Aids to interpretation of Statute

Question 1

What is an Aid?

Answer 1

Words used by the legislature may not always have the plan meaning.
In such situations, judges have to interpret statutes in a manner that effectuate the purpose of the statute. This cannot be done by their own views but my some legitimate sources. These are called aids.

Question 2

Types of Aids

Answer 2

Internal and External, depending on whether it can be found in the statute or outside

Question 3

Parts of a statute

Answer 3

1. Preamble
2. Title, Headings
3. Definition or interpretation clause
4. Exceptions, Proviso
5. Marginal Notes
6. Explanations and Illustrations

Question 4

Significance of the text of the statute

Answer 4

The text of the statute published in the Gazette must be taken to be the authorised text.
Where there is a clash between the English and Hindi versions of the Act, the English version should prevail if the act was passed by the Legislature in English and vice versa.

Question 5

Significance of the Title of the Statute

Answer 5

1. Title of the act is not conclusive of the intent of the legislature but if the statute is ambiguous then the title may be considered an Aid
2. It can be used to ascertain the purpose and scope of the act as a whole
3. If the language of the act is plan and understandable, the court cannot refuse to give effect to it only because it happens to go beyond matters in the title.

Question 6

Parts of a title

Answer 6

Short title, Long Title (includes the summarise description of the act, Title of a Chapter

Question 7

Significance of Sabarimala Temple case and long title

Answer 7

The Supreme Court while looking at the exclusion of women from Sabrimala temple also looked at the long title of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act 1965 which stated that
the act was aimed to make better provisions of entry of all classes and sections of Hindus into places of public worship.
The long title was used as an aid to construction and held that the act was enacted to life restrictions from entry for all sections of people including women

Question 8

Significance of Short Title

Answer 8

Every act of legislature has a short title ending with the year in which it was passed. It is like a statutory nickname.
Since the title is a part of the act, it is an internal aid and used for ascertaining scope and purpose, but does not have as much legitimacy as long title.

Question 9

Significance of Title

Answer 9

The title of a chapter is not a determining factor in the interpretation of provisions of the section, but illuminates the meaning of the section.
Where it is consistent with the section, it should be assumed that the title correctly describes the provisions.
Where inconsistent, they cannot take away the effect of the provisions.

Question 10

Significance of the interpretation clause

Answer 10

1. Interpretation clause is valuable in resolving ambiguity revolving around the meaning of terms, unless context requires.
2. Object is to avoid repetition of descriptions of all words.
3. The court may not correct or amend the definitions unless there is ambiguity. The definitions are binding on the court.

Question 11

Qualifications in the Definition clause

Answer 11

• Unless the context otherwise requires
• Unless the Contrary intention appears
• If not inconsistent with the context

The court then needs to not only look at the words but also the context and object of such words.
The onus of proving that a statutory definition does not apply in a context is on the person who asserts it.

Question 12

Restrictive definition

Answer 12

“Means”
Confines the meaning of the word to what is stated

Question 13

Extensive

Answer 13

“Includes”
It adds the subject matter but meaning has to be understood in light of the context and purpose of the provision

Question 14

Exhaustive

Answer 14

“Means and Includes”
Definition only comprises what is mentioned in the “means” and “includes” part of the definition.

Question 15

Illustrations

Answer 15

1. Illustrations are relevant in construction when the language of the provision is unclear
2. It helps bridge the gap between legislative intent and judicial application
3. It cannot detract from the language of the section, if it is repugnant to the section, it has to be rejected

Question 16

Significance of Provisos

Answer 16

• Provisos are used to modify, clarify or qualify the application of the general principle set in the statute.
• Justice Hidayatullah observed that, “As a general rule, a proviso is added to an enactment to qualify or create an exception to what is in the enactment and ordinarily, a proviso is not interpreted as stating a general rule”
• Justice Kapur observed that, “The Proper function of a proviso is that it qualifies the generality of the main enactment by providing an exception and taking out as it were, from the main enactment, a portion which, but for the proviso would fall within the main enactment”.

Question 17

Significance of Exception

Answer 17

• Where the legislature desire to enact to exception to any provision, it normally does so by way of a proviso or an exception to the section itself
• An Exception exempts something which would otherwise fall within the purview of the general words of the statute.
• An exception must be constructed strictly
• It cannot be interpreted to nullify the main provision
• They are similiar to provisos in that they operate to except something which would otherwise fall within the general terms of the statute

Question 18

Significance of Saving Clauses

Answer 18

Saving clauses keep alive the old rights and liabilities in the new enactment. Their effect is that the repealed statute remains in force as if the second statute had not been passed.

Question 19

Significance of explanation clause

Answer 19

• Part of enactment used to explain meaning
• The construction consistent with the purpose of the explanation should be preferred.

Question 20

Significance of Marginal Notes

Answer 20

• Provide brief descriptions related to content of the section or the provisions they accompany.
• They are not part of the enacted law but are included for reference purposes
• It is well settled that they CANNOT be referred to for constructing the statute. But they cannot be entirely ignored as they might provide some clues.
• Courts may rely on it if the legislature has assented to it being a part of the act.