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(..4..)
Aid to Interpretation of Statutes
Aid to Interpretation of Statutes.
When the provision of a statute is clear, there comes no question of interpretation
or seeking any aid. The aid is sought for interpretation when the provision's meaning
becomes ambiguous, unclear, or double. An 'Aid' is a device that helps or assists while
interpreting the provisions of a statute; the court takes help from within the statute or
outside the statute. When the court takes help from within the statute, it is called an
'internal aid', and when the help is from outside the statute, it is called an 'external aid'.
Thus, the basic rule of interpretation is to give effect to the plain meaning of the
statute. If it is not clear or unambiguous, the court can take recourse to different aids of
interpretation. If, despite using internal sources of interpretation, the ambiguity is still not
clear, then the court can use external aids to interpret a particular provision. We will
discuss these aids as follows-
A. Internal aids to interpretation: -
Internal aids mean those aids that exist in the statute itself, court can interpret the
statute by employing those aids as follows:-
1. Title of the statute:-
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‘Officers Under the Code’
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There are basically two types of titles.
(i) Short title:-
The short title of the Act is only its name and is given solely for the purpose of
reference.
It is merely a name given to identify the Act and not for description. It generally
ends with the year of the passing of the Act, like the Indian Contract Act of 1872, the
Indian Penal Code of 1860, and the Indian Evidence Act of 1872.
Even though it is a part of the statute, it has little role to play while interpreting a
provision of the Act.
(ii) Long Title:-
The long title is stated under certain acts to give a general description of the object
of the Act. However, it is not considered a conclusive aid to the interpretation of statutes
as it doesn't resolve ambiguity arising in words or expressions under a statutory
provision. Still, it only provides a general idea of the Act. Generally, it begins with the
words "An Act to…"
For example, the long title of Cr. P.C. says, "An act to consolidate and amend the
laws relating to the criminal procedure," and that of the Prevention of Corruption Act,
1988 says: 'An Act to consolidate and amend the law relating to the prevention of
corruption and matters connected therewith'.
In Poppatlal Shah v. State of Madras,
The Supreme Court utilised the title of the Madras General Sales Tax, 1939, to
indicate that the object of the Act is to impose taxes on sales that take place within the
province.
2. Preamble:-
A Preamble is a tool, an internal aid for interpreting a statute as it contains the main
objects and reasons for the Act. In case of any ambiguity or uncertainty, the courts can
use the preamble to interpret any provision of that statute.
The Supreme Court held that the "Preamble is the key to open the minds of
Constitution Makers. It shows the general purpose for which they made the several
provisions of the Constitution".
Facts:- In this case, the constitutionality of S. 5 of the West Bengal Special Courts Act of
1950 was challenged on the grounds of violating Art. 14 of the constitution as the
1 AIR 1960 SC 845
2 (1952) SCR 284
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‘Officers Under the Code’
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provision in the Act authorises the state government to select a particular case which
deserves to be tried by the special courts having special procedure.
The Supreme Court took the help of the preamble of the Act and held that the state
government has discretion to choose such cases.
3. Marginal notes:-
Marginal notes are inserted at the side of the sections in an Act that express the section's
effect, but they are not part of the statute. They are also known as 'side notes,' usually
inserted by drafters, not legislators.
As per the modern view of the courts, marginal notes are not helpful because neither
legislators insert them nor do they form part of the statute. However, for interpreting the
constitution, marginal notes are often referred to since the Constituent Assembly made
them.
The Supreme Court held that the marginal notes of Art. 286 are part of the Indian
Constitution which talks about Restrictions as to the imposition of the tax on the sale or
purchase of goods. Therefore, the marginal notes could be relied on to furnish a clue to
the purpose and meaning of the article.
4. Headings: -
In all modern statutes, the headings are attached to almost every section preceding
the provisions. For example, the heading of S. 437 of the Code of Criminal Procedure,
1973 is "When bail may be taken in case of non-bailable offense". The legislature does
not pass headings but are subsequently inserted after the Bill has become law.
They are prefixed to sections or a group or set of sections. Courts have treated these
headings as preambles to those sections or sets of sections.
