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1. INTRODUCTION
Laws enacted by the legislatures are interpreted by the judiciary. Enacted laws, specially the
modern Acts and Rules, are drafted by legal experts and it could be expected that the language
will leave little room for interpretation or construction. But the experience of all, who have to
bear and share the task of application of law, has been different. It is quite often observed that
courts are busy unfolding the meaning of ambiguous words and expressions and resolving
inconsistencies. The age old process of the application of the enacted laws has led to formulation
of certain rules of interpretation or construction.
By interpretation or construction is meant, says Salmond, the process by which the courts
seek to ascertain the meaning of the legislature through the medium of authoritative forms in
which it is expressed. A statute is an edict of the Legislature and the conventional way of
interpreting and construing a statute is to seek the intention of its maker. A statute is to be
construed according to the intent of them that make it and the duty of judicature is to act upon
the true intention of the legislature the mens or sentential legis.
The term interpretation means To give meaning to. Governmental power has been divided into
three wings namely the legislature, the executive and the judiciary. Interpretation of statues to
render justice is the primary function of the judiciary. It is the duty of the Court to interpret the
Act and give meaning to each word of the Statute.
The most common rule of interpretation is that every part of the statute must be understood in a
harmonious manner by reading and construing every part of it together. The maxim A Verbis
legis non est recedendum means that you must not vary the words of the statute while
interpreting it.
The object of interpretation of statutes is to determine the intention of the legislature conveyed
expressly or impliedly in the language used. In Santi swarup Sarkar v pradeep kumar sarkar, the
Supreme Court held that if two interpretations are possible of the same statute, the one which
validates the statute must be preferred.
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3.5 Preamble
The Act Starts with a preamble and is generally small. The main objective and purpose of the
Act are found in the Preamble of the Statute. Preamble is the Act in a nutshell. It is a
preparatory statement. It contains the recitals showing the reason for enactment of the Act. If the
language of the Act is clear the preamble must be ignored. The preamble is an intrinsic aid in the
interpretation of an ambiguous act.
In Kashi Prasad v State,9 the court held that even though the preamble cannot be used to defeat
the enacting clauses of a statute, it can be treated as a key for the interpretation of the statute.
3.6 Headings
A group of Sections are given under a heading which act as their preamble. Sometimes a single
section might have a preamble. S.378-441 of IPC is Offences against property.
Headings are prefixed to sections. They are treated as preambles. If there is ambiguity in the
words of a statute, headings can be referred.
In Durga Thathera v Narain Thathera, 10 the court held that the headings are like a preamble
which helps as a key to the mind of the legislature but do not control the substantive section of
the enactment.
3.7 Marginal notes
Marginal notes are the notes that are printed at the side of the section in an Act and it
summarizes the effect of the section. They are not part of the statute. So they must not be
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3.8 Exemptions
An exemption clause in a taxing statute must be, as far as possible, liberally construed and in
favour of the assessee, provided no violence is done to the language used. It is true that an
exemption provision should be liberally construed, but this does not mean that such liberal
construction should be made even by doing violence to the plain meaning of such exemption
provision. Liberal construction will be made wherever it is possible to be made without
impairing the legislative requirement and the spirit of the provision.
3.9 Provisos
The normal function of a proviso is to except and deal with a case which would otherwise fall
within the general language of the main enactment, and its effect is confined to that case. The
main function of a proviso is to carve out an exception to the main enactment. It cannot,
normally, be so interpreted as to set at naught the real object of the main enactment.
A proviso cannot be held to control the main enactment or to withdraw, by mere implication, any
part of what the main provision has given. But it cannot enable something to be done which is
not to be found in the enacting clause itself, on the ground that otherwise the proviso would be
meaningless and senseless.
There may be cases in which the language of the statute may be so clear that a proviso may be
construed as a substantive clause. But whether a proviso is construed as restricting the main
provision or as a substantive clause, it cannot be divorced from the provision to which it stands
as a proviso. It must be construed harmoniously with the main enactment.
3.10 Explanation
Sometimes an Explanation is added to a section to elaborate upon and explain the meaning of the
words appearing in the section. Such an Explanation becomes an integral part of the main
enactment.
An Explanation to a statutory provision has to be read with the main provision to which it is
added as an Explanation. An Explanation appended to a section or a sub section becomes an
integral part of it and has no independent existence apart from it. There is, in the eye of law, only
one enactment, of which both the section or sub section and the Explanation are two inseparable
parts. In the absence of anything repugnant in the subject or context, the words and expressions
used in the Explanation are to be given the same meaning as given to them in the main provision
itself.
