Extenal aids to construction

Tejas ShahTejas ShahCA FINALISTCA FINALIST

INDIAINDIA

EXTERNAL AIDS TO CONSTRUCTION

1. Introduction

2. Parliamentary History

3. Historical Facts &

Surrounding circumstances

4. Later Social, Economic, Political

developments and Scientific Inventions.

5. Reference to other Statues.

6. Contemporary opinion

SUMMARY OF DETAILS


7. Policy Behind the Act

8. General sound policy

9. Precedent

10. Use of Dictionaries

11. Use of Foreign Decision

12. Subtraction & Insertion of

words

13. Use of General Clause Act

SUMMARY OF DETAILS


INTRODUCTION

" Interpretation v/s Construction "


PARLIAMENTARY HISTORY

Object and reasons behind enacting Act,how far to be considered ?

In England, for Interpretation- Parliament Intention, History, Statutes, Main bill of Proposed Act, Amendments, Bill introducing Minister’s Statements etc are all Irrelevant.

In America, above are taken into consideration.

In India, in the beginning courts followed views of England.


PARLIAMENTARY HISTORY

RULINGS:-

A.K. Gopalan case (1950)

Chitrangeetlal case (1951)

K.P.Vargeese v/s Income tax Officer (1981)

Express News Paper Case (1958)

Ashwini Kumar Case (1952)

Comm. of Income Tax v/s Vadilal Lalubhai (1973)

Shanta Singh v/s State of Punjab (1976)

Kesavnand Bharti v/s State of Kerala (1973)

Maneka Gandhi Case (1978)

Builder’s Ass. of India v/s Union of India (1982)

S.P. Gupta v/s President of India (1982)


HISTORICAL FACTS & SURROUNDINGCIRCUMSTANCES

Historical perspective behind enactment of an Actprovides useful guide for interpretation.

Old Act , its jurisdiction, objects and reasons for enactments,typical language used therein all invite one to go down in pastand refer to historical backdrop.

Ruling (1960-SC):- Interpretation of “ BASIC WAGES “ u/s 2(B) of Employees Provident Fund Act, 1952, SUPREME COURT referred history.


LATER SOCIAL, ECONOMIC, POLITICAL DEVELOPMENT & SCIENTIFIC INVENTION

In England- “ Telegraph Act, 1863”, Telephone deemed included

Word “ Textile “ explained by SC as absorbing new techniques.

If no contrary intention found, new facts and circumstancescan be incorporated while interpreting a word.

Construction can be treated as per Justice BOSE, as elastic innature so that it can respond to new changing circumstances.

Ruling:- Video Conference Case, Ruling by SC Referred (2003-SC)


REFERENCE TO OTHER STATUTES

Interpretation of a given word is based on study of its context /

reference . Major ways to study Context / Reference

are through:-

a) Statutes in Pari Materia

b) Assistance of Earlier Statutes

c) Assistance of Later Statutes

d) Codifying & Consolidated Statutes

e) Incorporation of Earlier Act into Later Act.EXTERNAL AIDS TO CONSTRUCTION

(A) STATUTES IN PARI MATERIA

There are two or more statutes on same subject matter which

are enacted by competent authority and hence meaning of word

clause or phrase of one statute is applied in the case of same

word, clause or phrase in Pari Materia Statutes.

Illustrations of Pari Materia StatutesGeneral Clauses Act,1897- The Bombay General Clauses Act,1904

Indian Court Fees Act,1870 - Bombay Court Fees Act,1959

Code of Civil Procedure,1908 – Code of Criminal Procedure 1973

Industrial Dispute Act, 1947 – Bombay Industrial Relations Act, 1946

All above acts are Pari Materia – Identical Subject Matter / Procedure.


Rulings :- (1) State of Assam v/s P. Barua (1969) Income Tax Act,1922 v/s Assam Agricultural Act, 1939 (2) Ram Chander v/s Union of India (1981-SC) Rule 27(2) of Central Civil Services ( Classification Control, Appeal) Rules, 1965 & Rule 22(2) of Railway Servants ( Discipline & Appeal ) Rules, 1968 (3) M/s MSCO v/s Union of India (1985 – SC ) ‘ Industry ‘ defined in I.D. Act,1947 & Notification under Customs Act, 1962 & Constitution of India,1950 ---- Held, such Acts NOT Pari Materia ---

(A) STATUTES IN PARI MATERIA


(B) ASSITANCE OF EARLIER STATUTES

Repealed Act v/s Reenacted / Reconstituted Act. In Later Acts, words sometimes carry same meaning as in the case of Repealed Act.

Constitution of India Article 245(1), 246 are similar to s. 99(1) & 100 of Government of India Act, 1935.


(C) ASSITANCE OF LATER STATUTES

When Earlier Act ( in time ) is vague or uncertain in some respectthen later Acts sometimes provide meaning to them.

Rulings:- (1) State of Bihar v/s S.K. Roy (1966-SC) The Coal Mines Provident Fund & Bonus Scheme Act, 1948 Definition of ‘ Coal Mine ‘ vague. Amendments in 1965 defined ‘ Coal Mine ‘ and based on it ‘or’ read as ‘and’ in 1948 version of ‘Coal Mine’.(2) Ammini v/s State of Kerala (1998 SC ). S. 293(4) Cr. P.C, 1973 ‘ Director ‘ includes ‘ Joint Director ‘ as per 1988 amendment which included Deputy/Asst. Director.(3) No Assistance of later statutes for interpreting I.D. Act S. 25 F & 2(oo) based on 1956 amendment for S.25 FF.


