Symbiosis Law School, Pune Mail - Notice of First internal assignm…retation of Statutes: 3rd Year BA/BBA LL.B. (Hons.

) 2019-24 Batch 09/03/22, 3:31 PM

HARSH KHANCHANDANI <19010126023@symlaw.ac.in>

Notice of First internal assignment for Judicial Process and Interpretation of

Statutes: 3rd Year BA/BBA LL.B. (Hons.) 2019-24 Batch
slsp.bulkmail slspune <slsp.bulkmail@symlaw.ac.in> Fri, Feb 25, 2022 at 12:32 PM
Cc: Ramratan Dhumal <ramratan.dhumal@symlaw.ac.in>, Ashutosh Panchbhai
<ashutosh.panchbhai@symlaw.ac.in>, Bindu George <bindu.george@symlaw.ac.in>
Bcc: 20192024babballb@symlaw.ac.in

Dear Students,
Please read below the notice of first internal assignment for the subject Judicial Process and Interpretation of
statutes and comply accordingly. Please take a note that no assignment on mail will be entertained so upload your
assignments on LMS only.

First Internal Notice

Judicial Process and Interpretation of Statutes

6th Semester B.A./B.B.A.LL.B. (Hons.) (2019-24)

1st Internal Exercise: Statement Analysis followed by critical appraisal (10

Marks)

The concept of judicial creativity in constitutional context undoubtedly vectored a Darwinian model of
evolution. From earlier stage where constitutional interpretation was in its formative stage till the
recent ages where this interpretation has evolved to a much profound and matured level through the
judicial craftsmanship. However, since inception, the very concept of judicial creativity confronted
multidimensional arguments and thereby questioning firstly, the very validity and secondly, the
permissible extent of creative approach of the judges.

In light of this, notable is the following observation; Denning L.J. in Seaford Court Estates
Ltd. v. Asher, (1949) 2 K.B. 481 (498), on the need for statutory interpretation observes;

“It is not within human powers to foresee the manifold sets of facts which may arise; and that; even if
it were, it is not possible to provide for them in terms free from all ambiguity. The English language is
not an instrument of mathematical precision. Our literature would be much the poorer if it were. This
is where the draftsmen of Acts of Parliament have often been unfairly criticised. A judge, believing
himself to be fettered by the supposed rule that he must look to the language and nothing else, laments
that the draftsmen have not provided for this or that, or have been guilty of some or other ambiguity. It
would certainly save the judge’s trouble if Acts of Parliament were drafted with divine prescience and
perfect clarity. In the absence of it, when a defect appears, a judge cannot simply fold his hands and
blame the draftsman. He must set to work on the constructive task of finding the intention of
Parliament, and he must do this, not only from the language of the statute, but also from a

https://mail.google.com/mail/u/0/?ik=ce0a2889c9&view=pt&searc…sg-f%3A1725717260982857852&simpl=msg-f%3A1725717260982857852 Page 1 of 2
Symbiosis Law School, Pune Mail - Notice of First internal assignm…retation of Statutes: 3rd Year BA/BBA LL.B. (Hons.) 2019-24 Batch 09/03/22, 3:31 PM

consideration of the social conditions which gave rise to it, and of the mischief which it was passed to
remedy, and then he must supplement the written word so as to give ‘force and life’ to the intention of
the legislature.
To put into other words: A judge should ask himself the question: If the makers of the Act had
themselves come across this luck in the texture of it, how would they have straight ended it out? He
must then do as they would have done. A judge must not alter the material of which it is woven, but he
can and should iron out the creases”.

On the backdrop of above observation, students are required to make a statement analysis and
critical appraisal in their own words not more than 1000-1500 words. While doing so, firstly
establish what the observation actually intends and secondly your critical appraisal on the
observation so made.

Following shall be the rubrics of evaluation;

1) Identifying correctly basic dimensions involved in the statement: 4 Marks

2) Critical appraisal with your own reasoning: 3 Marks

3) Originality and logical flow of the write up: 1.5 Marks

4) Quality of the references and literature used: 1.5 marks

Note: Students are encouraged to use institutionally subscribed E-resources and thereby finding good
research articles on judicial creativity.

In case of any query at any juncture, students can approach at ashutosh.panchbhai@symlaw.ac.in

Last Date of Submission: - 11th of March 2022

================== ALL THE BEST ===============

______________________________________________________________________________________________
Gold Star (Bar Council of India 2013) | GHRDC 2019 Rank 3 (Category of Top Leading LAW Schools of Super Excellence)
| India Top 10 in NIRF (Rank 8 in2020 ) | India Rank 1 (India Today Ranking 2020 Emerging Colleges in LAW) | Outlook
India Rank 10 (India's Top 30 LAW Colleges in 2019) | India Top 10 (most online surveys and consistently since 2000)
______________________________________________________________________________________________
This email is governed by the Disclaimer Terms of SIU which may be viewed at http://www.siu.edu.in/downloads/email-disclaimer.php

https://mail.google.com/mail/u/0/?ik=ce0a2889c9&view=pt&sear…sg-f%3A1725717260982857852&simpl=msg-f%3A1725717260982857852 Page 2 of 2