Facts- the interpretation of S. 217 of the Road Traffic Act was in dispute, which provided
that ‘a person could be held liable for an offense if he allowed himself to be driven away
in a motor vehicle without the consent of his master’. The heading of the provision is
Miscellaneous and General,' and the subheading is Penalization of taking motor vehicles
without authority.
The court of Queen's Bench held that headings to the section explain the intention of the
legislature, and the passenger would be held liable for an offense.
5. Definition or Interpretation clause: -
Generally, we take the ordinary meaning of the words while determining the
3 AIR 1955 SC 661:
4 (1964) 2 QB 354
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meaning of the words given in the enactment. However, in some cases where the
legislature gives the definition, it forms a different meaning of the words other than the
ordinary meaning.
It also defines the intention of the legislature in respect of the words mentioned in
the statute and avoids confusion. In other words, it gives specific meaning to the word
with which it is used in the statute. The statute defines the word so that it should not be
otherwise defined/taken by the courts.
Facts– Interpretation of the word tobacco was in question. The definition defines
‘tobacco’ means any form of tobacco, either cured or uncured or manufactured or not,
and includes leaf stalks and steams of a tobacco plant.
The Supreme Court held that the definition is exhaustive and refused to include ‘tobacco
seeds’ in the definition of tobacco.
6. Explanations: -
Explanations are added to sections so that they can clarify the meaning of certain
words in which uncertainty may arise in the future. They do not extend the scope of the
section to which they are attached and are restricted to that section only. They do not
have much role in the interpretation and only clarify the provision.
The Supreme Court observed that the exception should not extend the meaning of the
main provision. It should be read with the main provision. It forms part of the main
provision so it can be used for ascertaining the legislature's intention.
7. Proviso: -
The proviso to a section has a natural presumption that it is ‘an enacting part of the
section would have included the subject matter of the proviso’.
The proviso serves four different purposes- qualify or exempt certain provisions,
provide mandatory conditions to be fulfilled to make enactment workable, act as optional
addenda, and become an integral part of the statute.
The rule of interpretation of proviso is that the interepretation can neither nullify
the implication of the main enactment nor enlarge the scope of the main enactment. It can
only be referred to in case of ambiguity in the section.
The Supreme Court held that Art. 16(4) of the Constitution is a proviso of Article 16(1).
5 AIR 1985 SC 335
6 AIR 1955 SC 661
7 AIR 1964 SC 179
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‘Officers Under the Code’
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8. Exceptions and Saving Clauses: -
Exceptions are created to exclude certain things from a particular provision that
would otherwise be part of it. They do not expand the scope nor add any different
meaning to the words. They just exempt certain things from a particular provision.
For example, S. 300 of the Indian Penal Code lists exceptions to murder if they are
causing death while exercising the right of private defense, under grave and sudden
provocation, etc.
On the other hand, the saving clause is generally appended where there is a case of
repeal and re-enactment.
9. Illustrations: -
Illustrations are generally given in the form of examples, including situations that
occur in real life. They do not form part of an enactment, but still, they are very useful for
interpretation. They can help courts understand the enactment's real meaning in case of
uncertainty. They illustrate the legislature's intention in the form of facts and answer the
situations arising from those facts. It cannot extend the meaning of an enactment but
clarify it.
The issue before the court- is that there has always been a conflict between illustration (b)
of S. 114 and S. 133 of the Evidence Act. S. 133 says that accomplice evidence without
corroboration is good enough for conviction, whereas S. 114 Illustration (b) says that
accomplice evidence without corroboration is not good enough for conviction.
The court formed a general rule that it is always better to have the accomplice's evidence
corroborated with other evidence for a conviction.
10. Schedules: -
It helps in the working of an enactment properly, and it forms part of the
enactment. When an enactment's meaning is unclear, help can be taken from it to
ascertain the meaning. Schedules are part of statutes that are mentioned at the end of the
Act. It contains details and subjects in the form of lists and prescribes the form of
working out policies.
For example, Article 1 of the constitution provides that India shall be a union of
states, and in Schedule I, the names of the states with their territories are mentioned.
11. Punctuations: -
Punctuation is a colon, semicolon, comma, full stop, dash, hyphen, brackets, etc.
They separate the sentences from each other and help avoid confusion by clarifying them.
