Open Access Research Article
INTERNAL AND EXTERNAL AIDS OF INTERPRETATION OF STATUES IN BRIEF
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Article Details
“INTERNAL AND EXTERNAL AIDS OF INTERPRETATION
OF STATUES IN BRIEF”
AUTHORED BY - ADWAIT DWIVEDI
ROLL NO. 18
LL.M (1st year 2nd Semester)
PROGRESSIVE EDUCATION SOCIETY'S MODERN
LAW COLLEGE, PUNE
SAVITRIBAI PHULE PUNE UNIVERSITY,
PUNE
(2023-24)
ABSTRACT
Understanding and applying laws can
be challenging, especially when the wording is unclear or open to different
interpretations. This article looks at how internal and external aids help in
interpreting laws. Internal aids are clues within the law itself, like its
language, structure, and context. External aids include sources outside the
law, such as previous court decisions, legislative history, and expert
opinions. The article explores how these tools help legal professionals clarify
the meaning of laws and make fair decisions. By using these aids, lawyers and
judges can better understand the intent behind laws and apply them more
effectively.
Keywords: Statutory interpretation,
Internal aids, External aids, Law language, Context, Precedents, Legislative
history, Legal decisions, Fair application, Legal clarity
INTRODUCTION
When a word employed in a statutory
provision bears more than one meaning, the court has to determine which of them
best manifests the legislative intent determine which of them best manifests
the legislative intent. In the process of ascertaining correct meaning of an
ambiguous word, the courts may seek necessary help from the various parts of
the same statute or may refer to some other statute or document or the facts
leading to enactment. Such assistance is known as "aid to
construction". For the purpose of construction or interpretation, the
court has to take recourse to various internal and external aids. Internal aids
mean those materials which are available in the statute itself, though they may
not be part of enactment. These internal aids include, long title, preamble,
headings, marginal notes, illustrations, punctuation, proviso, schedule,
transitory provisions, etc. When internal aids are not adequate, court has to
take recourse to External aids. External Aids may be parliamentary material,
historical background, reports of a committee or a commission, official
statement, dictionary meanings, foreign decisions, etc. the dictionary meaning
of the term aid is help or assistance. Therefore the expression aid to
construction would mean the help or assistance sought by the courts for
construction of an ambiguous word. The prime object of interpretation is to
draw true intention of Legislature from the words itself employed in the language
of a provision. But where the words suffer from ambiguity, it is necessary to
remove the same by construing it, so that legislative intent can be given
effect to. When a word used by the Legislature in a statutory provision bears
more than one meaning, it is to be determined which of those meanings is true
one in the context. For arriving at the true sense of such ambiguous word, the
courts may examine each meaning given out by that word and finally adopt that
meaning which is in tune with the legislative intent. In this process, for
ascertaining correct meaning of an ambiguous word, the courts may seek
necessary help from the text of the same statute or may refer to some other
statute or document or the facts leading to enactment. Such assistance is known
as "aid to construction”.
KINDS OF AIDS IN THE INTERPRETATION
The aid or assistance for construing
a statutory provision can be taken broadly from two sources. Firstly, from the
same statute book and secondly, from any outside source like other statutes or
documents etc. In the former case, for the purpose of ascertaining the true
sense of an ambiguous word, the courts seek assistance from various parts of
the same statute book such as its title, preamble, heading, definition clause,
proviso, explanation etc. The courts do not look for anything outside that
enactment and confine themselves to the same statute book, the provision of
which is being construed. Since the assistance is sought internally i.e., from
within four corners of the same statute, such aids are known as "Internal
Aids to Construction". However, if the ambiguity is not resolved by
resorting to internal aids, the courts may, in their quest to interpret a
provision, step out of the statute book and consult other laws on the subject
or other relevant documents to throw light on the correct meaning of an
ambiguous word. Since this assistance is sought from outside sources, it is
called "External Aids to Construction".
In short, there are two kinds of
aids, viz., (a) internal aids in which various parts of the same statute book
are utilized such as its title, preamble, heading, definition clause, proviso,
explanation etc. and (b) external aids which are taken from any outside source
like other statutes or documents etc.
When aids to construction can be
legitimately invoked
The
aids to construction can be pressed into service when the words of a provision
are ambiguous giving rise to alternative constructions and when plain, ordinary
and natural meaning is assigned to such words, the result is unintended or
absurd or undesirably against the policy or object of the statute or it fails
to effectuate the legislative intent.
