Wednesday, November 21, 2007

Bibliography

Books on Interpretation of Statutes referred

  1. V Bhattacharya, Interpretation of Statutes, Central Law Agency, Allahabad (1999).
  2. N S Bindra, Interpretation of Statutes, The Law Book Company, Allahabad (1997).
  3. Vepa P Sarathi, Interpretation of Statutes, Eastern Book Company, Lucknow (2005).
  4. G P Singh, Principles of Statutory Interpretation, Wadhwa Nagpur (2006)
  5. M P Tandon, Interpretation of Statutes and Legislation, Allahabad Law Agency, Faridabad (2001).
  6. B M Gandhi, Interpretation of Statutes, Eastern Book Company, Lucknow (2006).
  7. D N Mathur, Interpretation of Statutes, Central Law Publications, Allahabad (2006).
  8. A P Chatterjee, Interpretation of Statutes, Eastern Law House, Calcutta (1983).

Sunday, November 4, 2007

Answers

STATUTE: MEANING AND PARTS OF THE STATUTE

The word ‘Statute’ has many meanings. It may mean what is popularly called an Act of parliament, or a Code such as the statute of Westminster the First, or all the Acts, passed in one session, which was the original meaning of the word (R V Bakewell 1857[7] Ellis and Blackburn’s Reports, QB 846 at p 851-852). The Constitution of India doesn’t use the term Statute. It uses the term law often to describe an exertion of legislative power. The legislature as the representative of the people expresses its will and such expression of the will in accordance with the constitutional provision is a statute.

DEFINITIONS:

River Wear Commissioners V Adamson, (1876-77)2 AC 743: “A statute is the formal expression in writing of the will of the legislative organ in a state”.
Bouvier’s Law Dictionary: “A statute is a law established by the act of the legislative power, that is to say,an Act of the legislature”.
Halsbury Laws of England, 4th Edn, Vol 44 Para 801: “A statute is a declaration of the law as it exists or as it shall be from the time at which such statute is to take effect”.
Allen: “ A statute is the highest constitution formulation of law, the means by which the supreme legislature, after the fullest deliberation, expresses its final will”.
Padma Sundara Rao V State of TN AIR 2002 SC 1334: “ A Statute is an edict of the legislature. It is an established rule, formal regulation or ordinance enacted by the legislature”.
A P Chatterjee: “Statute means an Act of the parliament or of a state legislature, which means a bill properly and duly introduced in either house of the parliament or of the state legislature (where it is bicameral), passed by both the houses of parliament or of the legislature and thereafter assented to by the President or of the governor, as the case may be”.
So far as the meaning of statute in English Law is concerned, it is synonymous with an Act of Parliament. In broad sense of the term, it is the written law which the supreme legislation establishes directly.

PARTS OF THE STATUTE

1.Title
2. Preamble
3.Headings
4.Schedules
5.Marginal Notes
6.Definition Clause
7.Provisos
8.Explantions
9.Exceptions
10.Saving clauses
11.Illustrations
12.Punctuation
EXTERNAL AIDS OF INTERPRETATION
The phrase aid to construction means the help or assistance sought by the courts for construction of an ambiguous word. When outside sources are called in aid for the purpose of constructing a provision, it is called external aids to construction. If the language of the statute is clear and unambiguous there is no need to refer to any external aid. In MSSK Ltd Vs State Bank of India (2005 [4] Mh.LJ 629 Bom HC), the court held that, “there is no bar for resorting to external aid to interpret any writing in case of conflict or confusion or uncertainity, but not otherwise”.
Various external aids to the construction are as follows:
1.Parliamentary History
2.Historical facts
3.Dictionaries
4.Text Books
5.Statutes in Parimateria
6.Contemporonio Expositio
7.Codifying and Consolidating Statutes
8.Help from earlier statutes
9.Help from later statutes
10.Foreign Decisions
11.CAD, Fundamental Duties, Reports of the Committees and Commissions, Scientific Developments.

SUBSTANTIVE AND PROCEDURAL LAW: INTERPRETATION

The law which defines the rights is known as Substantive law. If the law provides the method of aiding and protecting the rights given by substantive law it is called as adjective law (Procedural law). Substantive law is concerned with the ends which the administration of justice seeks, procedural law deals with the means and instruments by which those ends are to be attained. The latter regulates the conduct and relations of courts and litigants in respect of the litigation itself; the former determines their conduct and relations in respect of the matters litigated.
According to Salmond, the law of procedure may be defined as that branch of the law which governs the process of litigation. It is the law of actions- using the term action in a wide sense to include all legal proceedings, civil or criminal. All the residue is substantive law, and relates, not to the process of litigation, but to its purpose and subject-matter. Substantive law is concerned with the ends which the administration of justice seeks; procedural law deals with the means and instruments by which those ends are to be attained.

Saturday, November 3, 2007

Probable-Possible Questions on INTERPRETATION OF STATUTES ?

