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