8 AIR 1977 SC 1579
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‘Officers Under the Code’
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The rule of interpretation is that while interpreting the provision in a punctuated form if
the court feels repugnancy or ambiguity, it shall read the whole provision without any
punctuation, and if the meaning is clear, it will so interpret it without attaching any
importance to punctuations.
B. External aids to interpretation: -
External aids are the aids that are not available inside the statute but outside the
statute. The court may seek help from external aids in a case of repugnancy or
inconsistency in the statutory provision.
Justice O.Chennappa Reddy observed that in cases where internal aids are not sufficient
to discover the object of legislation, then external aids can always be used in such
matters
Following external aids can be sought for the interpretation of a statute: -
1. Dictionaries: -
When a word used in the statute is not defined or even though defined is unclear,
only in such a situation, the court may refer the dictionary meaning of the statute. It is
done to find out the word's meaning in an ordinary sense because words bear different
meanings in different contexts.
The issue before the court was whether sales tax could be levied on Sugarcane.
The applicant argued that sugercane is a green vegetable and should be exempted from
tax. The dictionary meaning of vegetable said anything derived or obtained from plants.
The Supreme Court rejected the dictionary meaning and held that in common parlance,
the vegetable is something that is grown in the kitchen garden and used during lunch and
dinner, the court held that the sugarcane is not a vegetable.
2. Parliamentary history, debates/speeches: -
Parliamentary history, debates, and speeches may be considered for
interpretation to determine the legislature's intention while passing the Act. It is also
called 'Travaux Preparatoires', which is a French term meaning 'preparatory works'. It
includes all the materials used in the preparation of a statute. It consists of legislative
history, reports of committees, debates at the time of drafting, etc. It acts as a
secondary form of interpretation that can be used to clarify the makers' intentions. It
has been suggested that it can be used in every case of interpretation.
9 1986 AIR 210
10 1953 AIR 320
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‘Officers Under the Code’
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the concerns voiced during parliamentary debates, and it becomes important to lend an
Issue before the court- The interpretation of the expression 'backward class of citizens'
used in Article 16(4) was in question before the court. The Supreme Court referred to
the speech given by Dr B.R. Ambedkar to understand the context, background and
object behind the use of the expression.
3. Committee Reports: -
Reports of Commissions, including the Law Commission, of Committees,
(including Parliamentary Committees), can also be referred to in the Court as evidence
of historical facts, surrounding circumstances, and mischief intended to be remedied.
of India's 41st Report for the interpretation of S. 200 (2) of the Code of Criminal
Procedure, 1898. Before framing a Bill, generally, the matter is referred to a committee
to consider it in detail and to give its report thereon.
These reports of the law commissions and inquiry committee have been referred to as
evidence of historical facts or surrounding circumstances and used to interpret the Act.
4. Pari material:-
Pari materia is a Latin term. Statutes are in pari materia if they relate to the same
'Pari material means when two provisions of two different statutes deal with the same
subject matter and form part of it. The use of pari materia is well established by the
material could be used as an external interpretation aid.
and Article 226(2) of the Constitution of India are held to be in pari materia with each
other. Decisions interpreting the former have been held to apply to the latter.
[Discussed in detail in the end note]
5. Foreign laws and decisions: -
11 (1975) 1 SCC 166.
12 AIR 1993 SC 477
13 2000 (1) SCR 107
14 An American judge, in 1829, -Cross, Statutory Interpretation, 3rd Ed, p 171
15
(2001) 7 SCC 358,
16 (2004)6 SCC 254
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‘Officers Under the Code’
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Judges may refer to foreign laws and decisions if the jurisprudence of both
countries is the same. When there is no domestic law on point and there is similarity in
political system and ideology of that country, if the Indian court believes that the decision
passed by that foreign court is not arbitrary, but the foreign courts or decisions have only
persuasive value; they are not binding on Indian courts. In the Right to Privacy case, in
constitutional matters, judges referred foreign judgments.
6. Translations:-
There are many Latin terms used in the law. The court can take help by translating
these Latin terms to find the meaning of the word.