In State of Maharashtra v. Marwanjee
F. Desai,[1]
the Supreme Court held that true intent of the Legislature shall have to be gathered
and deciphered in its proper spirit having due regard to the language used
therein. Statement of objects and reasons is undoubtedly an aid to construction
but that by itself cannot be termed to be and by itself cannot be interpreted.
It is a useful guide but the interpretations and the intent shall have to be
gathered from the entirety of the statute and when the language of the sections
providing an appeal to a forum is clear and categorical, no external aid is
permissible in interpretation of the same.
INTRINSIC
OR INTERNAL AID
1) CONTEXT
In interpreting a legislation which is
ambiguous, the context has to be taken into account to deal with dubiousness,
Blackstone has in his Commentary on interpretation, observed: if words happen
to be still dubious, we may establish their meaning from the context with which
happen it may be are of singular use to compare a word, or a sentence, whenever
they ambiguous, equivocal, or intricate."
A carefully drafted statute demands
the consideration of every word of the contemplated enactment in its relation
to the accompanying language, and the words and phrases occurring in the
statute are not to be detached dissociated from the context.[2]
The context, as observed by Lord Simonds in Attorney General v. Prince
Augustus,[3]
includes not only other enacting provisions of the same statute, but its
preamble, the existing state of the law, other statutes in pari materia and the
mischief which the statute, discerned from those and other legitimate means,
was intended to remedy.
2) TITLE
Title is an important part of the
statute. It is given on the top of the statute book. Earlier, title was not
considered to be a part of enactment the as such it was not utilized for the
purposes of interpretation, but now the situation has changed. JUSTICE S.R. DAS
observed, that it is now well settled law that the title of a statute is an
important part of the Act and may be referred to for the purpose of
ascertaining its general scope and of throwing light on its construction,
although it cannot override the clear meaning of an enactment.
Like other books or documents, the
title of a statute gives a fairly good idea as to what subject matter the
statute deals with or what is contained in the enactment. Yet, the true nature
of law is to be determined by its substance and not alone by the name or title
given to it. In construing a statute, guidance may be taken from its title but
it can neither be used to narrow down or restrict the plain meaning nor can be
granted overriding effect on clear meaning of an enactment.
There are two kinds of titles in most
of the statutes, viz., "Short title" and "Long title".
SHORT TITLE:
Short title may be considered to be a
nick name. According to LORD THERING, every Act of Parliament should have the
short title ending with the year which it has been passed For example, The Code
of Criminal Procedure, 1973 and "The Code of Civil Procedure, 1908"
are short titles of these Acts.
The short title is always given on
the top of the statute book. An Act or Regulation may be cited by reference to
its short title. The object of short title is identification and not
description. Like from the short title act of The Consumer Protection Act,
1986", one can identify that this is an Act relating to protection of
consumer rights. Similarly, "Indian Contract Act, 1872” reveals that this
is an Indian Act relating to contract.
LONG TITLE:
The long title of an Act is mentioned
in the statute book in small letters below its short title and before its
preamble. The long title generally starts with the words "An Act…..".
For example, the long title of the Code of Criminal Procedure, 1973 is "An
Act to consolidate and amend the law relating to criminal procedure". The
Supreme Court Advocates (Practice in High Courts) Act, 1951 bears long title
"An Act to authorize Advocates of Supreme Court to practice as of right in
any High Court". The long title of Consumer Protection Act, 1986 is
"An Act to provide for better protection of the interests of consumers and
for that purpose to make provision for the establishment of Consumer Councils
and other authorities for the settlement of consumer disputes and for matters
connected therewith". The long title of the Code of Civil Procedure, 1908
is "An Act to consolidate and amend law relating to the procedure of
courts of civil judicature".
3) PREAMBLE
Preamble is a statement given in the
statutes in the beginning. It is s part of the Act and sets out its scope, object
and purpose. It provides a summary of the statute. It reflects the gist of law.
It is an expression of intention of Legislature in bringing out the enactment.
It conveys the main objectives which the legislation is intended to achieve. It
is a sort of introduction to the statute. For example, the preamble to
Constitution of India declares "We the people of India having solemnly
resolved to constitute India into a sovereign, socialist, secular democratic,
republic, and to secure to all its citizens Justice-social, economic and
political, Liberty of thought, expression, belief, faith and worship, Equality
of status and opportunity and to promote among them all Fraternity assuring
dignity of the individual and the unity and integrity of the nation". This
preamble itself reveals what the Constitution is directed to, what is the
target to be achieved, and what is the goal strived for.
