INTERPRETATION OF STATUTES- 2 Marks Question/ Answers

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

INTERPRETATION OF STATUTES - 2 MARKS QUESTION / ANSWERS-

Tanmoy Mukherji

Advocate

1.Supreme Legislation:

Supreme legislation is law made by the supreme law-making authority of a sovereign State which cannot be controlled by any other authority.

Example: Acts passed by Parliament in India.

2.Subordinate Legislation:

Subordinate legislation means laws made by authorities under powers delegated by Parliament or Legislature.

Example: Rules, regulations, by-laws.

3.Codifying Legislation:

Codifying legislation consolidates and arranges existing laws systematically into one code.

Example: Indian Penal Code, 1860.

4.Consolidating Legislation:

Consolidating legislation combines different statutes on the same subject into one Act.

Example: Transfer of Property Act.

5.Amending Legislation:

Amending legislation changes, modifies or repeals existing law. Example: Constitution Amendment Acts.

6.Declaratory Legislation:

Declaratory legislation removes doubts regarding existing law.

7.Long Title:

Long title explains the purpose, scope and object of the statute.

8.Short Title:

Short title provides the abbreviated name of the statute. Example: IPC, CPC.

9.Marginal Notes:

Marginal notes are short notes written on the side of sections indicating the subject matter.

10.Heading:

Heading indicates the subject and content of chapter or section.

11.Punctuation:

Punctuation helps determine the grammatical meaning of a statute.

12.Proviso:

Proviso creates an exception or qualification to the main provision.

13.Doctrine of Severability:

 If invalid part of statute separable from valid part, only invalid portion becomes void.

Case: R.M.D. Chamarbaugwala Case.

14.Doctrine of Eclipse:

Pre-constitutional law inconsistent with Fundamental Rights becomes dormant, not dead.

Case: Bhikaji Narain v. State of MP.

15.Doctrine of Waiver:

A person voluntarily abandons a legal right.

16.Colourable Legislation:

What legislature cannot do directly; it cannot do indirectly.

17.Perpetual Statute:

Perpetual statute remains in force until repealed.

18.Temporary Statute:

Temporary statute remains effective only for a specified period.

19.Inclusive Definition:

Inclusive definition enlarges the ordinary meaning of a word. Example: "Includes".

20.Exhaustive Definition:

Exhaustive definition completely defines the meaning of the term. Example: "Means".

21.Extensive Definition:

Extensive definition expands the scope of expression beyond ordinary meaning.

22.Restrictive Definition:

Restrictive definition narrows the ordinary meaning of the word.

23.Non-Obstante Clause:

Non obstante clause overrides conflicting provisions.

Example: "Notwithstanding anything contained...".

24.Mens Rea:

Mens rea means guilty mind or guilty intention.

25.Statutes in Pari Materia:

Statutes dealing with the same subject matter are called statutes in pari materia.

26.Legal Fiction:

Legal fiction assumes something false as true for legal purpose.

27.Prospective Operation:

Prospective statute applies to future transactions only.

28.Retrospective Operation:

Retrospective statute applies to past transactions also.

29.Contemporanea Expositio:

Contemporanea Expositio means contemporary interpretation by authorities at the time statute enacted.

30.Mandatory Provision:

Mandatory provision requires strict compliance.

31.Directory Provision:

Directory provision requires substantial compliance only.

32.Conjunctive Words:

Conjunctive words connect expressions jointly.

Example: "And".

33.Disjunctive Words:

Disjunctive words separate expressions alternatively.

Example: "Or".

34.Internal Aids:

Internal aids are aids found within the statute itself.

Examples: Preamble, heading, proviso.

35.External Aids:

External aids are materials outside the statute used for interpretation.

Examples: Parliamentary history, dictionaries.

36.Use of Foreign Decisions:

Foreign judgments may be used as persuasive authority in interpretation.

37.Use of International Treaties:

Courts may use international conventions to interpret domestic statutes where no inconsistency exists.

38.Literal Rule:

Words must be given their ordinary grammatical meaning.

Case: Sussex Peerage Case.

39.Golden Rule:

Modification of literal meaning to avoid absurdity.

Case: Grey v. Pearson.

40.Mischief Rule:

Court examines the defect or mischief the statute intended to remedy.

Case: Heydon's Case.

41.Ejusdem Generis:

General words following specific words take meaning from the same class.

42.Noscitur a Sociis:

Meaning of a word is understood from its surrounding words.

43.Reddendo Singula Singulis:

Words in a statute are distributed and referred to their respective subjects.

44.Ut Res Magis Valeat:

Interpretation should make the statute effective rather than void.

45.Sententia Legis:

Sententia legis means the spirit or intention of law.

46.Ex Visceribus Actus:

Statute must be read as a whole and not in parts.

47.Presumption:

Court assumes certain facts unless contrary proved.

48.Jurisdiction:

Jurisdiction means legal authority of court to hear and decide cases.

49.Exclusion of Jurisdiction:

When statute bars the jurisdiction of ordinary courts.

50.Judicial Review:

Power of courts to examine legality and constitutionality of laws and administrative actions.