1. What is a Statute? Briefly explain the different parts of the statute. 16


2. What are the external aids of Interpretation? Explain. 16


3. What is substantive and procedural law? Explain the rules of construction involving substantive and procedural law 16


4. Answer any two: 16
a. Penal Statutes;
b. Golden Rule;
c. Interpretation of the constitution;
d. Rule of Ejusdem Generis


5. Explain the following maxims: 16
a. Noscitur a socils
b. Expressio Unius Est Exclusio Alterius
c. Lex nil Frustra Facit


6. a) How far the statutes affect the crown? Explain. 06
b) Explain the presumptions against ousting jurisdiction and creating
new jurisdiction.


7. Discuss the principles involving Interpretation of Taxing statutes 16


8. Explain the subordinate legislation. Enumerate the principles to be
observed by the court while scrutinizing the piece of delegated legislation. 16


9. Write a note on any two of the following: 20
a. Primary Rule of Statutory Interpretation
b. Mischief Rule
c. Kinds of Statutes
d. Repeal

Interpretation of Statutes Chapterwise Questions

INTERPRETATION: BASIC AND GENERAL RULES OF
1. ‘The language of the statute should be read as it is’-Discuss. Oct/Nov 2000
2. Define a statute. ‘A statute must be read as a whole in its
context’- Discuss Apr/May 2000
3. Explain the ‘Mischief Rule’ and the Golden Rule’ of Interpretation Apr/May 2000
4. Explain the ‘Mischeif Rule’. Dec 2001
5. ‘A statute must be read as a whole in its context’- Explain Apr/May 2001
6. Explain the primary rule of Statutory Interpretation. Apr/May 2001
7. Explain the rule of literal construction. Dec 2002
8. What is the meaning of Interpretation? Explain the primary rule of
statutory interpretation. May/June 2002
9. The Golden Rule is really a modification of the Literal Rule. Explain Dec 2003
10. Explain the Meaning and scope of Golden Rule. State its relevance
in interpretation of statutes. Dec 2004
11. Explain the mischief rule of construction with reference to the
decided cases Dec 2004
12. ‘The cardinal rule of construction of statutes is to read the statutes
literally, that is by giving to the words their ordinary, natural and
grammatical meaning’. Discuss May/June 2004
13. ‘It is said to be the duty of a judge to make such construction of a
statute as shall suppress the mischief and advance the remedy’.
Elucidiate. May/June 2004
14. ‘A statute should be read as a whole in its context’. Discuss Dec 2001, Nov/Dec 2005
15. What is literal construction? Distinguish it from Golden rule. Nov/Dec 2005
16. Explain the ‘mischief rule’ of construction as established in
Heydon’s Case Dec 2006

SHORTNOTES
1. Heyden’s Rule Oct/Nov 2000, Apr/May 2001, May/June 2002, Dec 2004
Nov/Dec 2005
2. Intention of the Legislature Dec 2006

STATUTE AND ITS KINDS
1. What are the different classifications of Statutes? Explain. Dec 2004
2. What is a Statute? Explain the various types of statute. May/June 2004
3. Briefly explain the classification of Statutes Nov/Dec 2005

SHORTNOTES
1. Consolidating Statutes Apr/May 2000, May/June 2002
2. Codifying Statutes May/June 2002, Dec 2003

INTERNAL AIDS OF INTERPRETATION
1. What is a Statute? Explain in brief the internal aids to interpretation. Oct/Nov 2000
2. What is a Statute? Explain the internal aids of interpretation. Dec 2001
3. Explain the different internal aids to construction of statutes. Dec 2004
4. Discuss the ‘intyernal aids’ to the construction of statutes May/June 2004
5. Explain briefly the different parts of a statute and their importance
in interpretation. May 2005

SHORTNOTES
1. Title and Short Title Nov/Dec 2005
2. Long Title, Non obstante clause, Headings and Marginal Notes Dec 2006


EXTERNAL AIDS OF INTERPRETATION
1. What is a Statute? Explain the external aids of interpretation. April/May 2001
2. Are there any external aids in interpreting a statute? Discuss Dec 2002
3. What is a Statute? Explain the external aids of interpretation. (R R S)Dec 2002
4. Discuss the role played by Parliamentary history, Government
Publication and Dictionaries in the interpretation of statutes. Dec 2004
5. Briefly explain the importance of different external aids to
Interpretation. Dec 2005
6. What is a Statute? Explain the external aids of interpretation. May2005
7. What are the External Aids of Interpretation? Explain. Dec 2006

SHORTNOTES
1. Dictionaries, textbooks and use of foreign decisions Oct/Nov 2000
2. Usage and Contemporania Expositio April/May 2001
3. Construction by reference to later legislation. Dec 2002
4. Dictionaries, textbooks and use of foreign decisions May/June 2002
5. Pari materia Dec 2003