ‘workman’ within the working of the factories
act 1948. – decide.
32. ‘X’was sought to be prosecuted for selling adulterated milk. ‘X’ argued that he did not have
the intention to do so as he is selling the milk in the shop owned by his employer and the
milk supplied by his employer and hence he is not liable for adulteration of milk – decide.
33. ‘X’,state law provides that the tenant of a Land Law acquire the rights, title and interest of
the land owner in the land of tenary used by him on payment of compensation as per
statute. The ‘X’ state argued that this law will not apply to the State of land owner- decide.
34. State ‘A’ enacted a law restricting the use of sound amplifiers. This law was challenged in
the court on the ground that “posts, telegraphs, telephones, wireless broadcasting and
other like forms of communication” is mentioned in the Union List, state ‘A’ argued that this
law falls in “Public Health and Sanitation when is included in the state list”.-decide.
35. put his hand in the pocket of Z by stealing. A could not do because Z is pocket was
‘A’
empty. A was sought to be prosecuted for attempt to commit an offence. A argued that he
was not committed any offence – decide.
36. Bihar Sales Tax Act excepted “green vegetables” from sales tax. A, a betel leaf grower
claimed exemption from betel leaves as they are also green in colour.- decide.
37. Rajasthan Nathdwara Temple Act, 1959 empowers the State to regulate the ‘affairs of the
temple. Under this plan the government has vested the management of the temple in a
committee appointed by the state. This decision was challenged before the court as of
violative of Article 26 of the Constitution. Decide.
38. The Union Parliament enacted the Wealth Tax Act, 1957. This law was challenged on the
ground that he parliament has no legislative competency to enact such law on “Wealth Tax”
is not included in any of the taxing entries mentioned in the Union List. Decide
39. ‘X’a Book shop owner was sought to be prosecuted on the allegation of possessing an
obscene book prohibited by the government. ’X’ argued that neither he is aware of the
contents of the book nor he has the intention to sell the obscene book and hence he has
not committed any offence as defined in section 292 of IPC. Decide.
40. The Punjab General Sales tax empowers the Government to impose sales tax on
“Cosmetics, Perfumery, toilet goods, including tooth paste, tooth powder, kum-kum and
soap”. Under this, power the Government imposed tax on “DHOOP’ and ‘AGARBATTIS’.
This imposition of tax was challenged as illegal. Decide.

Interpretation of Statutes

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Interpretation of Statutes

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PAPER – VII INTERPRETATION OF STATUTES

UNIT II BENEFICIAL CONSTRUCTION AND RESTRICTIVE CONSTRUCTION:

UNIT III THEORETICAL OR IDEOLOGICAL APPROACHES TO INTERPRETATION:

UNIT IV PRESUMPTIONS REGARDING JURISDICTION:

UNIT V CONSTRUCTION TO AVOID COLLUSION WITH OTHER PROVISIONS, CONSTRUCTION

UNIT VI EXCEPTIONAL CONSTRUCTION:

UNIT VII SUBORDINATE PRINCIPLES:

UNIT VIII INTENTIONS ATTRIBUTED TO THE LEGISLATURE WHEN IT EXPRESSES NONE:

UNIT IX STARE DECISIS:

UNIT X STATUTORY INTERPRETATION AS ASPECTS OF JUDICIAL PROCESS:

UNIT XI CONSTRUCTIONAL INTERPRETATION:

2. GRAMMITICAL OR LITERAL CONSTRUCTION 3

3. GOLDEN RULE OF INTERPRETATION 5

4. HEYDONS RULE / MISCHIEF RULE 7

7. STATUTE MUST BE READ AS A WHOLE 13

8. STRICT CONSTRUCTION IN TAXING STATUTES 14

9. STRICT CONSTRUCTION IN PENAL STATUTES 16

10. STRICT CONSTRUCTION IN PENAL STATUTES – MENSREA 18

11. SUBSIDIARY RULES OF INTERPRETATION OF STATUTES 20

12. INTERNAL AIDS TO INTERPRETATION OR THE

13. EXTERNAL AIDS TO INTERPRETATION 24

15. PRESUMPTION AGAINST VIOLATION OF

16. PRESUMPTION AGAINST THE CHANGES

17. STARE DECISIS 30

18. DOCTRINE OF ECLIPSE & DOCTRINE OF SEVERABILITY 32

19. STATE BOUND BY STATUTE 33

20. RETROSPECTIVE EFFECT OF STATUTE IN RELATION

21. DOCTRINE OF TERRITORIAL NEXUS TERRITORIAL

22. EXPLAIN THE PRINCIPLES RELATING TO

23. OLD QUESTION PAPERS – ACHARYA

MEANING AND PURPOSE OF INTERPRETATION

HEYDONS RULE / MISCHIEF RULE

the contradictory provisions so as to harmonize them.

STRICT CONSTRUCTION IN PENAL STATUTES

STRICT CONSTRUCTION IN PENAL STATUTES - MENSREA

SUBSIDIARY RULES OF INTERPRETATION OF STATUTES

INTERNAL AIDS TO INTERPRETATION OR THE PARTS OF A STATUTE

EXTERNAL AIDS TO INTERPRETATION

Indira Gandhi vs. Raj Narayan. (Election case).

PRESUMPTION AGAINST VIOLATION OF INTERNATIONAL LAW

PRESUMPTION AGAINST THE CHANGES IN THE COMMON LAW

DOCTRINE OF ECLIPSE & DOCTRINE OF SEVERABILITY

STATE BOUND BY STATUTE

RETROSPECTIVE EFFECT OF STATUTE IN RELATION TO INTERPRETATION

DOCTRINE OF TERRITORIAL NEXUS TERRITORIAL NEXUS AND THE PARLIAMENT

OLD QUESTION PAPERS – ACHARYA NAGARJUNA UNIVERSITY

INTERPRETATION OF STATUTES – PAPER II

21. Critically analyze “The Beneficial rule of construction” as principle of interpretation of

INTERPRETATION OF STATUTES – PAPER II

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