7. Contemporanea Expositio:-
The maxim "Contemporanea exposition" means a Contemporaneous exposition
is the best and strongest in law. It is said that the best exposition of a statute or any
other document is that which it has received from contemporary authority. It means the
reader should try to read the document as it would have been read by someone at the
time when it was written. It suggests giving meaning to the words of status when it was
passed.
The Supreme Court held that the Contemporanea exposito is a guide to the
interpretation of documents or statutes. It is one of the important external aids for
interpretation.
Justice Mookerjee stated the rule in these terms: "It is a well-settled principle of
interpretation. Courts in construing a statute will give much weight to the interpretation
put upon it, at the time of its enactment and since, by those whose duty it has been to
construe, execute and apply it."
Notes:-
1. Statutes in Pari Materia:-
I. Introduction:-
Pari materia is a Latin term. Statutes are in pari materia if they relate to the same
person or thing or the same class of persons or things. With reference to interpretation,
'Pari material means when two provisions of two different statutes deal with the same
subject matter and form part of it. Such Acts are taken together as forming one system
and as interpreting and enforcing each other if a problem relating to the interpretation of
17 AIR 1979 SC 1049,
18 (1908) I.L.R. 35 Cal. 701
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‘Officers Under the Code’
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any word or provision arises. The use of pari materia is well established by the Judiciary.
Lord Mansfield has observed that: "Statues in pari materia are to be all taken as one
system to suppress the mischief..... The two laws are only parts of the same provision".
The rationale behind the rule is based on the interpretative assumption that words
employed in legislation are used in an identical sense. Where a term is used without
definition in one Act but is defined in another Act which is in pari materia with the first
Act, the definition may be treated as applicable to the use of the term in the first Act.
In District Mining Officer v. Tata Iron & Steel Co, it was held that Pari
material could be used as an external interpretation aid. It is permissible to read the
provisions of the two Acts together when they same are complementary to each other.
The principle of primavera is based on the idea that there is a continuity of legislative
approach in such acts, and common terminology is used.
In Kusum Ingots & Alloys Ltd v Union of India Sec. 20(c) of the Code of Civil
Procedure and Article 226(2) of the Constitution of India, are held to be in pari materia
with each other. Decisions interpreting the former have been held to apply to the latter.
II. Conditions to applying pari materia rule:-
The Dehli High Court in Raees-Uz-Zama v. State of NCT of Delhi referred to the
conditions of pari materia discussed in Bennion on Statutory Interpretation. The issue
before the Court was whether, by borrowing the word of one Act into another Act, the
Parliament has intended to borrow its previous processing/meaning. One Act is said to be
in pari materia if -
(a) Acts which have been given a collective title. This is a recognition by Parliament that the
Acts have a single subject matter.
(b) Acts which are required to be construed as one. Again there is parliamentary recognition
of a single subject matter.
(c) Acts having short titles that the identical (apart from the calendar year).
remembered that the Latin word part or paris means equal, and not merely similar. Such
Acts are sometimes described as forming a code.
meaning was intended. To be in ‘pari materia’, the statutes need not have been enacted
simultaneously or refer to one another. Sutherland, in 'Statutory Construction', states,
"Statutes are considered to be in pari materia- pertaining to the same subject matter, when
they relate to the same person, thing, or the same class of persons or things, or have the
same purpose or object."
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‘Officers Under the Code’
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In J.K. Steel Ltd. v. Union of India
The Supreme Court observed that Acts being in pari materia must be taken together as
forming one code and as interpreting and enforcing each other.
III. Limitations on the applicability of the maxim:-
The statutes cannot be held pari materia with each other if-
The status does not apply to the same subject matter or person:-
In Shah & Co., Bombay vs. The State Of Maharashtra
The Supreme Court observed that there is absolutely no similarity between the two
enactments, and we cannot hold that the Requisition Act relates to the same person or
cannot be considered to be in pari materia.
2. If the scope of two statuses I different:-
3. If the interpretation given to the words is one statute is different than the subsequent
statute.
4. Statute of one state legislature cannot be used to interpret legislation of another state;-
In R. Arora vs State Of U.P.
The Supreme Court held that "we do not think it necessary to examine the American
cases cited before us because the words in our statute are not part material with the words
used in the fifth amendment to the American Constitution".
References:-
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