In Maharashtra Land Development
Corporation v State of Maharashtra,[4] it
was held that the preamble of the act is a guiding light to its interpretation.
4) DEFINITION OR INTERPRETATION CLAUSE
The definition provides the meaning
of the words used in the statute 50 as to avoid any uncertainty of the meaning
of that word. In fact, definition settles the meaning of a particular word. A word
which is defined in the Act shall bear the meaning according to its definition
and shall be assigned same meaning everywhere it appears in that enactment if
context remains the same. Since definition helps in interpreting a particular
word, it is also termed as the interpretation clause.
KINDS OF DEFINITION:
i)
Restrictive
or Exhaustive definition
ii)
Inclusive
or Extensive definition
iii)
Ambiguous
definition.
5) HEADINGS
In all modern statutes, generally
headings are attached to almost each section, just preceding the provisions.
For example, the heading of section 437 of the code of criminal procedure, 1973
is "When bail may be taken in case of non-bailable offence".
Headings are not passed by
Legislature but they are subsequently inserted after the Bill has become law.
Headings are of two kinds, one those
which are prefixed to a section and the other which are prefixed to a group or
set of sectioned
Headings can be called in aid while
construing a section but the importance attached to headings as internal aid to
construction has been differently described by two groups of thought. One group
says that heading is to be regarded as preamble to the provisions following
them and providing key to interpretation of clauses arranged under it. But
other group says that headings can only be taken when enacting words are
ambiguous.
6) MARGINAL NOTES
Marginal notes are those notes which
are printed on the side of a section, generally in a fine or small print. These
notes summarize the of the section. effect.
In the past, the marginal notes were
also referred to as the aid of construction, but now, as per majority opinion,
they are not considered to be helpful. The reason is that in most of the cases
the marginal notes are inserted by draftsmen and not by Legislators and not
even under the instructions of Legislature[5].
In other words, marginal notes are not enacted part of the statute and are
mostly subsequently inserted to summarize the section and as such, they do not carry
authority of law for interpreting any statutory provision.
In Balraj Kunwar v. Jagatpal Singh[6],
LORD MACNAGHTEN observed that marginal notes to a section of an Act of
Parliament cannot be referred to for the purposes of construing the Act. The
opinion that marginal notes can be used for interpretation had originated by
mistake and has been exploded long ago.
In Commissioner of Income Tax, Bombay
v. Ahmedbhai Umarbhai and Co., Bombay,[7]
JUSTICE PATANJALI SHASTRI observed that marginal notes cannot be referred to
for the purpose of constructing the statute.
7) ILLUSTRATION
Sometimes illustrations are appended
to a section of the statute in order to explain the provisions of law contained
in that section.
For example, Section 7 of the Indian
Evidence Act, 1872 provides "Facts which are the occasion, cause or
effect, immediate or otherwise, of relevant facts, or facts in issue, or which
constitute the state of things under which they happened, or which afforded an
opportunity for their occurrence or transaction, are relevant". The
illustration (a) appended to this section says "The question is, whether A
robbed B. The facts, that shortly before robbery, B went to a fair with money
in his possession, and that he showed it, or mentioned the fact that he had it,
to third persons are relevant". Similarly, the illustration (b) appended
to this section says "The question is, whether A murdered B. Marks on
ground, produced by a struggle at or near the place where the murder was
committed, are relevant facts".
It may be appreciated from above
examples that the purpose of illustration is to make the meaning of the section
abundantly clear by giving examples.
As regards use of illustrations as
internal aids to construction, they are considered to be good and valid aids as
they help to elucidate the principle of the section. However illustrations
cannot be used to defeat the provision or to modify the language of the
section. This is reflected by a legal maxim "Exampla illustrant,
non-restringent legem" which means that examples only illustrate but do
not narrow the scope of a rule of law.
In Mohomed Sydeol Ariffin v. Yeah Oai
Gark,[8] it
was held that the illustrations are of relevance and value in the construction
of the text of the section, although they do not form part of the section.
Therefore they should not be readily rejected as repugnant to the sections.
In Mahesh Chandra Sharma v. Raj
Kumari Sharma (Smt.),[9] it
was held that illustration to the section is a part of the section and help to
elucidate the principle of the section.
