Internal

&
External
Aids of Construction
 Internal Aids
1. Long title of the statute
2. Preamble
3. Chapter Headings
4. Marginal Notes to every section
5. Punctuations
6. Illustrations
7. Definitions
8. Provisos
9. Explanation
10. Saving Clauses & non-obstante Clauses
11.Schedules
• In Re Kerala Education bill,
• Manohar Lal v State of Punjab
• Kashi Prasad v State
• Krishnaih V. State of A.P. (AIR 2005 AP 10)
• Mahesh Chandra Sharma v Raj kumari Sharma,
AIR 1996 SC 869
• CIT vs. Ajax Products Ltd. (1964) 55 ITR 741
(SC)
 External Aids
1. Parliamentary History & Debates in the Legislature
• S.R. Chaudhuri v State of Punjab and others, (2001) 7 SCC 126
2. Original Bill as drafted & introduced
• K.S. Paripoornan v State of Kerala and others, AIR 1995 SC 1012
3. Statement of Objects and Reasons
• Devadoss v. Veera Makali Amman Koil Athalur, AIR 1998 SC 750
4. Reports of Commissions
• Rosy and another v State of Kerala and others, (2000) 2 SCC 230
5. Later Social, Political & Economic Development & Scientific
inventions
• S.P. Gupta v Union of India, AIR 1982 SC 149
6. Reference to Other Statutes
7. Effect of Usage & Practice
8. Use of Foreign Judgments
9. Dictionaries (e.g. Black’s Law Dictionary)
10. Other materials (Ramlal v State of Rajasthan, (2001) 1 SCC 175)
1. Literal construction
2. No external aid Where words plain & unambiguous
3. Mischief rule (Heydon’s case)
4. Words coupled together to take colour from each other
5. The golden rule - No hypothetical considerations
6. Absurdity or hardship
7. Contextual interpretation
8. Liberal construction
9. Harmonious construction
10. Construction to avoid invalidity
11. Reading down
12. Ejusdem generis
13. Same words, same meaning
14. Later law abrogates earlier laws not consistent with it
 Classification with reference to basis of Duration
• Perpetual statutes
• Temporary statutes
Classification with reference to Nature of Operation
• Prospective statutes
• Retrospective statutes
• 4. Prohibition of transfer of granted lands.- (1) Notwithstanding
anything in any law, agreement, contract or instrument, any
transfer of granted land made either before or after the
commencement of this Act, in contravention of the terms of the
grant of such land or the law providing for such grant, or sub-
section (2) shall be null and void and no right, title or interest in
such land shall be conveyed or be deemed ever to have
conveyed by such transfer (Karnataka Scheduled Castes and
Scheduled Tribes (Prohibition of Transfer Certain
Lands) Act, 1978)
• Directory statutes
• Mandatory statutes
• Directory statutes
the Motor Vehicle Insurance Act a claim
for compensation, accompanied by a
medical certificate, had to be sent by
registered post or delivered by hand.
• Mandatory statutes
 Classification with reference to Objective
• Enabling statutes
[49A. Power of Central Government to make rules.
—(1) The Central Government may, by notification
in the Official Gazette, make rules for carrying out
the purposes of this Act including rules with
respect to any matter for which the Bar Council of
India or a State Bar Council has power to make
rules. (2) In particular and without prejudice to
the generality of the foregoing power, such rules
may provide for—(ADVOCATES ACT, 1961)
• Disabling statutes
• Permissive statute
• Section 52 of the Indian Easement Act
• License is defined in Section 52 of the Indian Easement Act
as, 'Where one person grants to another, or to a definite
number of other persons , a right to do, or continue to do, in
or upon the immovable property of the grantor, something
which would, in the absence of such right, be unlawful, and
such right does not amount to an easement or an interest in
the property, the right is called a licence' .
• Prohibitory statute
• Codifying Statute
• Consolidating statute
• Curative or validating Statute
• 113. Tax in the case of block assessment of search
cases.- The total undisclosed income of the block
period, determined under section 158BC, shall be
chargeable to tax at the rate of sixty per cent:
• Provided that the tax chargeable under this section
shall be increased by a surcharge, if any, levied by
any Central Act and applicable in the assessment
year relevant to the previous year in which the
search is initiated under section 132 or the requisition
is made under section 132A.
• Maternity Benefits Act, 1961 and the Workmen‘s
compensation Act, 1923
• Repealing Statute
• Amending Statute
 Interpretation of Enacted Law
• litera legis • ordinary and natural
meaning of the words
and sentences.