The purpose of an Explanation is not to limit the scope of the main section. An Explanation is
quite different in nature from a proviso; the latter excludes, excepts and restricts while the former
explains, clarifies or subtracts or includes something by introducing a legal fiction.
An Explanation may be appended to a section to explain the meaning of the words used in the
section. There is no presumption that an Explanation which is inserted subsequently introduces
something new which was not present in the section before. Ordinarily, an Explanation is
inserted to clear up any ambiguity in the section and it should be so read as to harmonise it with
the section and to clear up any ambiguity in the main section.
The normal principle in construing an Explanation is to understand it as explaining the meaning
of the provision to which it is added; the Explanation does not enlarge or limit the provision,
unless the Explanation purports to be a definition or a deeming clause; if the intention of the
Legislature is not fully conveyed earlier or there has been a misconception about the scope of a
provision, the Legislature steps in to explain the purport of the provision; such an Explanation
has to be given effect to, as pointing out the real meaning of the provision all along.
The saving clause is also added in cases of repeal and re-enactment of a statute.
3.12 Non-obstante clauses
A non-obstante clause is usually used in a provision to indicate that the provision should prevail
despite anything to the contrary in the provision mentioned in such non-obstante clause. In case
there is any inconsistency or a departure between the non-obstante clause and another provision,
one of the objects of such a clause is to indicate that it is the non-obstante clause which would
prevail over the other clause.
3.13 Punctuation
There are three activities serially set out in that sub-clause, namely, construction, manufacture
or production. A comma is, therefore, legitimately and as per the rules of grammar, required after
the first activity to separate it from the second activity of manufacture. Since the second activity
is followed by the word or, no comma is required after the second activity to separate it from
the third activity. Therefore, punctuation is put as grammatically required. It does not disclose
any intention of providing for a separate kind of business altogether. Punctuation, in any case, is
a minor element in the construction of a statute. Only when a statute is carefully punctuated and
there is no doubt about its meaning can weight be given to punctuation. It cannot, however, be
regarded as a controlling element for determining the meaning of a statute.
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3.16 Schedule
The Schedules appended to a statute form part of it. They are generally added to avoid
encumbering the statute with matters of excessive details, guidelines to work out the policy of
the statute, transitory provisions, rules and forms which need frequent amendment and the like.
Much importance is not given to the forms unless they contain requirements of a mandatory
nature. Schedules form part of a statute. They are at the end and contain minute details for
working out the provisions of the express enactment. The expression in the schedule cannot
override the provisions of the express enactment.
3.17 Illustrations
Illustrations in enactment provided by the legislature are valuable aids in the understanding
the real scope.
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External aids to interpretation of statutes include Parliamentary History, Historical Facts and
Surrounding Circumstances, Later Scientific Inventions, Reference to other
Statutes (pari
materia) & Use of Foreign Decisions. Each of the above mentioned constituents of external
aids to construction have been dealt briefly in the due course of my work.
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Refer Generally, Singh G.P., Principles of Statutory Interpretation, 221 (Wadhwa and Company, Nagpur, Tenth
Edition, 2006)
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See., Sigh G.P., Principles of Statutory Interpretation, 275(Wadhwa and Company, Nagpur, Tenth Edition, 2006)
State of Punjab v. Okara Grain Buyers syndicate Ltd.,Okara, AIR 1964 SC 669.
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State of Madras v. A.Vaidyanath Aiyer,AIR 1958 SC 61
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See., Setalvad M.C., The Common Law in India , 61 as cited in Singh G.P., Principles of Statutory Interpretations,
327(Wadhwa and Company, Nagpur, Tenth Edition, 2006).
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General Electric Company v. Renusagar Power Company, (1987)4 SCC 137.
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M.V. Elisabeth v. Harwan Investment and Trading Pvt. Ltd., AIR 1993 SC 1014.
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Webliography
www.google.com (search engine)
1. www.lexisnexis.com
2. www.legalservices.com
3. www.legalsutra.com
4. www.legallyindia.com
5. www.indiankanoon.com
6. www.manupatra.org
Articles
1. http://indiankanoon.org/doc/1304152/
2. attorneygeneral.gov.mu/...Z%20Acts/.../INTERPRETATIONGENERAL...
3. www.oas.org/juridico/spanish/mesicic2_guy_interpretation_act.pdf
4. www.mpil.de/.../the_interpretation_of_laws_and_general_clauses_act.pdf.
5. lawcommissionofindia.nic.in 51-100 Report 0.pdf
6. www.opc.gov.au/calc/docs/Loophole_papers Glover Aug2011.pdf
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