8) PROVISO
In some sections of a statute, after
the main provision is spelled out, a clause is added, with the opening words
"provided that......
For example, Section 23 of Consumer
Protection Act says "Any person aggrieved by an order by the National
Commission in exercise of its powers conferred by sub-clause (i) of Clause (a)
of Section 21, may prefer an appeal against such order to the Supreme Court
within a period of thirty days from the date of order:
Provided that the Supreme Court may
entertain an appeal after the expiry of the said period of thirty days if it is
satisfied that there was sufficient cause for not filing it within that
period."
9) EXPLANATION
In some sections, explanation is
appended after the statutory provisions. An explanation is considered to be
part and parcel of the enactment. There can be many reasons for adding an
explanation, e.g., to explain the meaning of words contained in a section and
to remove doubts, to include something in the ambit of main enactment or to
exclude something from it, to clarify any obscurity or vagueness in the main
enactment, to make explicit that which is implicit, to render patent and
obvious that which is latent. While construing a provision, the explanation
attached to it should not be neglected. The function of an explanation is to
explain and not to enlarge or widen ambit of the section or rule. An
explanation should be read with a view to harmonize and clear up ambiguity of
the provisions of the section or rule. However, the explanation should be
restricted to the purpose for which it has been created and should not be
stretched beyond that legitimate field. It cannot be used to curtail or enlarge
the scope of the section. It can neither control the plain meaning of words of
the section nor can have the effect of modifying the language of the section.
10) SCHEDULES
In many statutes, the Schedules are
added in the end of the enactment. Schedules are considered as a part of the
statute.[10] They
provide as to how claims under the Act can be enforced or as to how the powers
vested by virtue of the statute are to be exercised and contain prescribed forms
for working out the policy underlying the sections of the statute. The purpose
of attaching Schedule in an enactment is to avoid encumbering the sections with
matters of excessive details. Much importance is not attached to Schedules but
where the words in a statute are doubtful and uncertain in meaning, Schedule
may be used for throwing light on the section to determine its meaning.
EXTRINSIC
OR EXTERNAL AIDS
External aids to interpretation of
statutes are tools and resources outside the text of a law that help judges and
lawyers understand its meaning. When outside sources like other statues or
documents etc. are called in aid for the purpose of construing a provision, it
is called external aids to the construction. Various external aids to
construction and their usefulness are stated below.
1) PARLIAMENTARY HISTORY
Legislature enacts the law. All the
records created in the process of enactment including Reports of Commission,
Inquiry committee, Joint Parliamentary Committee or Study Group; Debates on a
Bill in the process of its passing, and Statement of Objects and Reasons accompanying
a Legislative Bill constitute "Parliamentary History". The English
Traditional view outright rejected Parliamentary History as a good aid to
construction. The speech of Minister and the debates held in the Parliament
while discussing the Bill were not used for finding out legislative intent. The
report of a committee presented to Parliament prior to enactment could not be
relied upon for finding out the intention of Legislature but it could be used
for finding out the state of law and surrounding circumstances at the time of
passing of the Act and the mischief intended to be remedied by the Parliament.
This English Practice was criticized on the grounds that the true spirit of law
lies in its reason and if the disease sought to be cured and purpose of law is
known, the ambiguity can be resolved in best possible manner. Since these
reports declare the reason of law, they should be used for deducing true
legislative intent. The modern view holds that the parliamentary material is
the background material which unfolds the position of common law, the mischief
for which the common law did not provide and defects or shortcomings in the
common law due to which it failed to effectively control the mischief. The
object of new law is to remedy the mischief reflected in the parliamentary
material and the intention of Legislature can be drawn from such material.
Therefore, instead of rejecting it outright, it should rather be utilized for
gathering the legislative intent and for resolving the ambiguity. Reference to
parliamentary material should be permitted to interpret ambiguous or obscure
provisions. Clear and unambiguous statements made by ministers in Parliament
are as much the background to the enactment of the legislation as white papers
and parliamentary reports.
In Black Clawson International Ltd. v. Papierwerke Waldhof
Aschaffenburg, A.G.,[11]
it was held by the House of Lords that the report of a committee presented to
Parliament prior to enactment could be looked for finding out the state of law
at the time of passing of the Act and the mischief intended to be remedied by
the Parliament but the same report could not be relied upon for finding out the
intention of Legislature.