• sententia legis
• true intention of the
Legislature
 Interpretation of Enacted Law
• noscitur a socis • The meaning of the
• Foster v Diphwys word is to be judged by
Casson((1887) 18 QBD the company it keeps.
428),

• expressio unius est • Expression of one thing

exclusio alterius is the exclusion of
• Malinias v Comelec another 
 Interpretation of Enacted Law
• expressum facit • what is expressed
cessare tacitum makes what is implied
silent.

• ejusdem generis
Amarchandra • of the same kind
Chakrabotry v Collector
of Excise, AIR 1972 SC
1863
• 1. The statue contains an enumeration of
specific words
• 2. The subject of the enumeration constitute
a class or a category
• 3. The class or category is not exhausted by
the enumeration
• 4. A general term is present at the end of the
enumeration
• 5. There is no indication of a different
legislative intent
• “examination” shall include the examination
of blood, blood stains, semen, swabs in case of
sexual offences, sputum and sweat, hair
samples and finger nail clippings by the use of
modern and scientific techniques including
DNA profiling and such other tests which the
registered medical practitioner thinks
necessary in a particular case.
• Cassus omissus pro • A person, object or thing
omisso habendus est. omitted from an
• Reddendo singular enumeration must be held
to have been omitted
singulis intentionally.
• Contemporanea • Referring each to each
Expositio est optima et Koteshwar Vittal Kamat vs K
fortissinia in lege Rangappa Baliga
• Contemporaneous
exposition is the best and
strongest in law. National
and Grindlays Bank v
Municipal Corporation for
Greater Bombay, AIR 1969
SC 1048
• Article 304(b), ‘impose such reasonable
restrictions on the freedom of trade,
commerce or intercourse with or within that
State as may be required in the public
interest:
Provided that no Bill or amendment for the
purposes of clause shall be introduced or
moved in the Legislature of a State without
the previous sanction of the President’.
• DISSIMILUM • Facts and circumstances
DISSIMILIS EST RATIO showing that the legislature
intended a distinction or
qualification. Garvida v.
Sales

• Where the law makes no

distinctions, one does not
• UBI LEX NON
distinguish. Where the law
DISTINGUIT NEC NOS does not distinguish, courts
DISTINGUERE should not distinguish.
DEBEMOS Cebu Institute of Medicine v
Cebu Institute of Medicine
Employees’ Union-National
Federation of Labor:
• Generalia specialibus non
derogant
Venkataramana Devaru Vs State of
Mysore, AIR 1958
• Article 25 (2) Nothing in this
article shall affect the
operation of any existing law
or prevent the State from
making any law
• (b) providing for social welfare
and reform or the throwing
open of Hindu religious
institutions of a public
character to all classes and
sections of Hindus. Madras
Temple Entry Authorization
Act, 1947
• Where there is a special
provision specifically
dealing with a subject, a
general provision,
howsoever widely worded
must yield to the former.
• Article 26. Subject to
public order, morality
and health, every
religious denomination or
any section thereof shall
have the right
• (b) to manage its own
affairs in matters of
religion;
• Ut res magis valeat • Such a construction is
quam pereat to be made that lets
Avtar Singh vs State of the thing have effect
Punjab, AIR 1955 SC rather than let it fail.
1107 Aka Rule of
Effectiveness.
1. Rule of Literal Interpretation
Municipal board v State transport authority, Rajasthan,
Tata Consultancy Services V. State of A.P. (2005) 1 SCC
308
2. The Mischief Rule
3. Golden Rule of Interpretation
4. Rule of Reasonable Construction
5. Rule of Harmonious Construction
Raj Krishna vs Binod AIR 1954
6. Rule of Beneficial Construction
B Shah vs. Presiding Officer
7. Rule of Exceptional Construction