Aids to Interpretation by Dr Lal Tanwani

A) Internal Aids:

1)Title

2)Preamble

3)Heading and Marginal Notes

4)Sections and Subsections

5)Punctuation Marks

6)Illustrations

7)Exceptions

8)Explanations

9)Provisos

10)Saving Clauses

11)Schedules

12)Non–Obstante Clause

 

A) Internal Aids:

A Statute is framed by the competent legislature. Besides its various sections, it contains many other parts. These parts of the Statute are sometimes used to interpret the law and hence they are called internal aids of interpretation.

 

1.Title:

Every Act is called by its own name. The short title of the Act is the nick-name given to the Act for the purpose of reference. Short title is generally given only for the purpose of the identification.

For example: The Indian Penal Code,1860.

Long title is an internal part of the Statute and is admissible as an aid to its construction. A Statute is headed by along title and it gives the description about the object of the Act.

 

2.Preamble:

The Preamble being a part of the Statute, can be read along with other parts of the Act to find out the meaning of the words in the enacting provisions and to decide whether they are clear or ambiguous.

Preamble in itself is not an enacting provision. The utility of the Preamble vanishes on the clarity of the provisions in the Act.

 

3.Headings and Marginal Notes:

Headings are given to the Sections or a set of Sections or a particular group of Sections that deal with a particular subject matter or a particular circumstances. Headings are treated as Preambles to the Sections coming under it. Headings are not inserted by the legislature, but by the Draftsman.        

 

Marginal Notes:

Marginal notes are also called side notes. In fact, they are inserted at the die of the Section. These notes give the object and purpose of the Section to which it is appended.

Marginal notes clarify the meaning of the Section. It is just like a key to the Section.

If the language of the Section is clear, marginal notes cannot be used to control the clear language of the Section.

 

4)Sections and Sub Sections:

Sections and sub-sections are the provisions of the Statute. Language of the Sections and Sub–sections depend upon the subject matter upon which Statute is framed.

Whenever any particular problem is brought before the judiciary on the particular subject matter, Sections and sub–sections of an Act which are applicable to that problem are considered and interpreted to give judgment in the case.

 

5) Punctuation Marks:

Punctuation means, the right use of the punctuation marks in a sentence.

The object of punctuation mark is to convey the clear and unambiguous meaning of the written text

 

6)Illustrations, Exceptions, Provisos and Saving Clauses:

Illustrations are inserted by the legislature and hence they are key to open the mind of framers and show their intention.

Illustrations are valuable aid in interpreting and understanding of the Section.

 

Exceptions:

Exceptions are appended to the Sections to exclude something which would otherwise fall under the purview of the Section. An exception is an exemption.

 

Provisos:

Proviso are appended to Section of the Statute. Words provided that, provided further that are used to denote the proviso.

Provisos are clauses of exceptions or qualifications in an Act.

 

Proviso is a clause, which generally contains a condition that, a certain thing shall or shall not be done in order that something in another clause shall take effect.

 

Saving Clause:

Saving clause is used to preserve certain rights, remedies or privileges already existing, from being destroyed.

Saving means all the rights of the party are preserved. No new right is conferred upon him by the saving clause.

 

7)Schedules:

Schedules attached to the Statute, form the part of the Act. Schedules are drafted by the legislature to clarify the detailed provisions of one Section or one or more sections or for entire Act.

Section 3(48) of the General Clauses Act,1897defines Schedules as, “Schedule means a Schedule to the Actor Regulation in which the word occurs.”

Schedules are placed at the end of the Act. Schedules deal with the manner in which the rights or claims under the Act are to be asserted.

 

8)Non–obstante Clause:

Non-obstante clause is a device of the legislature. It gives the over riding effect to some provisions of an Act and overcomes contrary provisions that may be found in the same enactments or some other enactment.

Non-obstante clause is incorporated to avoid the effects and operation of all the contrary provisions.

 

II)External Aids:

The aids of interpretation which are not parts of the Statute, are known as External or Extrinsic Aids of interpretation. When the Statute is ambiguous, help can be taken from the External Aids to interpret the Statutes.

 

1)Dictionaries: Dictionaries is an External Aid of interpretation. When a word used the Statute, is not defined in the Act, reference can be made to a dictionary to find out the meaning of the word in general sense which is commonly understood. Whenever the Court needs to understand the general sense of the word, reference to dictionary can be made.

 

2)Translations: Translations means, the transformation of text from one language to another. From English to Hindi or vice-versa. As per Article 348 of the Constitution of India, the language of the Supreme Court and every High Court shall be English. As per Article 348(1)(b) an Authoritative Text shall be in English.

 

3)R. Travaux Preparation: It includes parliamentary history, public opinion and surrounding circumstances. R. Travaux Preparation includes 3 things in its fold. They are:

a) Surrounding Circumstances

b)State of the law and

c)Parliamentary history.

All the tree aspects taken together for interpretation is known as R. Travaux Preparation.

 

4)Statutes in Pari Materia:

The word pari means same and materia means matter. Thus together the word pari materia, means the Statutes dealing with the same subject matter or forming the part of the same system.

When the Statute is ambiguous, the intention of the legislature may be determined from the Statutes in pari materia i.e. the Statutes dealing with the same subject matter.

5) Contemporanea Expositio:

It is  based on the maxim which is as under:

“Contemporanea exposition est optima environment fortissima in lege. It  means that, the best way to construe a document, is to read it as it would have read when made.

This maxim means, usage or practice developed under the Statute, indicates the meaning assigned to its words by contemporary opinion. Contemporanea Expositio is an important External Aid of interpretation of Statutes.

6)Debates, Inquiry Commission Reports, and Law

Commission Reports:

Debates:

Any Act before it is passed, is thoroughly discussed on the floor of  the Parliament or the State legislature. Traditionally the Courts used to consider the legislative debates or a Statute to know its true context. But in modern times, such debates are not admitted as an aid to interpretation.

Inquiry Commission Reports:

A Commission may be appointed by the Parliament to inquire in to the evil or defect, for which the Parliament wants to enact a law. The Inquiry Commission studies the prevalent circumstances about the defect and submits its report to the Parliament.

The Parliament on the report of the Inquiry Commission, drafts the Bill to remedy the defect.

Law Commission Reports:

The function of the Law Commission is to monitor the working of the enactment.

Law Commission submits its report to the legislature from time to time. Based on the report of the Law Commission, Parliament decides about the Amendment, Repeal, etc. of the Act.

When the Law Commission submits its report to the Parliament, it becomes the accurate source of information or determination of the defect that is remedied by enacting the law.

 - Lal Tanwani