2) HISTORICAL FACTS AND SURROUNDING
CIRCUMSTANCES
The state of affairs prevailing at
the time of passing o passing of law are called "Historical Facts and
Surrounding Circumstances". In Heydon's case it was laid down that for the
sure and true interpretation of all statutes, four things are to be considered
(a) what was the common law before the making of the Act (b) what was the
mischief and defect for which the common law did not provide (c) what remedy
the Parliament had resolved to cure the disease and (d) true reason of the
remedy; and the judges shall always make such construction as shall suppress
the mischief and advance the remedy. Therefore, to understand the object and
purpose of the statute, the Court may take into account the historical facts
which existed at the time of passing the statute. The court is also entitled to
consider the surrounding circumstances prevailing at the time of enacting a
statute. In the construction of statutes, it is permissible to have regard to
the state of things existing at the time the statute was passed and to the
evils which it was designed to remedy. However, it must be noted that
historical interpretation cannot be adopted in every case.
3) DICTIONARIES
The purpose of a dictionary is to
provide meanings of a word. If a word is strange, dictionary may be referred to
get its various meanings. However, to decide which meaning should be adopted,
the assembly of words in which that particular word is employed and the context
in which that particular word has been used shall be guiding factors.
Dictionaries can be taken as safe guides for finding out meanings of such words
as are not defined in the statute. However, dictionaries are not final words on
interpretation. The words take colour from the context and the setting in which
they have been used. It is permissible to assign a meaning or a sense restricted
or wider than one given in the dictionaries depending on scheme of legislation
wherein word has been used. The court would place such construction on meaning
of the words as would enable the legislative intent being effectuated. Where
object of legislation is to prevent a mischief and to confer protection on
weaker sections of the society, the court would not hesitate in placing an
extended meaning, even a stretched one, if in doing so, the statute would
succeed in attaining the object sought to be achieved. In most of the modern
statutes, the meanings of the words are provided in definition clause. The very
object of definition is to make clear the meaning and scope of words used. If a
word is not defined in the statute, dictionary may be consulted and a meaning
may be selected having regard to the context. But where the expression is
defined, it will have same meaning and dictionary meaning shall be of no help.
Similarly, dictionary meaning cannot be adopted when a plain reading of the
provision brings out what was intended.
4) TEXT BOOKS
Where the language of the statue is
not precise and words employed therein are capable of bearing more than one
meaning, the text books may be referred to resolve the ambiguity. The
exposition or the analysis of statute by a text writer of repute may also help
to understand the meaning of an enactment and hence may be consulted for the
meaning of the ambiguous word or language. However, books shall not bind the
court in any manner. It shall be the discretion of the court either to accept
or to reject the meaning given in the text book. ascertaining
5) STATUTES IN PARI MATERIA
"Pari" means same.
"Materia" means "Subject matter". Therefore "Statutes
in pari materia" refers to those statutes which relate to same subject
matter. Two statutes are said to be in pari materia when they deal with same
subject, person or thing. Help of a related provision in another Act may be
taken in construction of a provision if the two statutes are on the same
subject. Two related provisions in different Acts in pari materia may be read
together for the purposes of construction and for arriving at the true intent
of Legislature. The statutes in pari materia can be lawfully referred to
ascertain the meaning of an ambiguous word. If two statutes are not in pari
materia, help of one cannot be taken to interpret another. The meaning of an
uncertain word cannot be imported from any other statute. Only the statute in
pari materia could be pressed into service. The basis of this rule is the
presumption that where the same words are used in similar connection in two
statutes on the same subject matter, they are intended to convey the same
meaning. Similarly, where the words used in a statute have been once
interpreted and certain meaning has been assigned to them and the same words in
similar context are again used by the Legislature in a subsequent enactment,
then those words must receive same interpretation. But this rule shall not be
applicable when the decisions on earlier Acts are inconsistent. This rule
avoids contradiction between a series of statutes dealing with the same
subject; allows use of earlier statute to throw light on the meaning of a
phrases used in later statute in the same context and permits a presumption
that the meaning of the same word in later statute is same as it was in earlier
one, if context remains the same.
6) HELP FROM EARLIER STATUE
When a word of a statute has been
assigned a particular meaning by the court and the Legislature repeats the same
word in the same context in a subsequent legislation, it is presumed that the
Legislature has reproduced it intentionally so as to bear the same meaning.