(D) CODIFYING & CONSOLIDATING STATUTES

A codifying Statute is one which purports to state exhaustively the whole of the law upon a particular subject incorporating both the pre-Statutory provisions and also common law rules relating to matters.Rulings:- Rohini Kumari v/s Narendra Singh (1972-SC) Hindu Marriage Act, 1956. Preamble “ to amend and codify law among Hindus “. No help outside of codified law is available.A consolidating Statute is one which collects all statutory’s provisionsrelating to a particular topic into one legislative Act with minor amendment.Example :- (1) Indian Evidence Act, 1872. (2) Code of Criminal Procedure, 1973 (3) General Clauses Act, 1897Readily available interpretation under the old law is helpful while interpreting consolidated Statute.


(E) INCORPORATION OF EARLIER ACT INTO LATER ACT

Provision of earlier act is applied sometimes for interpreting later Act.

Rulings:- (1) AIR 1978 SC 793 Madhyapradesh Land Revenue Code,1954 S.151 “ Subject to his personal law” Hindu Succession Act,1956Held, not only provisions of earlier personal law but also Hindu succession Act, 1956 applicable.

(2) Pareshchandra Chatterjee v/s State of Assam (1962-SC) Land Acquisition Act, 1894 & Assam Land ( Requisition & Acquisition ) Act 1948. Provision of Acquisition applied to requisition also.

(3) Lily Thomas Case ( 2000-SC ) S-17 ‘ Hindu Marriage Act 1955’ – Offence of Bigamy Reference to S. 494 & S. 495 of Indian Penal Code, 1860.


CONTEMPORARY OPINION

Interpretation by contemporary judges.

Expert Opinions / Commentaries by contemporary Scholars onCustom, Usage, Tradition, Personal Laws etc.

No Application post 1858 in England.

Example:- Bombay Municipal Corporation Act, 1888. Liability to pay tax on Landlord.

Counter Ruling:- TELCO Case ( 1976-SC ) ‘ Bombay Village Panchayat Act, 1933 S-89 “House” read with its rule 108 “ land & Building “. Hence “House” covers “ Factory “.


POLICY/SOCIAL POLICY BEHIND ACT

In case of a plain word, no need exists for considering policybehind the act . In complicated case sometimes policy study is important for interpretation.

Of the two interpretation – one that advances policy behind the act or curbs the mischief sought to be plugged is to be followed.


PRECEDENT

Past ruling, Predictability, Certainty, Stability of law achieved through application of Precedents.

Ratio / Essence or core reason of the judgment is mainlyImportant. Stare decisis- Ratio decidendi

Article 141 Constitution of India, 1950.

Legislatures make the law. Court declares the law. Precedent reinforces law. Only in rare cases, court makesthe law.


USE OF DICTIONARIES

Dictionary is not treated as final authority.When no help from other sources available, dictionaryprovide general guidance, help

Technical and Legal Terms

RULINGS:-

Employees State Insurance Corp. v/s TELCO (1976-SC),Word “Apprentice”, dictionary meaning followed


USE OF DICTIONARIES

RULINGS:- Dictionary meaning NOT followed

Word “ Honorarium” (1975-SC)

Alamgir v/s State of Bihar (1956-SC), word ‘Detained’in S. 498 of IPC 1860.

Ramavatar v/s Asst. Sales Tax Officer (1961), word‘ BETAL LEAVES ’ not treated as “ Vegetable “.

Motipur Zamindari Co. v/s State of Bihar (1962), word‘ SUGARCANE ’ not treated as “ Vegetables ”.


USE OF FOREIGN DECISIONS

No use when meaning is clear. However many principles of law ( like ‘natural justice’ ) are based on foreign principles.

Illustrations/Explanations in the acts are borrowed fromEnglish Laws.

Many provisions of our constitution are borrowed from otherCountries. RULINGS:- (1) A.K. Gopalan Case (1950-SC), Foreign decisions referred. (2) Ranjit Udeshi v/s State of Maharashtra (1965), S. 292 of IPC – Sale of Obscene books, Whether Obscene ? Foreign Decisions referred.


SUBTRACTION & INSERTION OF WORDS

Basic presumption is that each word in the statute isintroduced purposefully.

However if by ignoring a word, court feels that meaning does not suffer then such word is treated as ‘ subtracted ‘.

Similarly, to make the provision meaningful if court adds the missing word in the statutes then that exercise amounts to insertion of words.


USE OF GENERAL CLAUSES ACT, 1897

Consolidated Act

Definition of : (1) Act (6) India(2) Affidavit / Oath (7) Indian Law(3) Central Government (8) Person(4) Document (9) State Government(5) Immovable / Moveable Property (10) Local Authority

S-6 Effects of Repeal of Act S-13 ‘ Masculine Gender ’ & ‘Singular’

S-16 Power of Appointment

Bombay General Clauses Act, 1904.


QA&

Education

Extenal aids to construction