Tuesday, March 12, 2013

Interpretation of Statutes




w¾: ksrEmKfha wdOdrl

jHjia:d ikao¾Nh Tiafia fÉ;kdj" wruqK fidhd .ekSu yd ta Tiafia w¾: ksrEmKh lsÍfïoS úksiqrejrekag WmldÍ jk oE w¾: ksrEmKfhaoS wdOdrl fia i<lhs '
   

wNHka;r wdOdrl
  ndysr wdOdrl

 
wNHka;r wdOdrl(
jHjia:dj ;=<skau w¾: ksrEmKh i|yd fidhd .; yels wdOdrl fõ'
Wod( mQ¾úldj" j.ka;s"  oS¾> kduh"  ,qyqvq kduh"  úrdu ,CIK " w¾: ksrEmK j.ka;sh 


ndysr wdOdrl
,sÅ; kS;sfha wka;¾.;j mj;akd lreKqj,g wu;r foaj,a fõ'
Wod( yekaidâ jd¾;d"  fldñIka jd¾;d "  mk; mekùug uq,a jQ jd;djrKhka



wNHka;r wdOdrl

jHjia:d w¾: ksrEmKfhaoS ms<S.;a uQ,sl uQ,O¾uhla jkafka  jHjia:dodhlfha fÉ;kdj fiùuhs'

“The cardinal principle of interpretation is concerned with the ascertainment and the formulation of the intention of the legislature.”

 jHjia:dodhlfha fÉ;kdj hï f,aLkhla ;=<ska fiùug W;aidy ork úksiqrejrhd uQ,slj isÿ lrkq ,nkafka tlS jHjia:dj  lshjd f;areï .ekSug W;aidy lsÍuhs'  tneúka úksiqrejrhd úiska iuia; mk;u lshjd wjfndaO lr.; hq;= nj frdau ,kafoais kS;sfhaoS fuka u bx.%Sis kS;sfhao ms<s.;a Í;shls'


jeäÿr wOHhkHh i|yd'''(






jHjia:dj iuia;hla f,i i,ld ne,sh hq;af;a wehs@ 

jHjia:djl fldgia lsysmhla ;sfí'
·        kS;sh l=ulao hkak  ^j.ka;s&
·        tu kS;sh y÷qkajd fok fjk;a fldgia ^me;s igyka&



fulS fldgia fjka fldg y÷kd .; hq;=h'  tu fldgia ish,a,gu tl yd iudk jeo.;alula ,nd Èh fkdyelsh' ta ksidu kS;sh y÷kajd fok fldgiaj,g ,nd Èh hq;= jeo.;alfï m%udKh ksYaph lsÍu i|yd tu jHjia:dj miqìfï mj;sk kS;s úoHd;aul mßirh jsuish hq;=h'

ol=Kq wm%sldkq kS;s m%fõYh
S v. Looij  (1975) 4 SA 703
“to determine the purpose of the Legislature, it is necessary to have regard to the Act as a whole and not to focus attention on a single provision to the exclusion of all others. To treat a single provision as decisive….might obviously results in a wholly wrong conclusion.”

bx.%Sis kS;s m%fõYh
Attorney-General v. HRH Prince Ernest Augustus of Hanover (1957) AC 436
“words and particularly general words, cannot be read in isolation, their colour and content are derived from their context. So I conceive it to be my right and duty to examine every word of a statute inits context, and I use context in its widest sense, which I have indicated included 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 I can, by those and other legitimate means, discern the statute was intended to remedy.”

 See Further:

http://sixthformlaw.info/01_modules/mod2/2_2_3_stat_interp/05_internal_aids_.htm 

 

  Using International Law as an Aid to Construction in order to Protect the Rights of the People: A Sri Lankan Perspective



bkaoshdkq kS;s m%fõYh
See:

 
INTERNAL AID OF INTERPRETATION  ^wNHka;r wdOdrl&
Indian Perspective

Statute generally means the law or the Act of the legislature authority. The general rule of the interpretation is that statutes must prima facie be given this ordinary meaning. If the words are clear, free from ambiguity there is no need to refer to other means of interpretation. But if the words are vague and ambiguous then internal aid may be sought for interpretation.


1. Context  ^ikao¾Nh&

If the words of a statute are ambiguous then the context must be taken into consideration. The context includes other provisions of the statute, its preamble, the existing state of law and other legal provisions. The intention behind the meaning of the words and the circumstances under which they are framed must be considered.



2. Title ^ud;Dldj&
Title is not part of enactment. So it cannot be legally used to restrict the plain meaning of the words in an enactment. The heading of the statute is the long title and the general purpose is
E.g. Prevention of Food Adulteration Act, 1954, the long title reads as follows “An Act to make provisions for the prevention of adulteration of In Re Kerala Education bill, the Supreme Court held that the policy and purpose may be deduced from the long title and the preamble.
In Manohar Lal v State of Punjab, Long title of the Act is relied as a guide to decide the scope of the Act.

Short Title ^flá kduh&
The short title of the Act is purely for reference only. The short title is merely for convenience.
 E.g. The Indian Penal Code, 1860.


3.Preamble  ^mQ¾úldj&
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
In Kashi Prasad v State, 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.


4.Headings ^Ys¾I kdu&
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, 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.


5. Marginal notes ^me;s igyka&
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 considered. But if there is any ambiguity they may be referred only as an internal aid to the
In Wilkes v Goodwin, the Court held that the side notes are not part of the Act and hence marginal notes cannot be referred.


6. Proviso ^w;=re úOdkh&
A proviso merely carves out something from the section itself. proviso is a subsidiary to the main section and has to be construed in the light of the section itself. Ordinarily, a proviso is intended to be part of the section and not an addendum to the main provisions. A proviso should receive strict construction. The court is not entitled to add words to a proviso with a view to enlarge the scope.



7. Definition/ Interpretation clause ^w¾: ksrEmK j.ka;sh&
The legislature can lay down legal definitions of its own language, if such definitions are embodied in the statute itself, it becomes binding When the act itself provides a dictionary for the words used, the court must first look into that dictionary for interpretation.
In Mayor of Portsmouth v Smith, the court observed “The introduction of interpretation clause is a novelty.”


8. Conjunctive and Disjunctive words
The word “and” is conjunctive and the word “or” is disjunctive. These words are often interchangeable. The word ‘and’ can be read as ‘or’ and ‘or’ can be read as ‘and’.


9. Gender
Words’ using the masculine gender is deemed to include females too.


10. Punctuation
Punctuation is disregarded in the construction of a statute. Generally there was no punctuation in the statutes framed in England before Punctuation cannot control, vary or modify the plain and simple meaning of the language of the statute.


11. Explanations
IN certain provisions of an Act explanations may be needed when doubts arise as to the meaning of the particular section. Explanations are given at the end of each section and it is part and parcel of the enactment.


12. Exceptions and savings clause
To exempt certain clauses from the preview of the main provisions, and exception clause is provided. The things which are not exempted fall within the purview of the main enactment. The saving clause is also added in cases of repeal and re-enactment of


13. Schedules
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. Inconsistency between schedule and the Act, the Act prevails. (Ramchand textiles v sales tax officer)


14. Illustrations
Illustrations in enactment provided by the legislature are valuable aids in the understanding the real scope.


15. Meaning of the words
The definition of the words given must be construed in the popular sense. Internal aid to construction is important for interpretation.









Refer:

Past Papers 

2009 (02)

2008 (04)

2007  (07)

2006  (02)

2006 (05)







1 comment:

  1. Hi akki,
    Could you please correct the font issues in the posts ?

    ReplyDelete