Therefore to decipher the meaning of an ambiguous word, help may be
legitimately sought from the statutes enacted earlier. Legislature is competent
to amend an existing law by passing an Amending Act and replace certain
provisions or add new sections to the statute or alter the language of a
section. The Legislature may also substitute existing words or add new words.
After amendment, a statute is to be read and construed with reference to the
new provisions.
7) CODIFYING STATUE
It is a statute which presents an
orderly and authoritative statement of the leading rules of law on a given
subject. The codifying statute exhaustively states the entire law on a
particular subject. A Code is self-contained and complete. When the Code covers
a situation, it is not permissible to apply general principles. The court has
to proceed on the mandate of the Code only. While construing a codifying Act,
the language used in the Act should be examined without any reference or
influence of previous law.
8) CONSOLIDATING STATUE
It is a statute which consolidates
various laws on a particular subject at one place. It collects all statutory
enactments on a specific subject and gives them a shape of one statute. After
consolidation, the former statutes stand repealed. A consolidating statute is
not intended to alter the law and therefore it is relevant to refer to the
previous state of law or to judicial decisions interpreting the repealed Acts
for the purposes of construction of corresponding provisions in consolidating
Act. The provisions in a consolidating Act may have their origin in different
legislations. If there is any inconsistency between two such provisions,
respective dates of their first enactment may be referred to. The language used
in the consolidating Act itself must be examined without any reference to
repealed statutes. If consolidating Act fails to provide guidance as to its
proper interpretation, the repealed enactments may be looked to.
9) INCORPORATION OF EARLIER ACT INTO
LATER
Sometimes reference of an earlier Act
is made into a later Act. The intendment is to operate certain provisions of an
earlier statute for the purpose of a later Act without reproducing them in such
later Act. This is known as "incorporation". In such cases, the exact
language of the provision is to be imported from an earlier Act referred
therein. When the provisions of an earlier Act are incorporated by reference
into a subsequent legislation, they become part and parcel of the later Act as
if they had been actually written in it with pen or printed in it or bodily
transposed into it. The net result of such incorporation is that an
interpretation attributed to the language of the earlier Act shall be
applicable to subsequent legislation as well. If the earlier Act which is
incorporated in a later Act is amended or repealed, it shall have no effect on
the later Act.
In C.M. Paramasivam v. Sunrise Plaza,[12]
it was held that "legislation by incorporation" is a device
legislatures often resort to for convenience. The legislation by incorporation
has the effect that the provisions so incorporated are treated to have been
incorporated in subsequent legislation for the first time. Provisions so
incorporated become an integral part of the incorporating statute.
10) REPORTS OF COMMISSION, INQUIRY COMMITTEE,
JOINT PARLIAMENTARY COMMITTEE OR STUDY GROUP
Sometimes, before introducing a Bill
in the Parliament for a proposed law, the Government appoints a Commission or
an Inquiry Committee or a Joint Parliamentary Committee (JPC) or a Study Group
(SG) for collecting the background information leading to legislation. The
terms of reference of such Commission or Committee or JPC or SG are determined.
The purpose of constituting such Commission or Committee or JPC or SG is to
take stock of prevailing circumstances and the evils which need to be cured by
way of enactment. Such Commission or Committee or JPC or SG is asked to submit
its report to the Government within a stipulated time. Sometimes Government
itself issues a "White Paper" in which the facts leading to enactment
of a statute are contained in detail. The question remains what is the
evidentiary value of such reports or white paper and whether they can be
pressed into service for ascertaining the meaning of a word used in the language
or for construing a statutory provision of the enactment which came to be
passed in the light of such reports/white paper.
In several cases, the Supreme Court
referred to such reports for understanding the surrounding circumstances and
the mischief prevailing at the time of passing of the Act. This could enlighten
the purpose for which law was made. And if the purpose of enactment is clear,
it becomes easier to arrive at the true legislative intent and to attribute
meaning to a word or expression or to resolve an ambiguity in the language.
USE OF REPORTS OF COMMISSION, INQUIRY
COMMITTEE, JOINT PARLIAMENTARY COMMITTEE OR STUDY GROUP FOR RESOLVING AMBIGUITY
Some examples in which the reports of
Commission, Inquiry Committee, Joint Parliamentary Committee or Study Group
were considered are cited below:
In C.I.T., M.P. v. Sodra Devi,[13]
it was held by the Supreme Court that the words “any individual” and “such
individual” appearing in section 16(3) were restricted in their meaning to
males only. In holding so, Income Tax Enquiry Report was referred to.
