PARUL UNIVERSITY
FACULTY OF LAW
BA LLB
SEMESTER-V
INTERPRETATION OF STATUTE
SUBJECT CODE: 17300303
2020-21
Course Code : Course Title : Interpretation of
17300303 Course Statute Course Type : Core
Credit : 05 compulsory
Teaching & Examination scheme:
Teaching Scheme Examination Scheme
(Hrs/Week)
Credit External Internal Total
L T C Theory C Theory *C.E. C
5 0 0 5 60 - 20 20 - 100
Objectives:
This course will be taught with the following objectives :
Interpretation of statutes became a method by which judiciary explores
theintention behind the statutes.
Judicial interpretation involves construction of words,
phrases andexpressions.
To develop certain rules, doctrines and principles of interpretation.
To understand Judicial Readings & Processes
To have the understanding as how to interpret the law
To understand the law-making process
To understand legal maxims, technicality of law and its enactment
To explain the various terms used in research and give them an in-
depthknowledge of research.
This subject will guide them to do their dissertation in various fields.
Course outcome :
To understand the statue
To comprehend the role of courts and guided principles for interpretation of any statutes
To analyses the provisions of law, the growth of judicial boundaries and limitations
To outline d the statue for the interpretation of the laws
To generate the different interpretation of law
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Syllabus
UNIT DESCRIPTION IN DETAIL CREDIT WEIGHTAGE
1 Introduction
1.What is Law
a. Essential ingredients of law
b. Nature, object and function of sources of law 1 25%
c. Kinds of law
• Imperative law
• Physical Law or Law of Nature or Scientific Law
• Natural Law or Moral Law
• Conventional Law
• Customary Law
• Practical or Technical Law
• International Law
• Civil Law
• Common Law
• Statute Law
• Law of equity
• Constitutional Law Administrative Law
• Special Laws
2. Legislation
• Process of legislation
• Enacted law or statute law
• Supreme and subordinate legislation
3. Morals and Law
4. Rawl’s Theory of Justice
5. The Meaning, Object and Necessity of Interpretation
6. Interpretation and Construction
2 Presumptions in statutory interpretation
1. Presumption as to validity of statute 1 25%
Doctrine of Pith and Substance
Doctrine of colourable Legislation
Repugnancy between Central
and StateLaw
2. Presumption as to territorial
operation of thestatute
Theory of Territorial Nexus
3. Presumption as to jurisdiction
4. Presumption that legislation does not
commit anymistake
Legislature does not
use superfluouswords
Legislature bear ordinary meaning
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Legislature has knowledge of
English Grammar
5. Presumption as to re-enactment
6. Presumption as vested rights are preserved
7. Presumption that statutes are consistent
with international law
8. Presumption against retrospectivity.
3 Aids to the Construction
Internal Aids to
Construction
1. Meaning of “Aids to Construction”
2. Circumstances when Aids can be invoked 1 25%
3. Internal Aids
a. Title
b. Preamble
c. Heading
d. Marginal Note
e. Punctuation Marks
f. Illustration
g. Exception
h. Proviso
i. Explanation
j. Schedule
External Aids to Construction
a. Parliamentary History
b. Committee Reports, Law Commission Reports
c. Legislative Debates
d. Statement of Objects and Reasons
e. Constitution of India
f. Legislative History: Legislative Intention
g. Dictionaries
h. Text books
i. Translations
j. Statutes in Pari Materia
k. Subsequent Social, Political and
Economic developments and scientific
inventions
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4 Rules of Interpretation: 1 25%
1. Primary Set of Rules:
Literal Rule
Golden Rule
Mischief Rule
Harmonious Construction Rule
Rule of Reading Down
Strict and Liberal Construction
Strict Construction of Taxing or Fiscal Statutes
and Penal Statutes
Liberal Construction of Remedial Statutes
2. Secondary Set of Rules:
Rule of last antecedent
Rules of construction of general words
a. Noscitur A Sociis
b. Ejusdem Generis
c. Words of rank
d. Reddendo Singula Singulis
Non-obstante clause
Mandatory and Directory provisions
Conjunctive and Disjunctive words
same word to bear same meaning unless otherwise
intended different words are not used in same
sense.
3. Basic principles of interpretation
Intention of legislature
Ex visceribus actus
Ut res magis valeat qauam pereat
Suggested Books:
TEXT BOOKS:
Sr. Author Name of the Text Book Publisher & Edition
No
P. St. J.
1 Maxwell’s on the Interpretation of Statutes LexisNexis, 12th Ed.
Langan
2 V.P. Sarthi Interpretation of Statutes EBC, 5th Ed.
REFERENCE BOOKS:
Sr. No Author Name of the Reference Book Publisher & Edition
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1 G.P. Singh Principles of Statutory Interpretation LexisNexis, 13th Ed.
2 N.S. Bindra Interpretation of Statutes LexisNexis, 3rd Ed.
Orient Publishing
3 B.M. Bakshi Interpretation of Statutes
House
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