In Shriram Chits and Investments (P.)
Ltd. v. Union of India,[14]
the validity of Chit Fund Act, 1982 was in question. Supreme Court referred to
the report of the Banking Committee prepared in 1972, the report of the Select
Committee of Parliament, the report of the Study Group on Non-Banking Financial
Intermediaries constituted by the Banking Commission and the report of Raj
Committee. In consideration of all these reports, the Supreme Court upheld the
reasonableness and validity of Chit Fund Act, 1982.
11) FOREIGN DECISIONS OR FOREIGN JUDGEMENTS
By foreign decisions we mean those
judicial decisions which have been delivered by the courts of other countries.
The question is how far the judgments of foreign courts can be relied upon and
what is the importance attached to such judgments in the matters before Indian
courts.[15]
No doubts can be raised as to the authority of precedent. A precedent means a
preceding instance or case which may serve as an example for or justification
in subsequent cases. It is an established rule to abide by former precedents,
where the same points came in litigation, so as to keep the scale of justice
even and steady. Whether foreign decisions can serve as precedent before Indian
courts and whether they have binding force, is the matter of discussion. In the
pre-constitution period, references were frequently made to English decisions.
When the language was not clear in an Indian statute, knowledge of English law
was used. But as the treasure of Indian precedents got enriched, the dependence
on English decisions reduced. At present, there are rare occasions when the
foreign decisions are called in aid.
THE USE OF FOREIGN DECISIONS IS
PERMISSIBLE. HOWEVER, THERE ARE CERTAIN CONDITIONS IN THIS REGARD.
(a) The foreign judgments sought to
be referred must be of those countries which follow same system of
jurisprudence.
(b) Prime importance is to be given
to the language of Indian statute, circumstances and setting in which it was
enacted and Indian conditions where it is to be applied.
(c) There should be similarity in
political thought of India and that country, the decision of the court of which
is being relied.
In Liverpool and London S.P. and I.
Assn. Ltd. v. MV Sea Success I.,[16]
it was held that the Supreme Court is not bound by foreign (American) court
decisions and those decisions have only persuasive value. But the court can
borrow the principles laid down in a foreign decision, if the same are in
consonance with Indian law keeping in view the changing global scenario.
In Union of India v. Naveen Jindal,[17]
it was held that although interpretation of Constitution of India should be
primarily based on materials available in India, relevant rules of other
countries can be looked into for guidance.
In G. Sundarrajan v. Union of India,[18]
the Supreme Court interpreted the Civil Liability for Nuclear Damage Act, 2010
by considering foreign laws such as US Price-Anderson Act, 1957, German Atomic
Energy Act (1959), Swiss Federal Law on the Exploitation of Nuclear Energy for
Peaceful Purposes and Protection from Radiation (1959) and Japanese Law on the
Compensation of Nuclear Damage (1961) and the judicial decisions made on those
laws.
12) REFERENCE
2) INERPRETATION OF STATUES BY “D.N.
MATHUR.”
3) INERPRETATION OF STATUES BY “DR M.P.
TANDON.”
4) AIR 2004 SC
5) AIR 1950 SC
[1] (2002) 2 SCC 318: AIR 2002 SC 456.
[2] INTERPRETATION OF STATUES BY DR M.P.
TANDON.
[3] (1957) 1 ALL E.R. 49,53.
[4] (2010) 11 SCC 675.
[5] INTERPRETATION OF STATUES BY ‘D.N.
MATHUR’
[6] ILR 26 ALL 393 PC.
[7] AIR 1950 SC 134
[8] 43.IA 256.
[9] AIR 1996 SC 869
[10] INTERPRETATION OF STATUES BY D.N.
MATHUR
[11] 1975 1 ALL ER 810 HL.
[12] 2013 9 SCC 460: AIR 2013 SC 2941
[13] AIR 1957 SC 832.
[14] AIR 1993 SC 2063.
[15] INTERPRETATION OF STATUES BY D.N.
MATHUR.
[16] (2004) 9 SCC 512.
[17] (2004) 2 SCC 510.
[18] (2013) 6 SCC 620.
Article Information
INTERNAL AND EXTERNAL AIDS OF INTERPRETATION OF STATUES IN BRIEF
Authors: ADWAIT DWIVEDI
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/29
- Issue 7
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International Journal for Legal Research and Analysis
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