DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

INTERPRETATION OF STATUTE
SYNOPSIS OF PROJECT

Name of Student: Mridul Prateek Singh

Registration number: 2013070

Topic of Project: External Aid To Interpretation: - An Analysis of Judicial Decision

Type of Review: In the present context the method followed is secondary review as all information
has been collected from secondary sources.

Literature Review: - Shashikant laxman kale v. Uoi AIR 1990 SC 2114

S R Chaudhary v. State of Punjab (2001) 7 SCC 126
State of Mysore v R.V Bidap AIR 1973 SC 255
Indira Sawhney v. Union of India, AIR 1993 SC 477
R. v. Ireland, (1997) 4 All ER 225
United Society v. Eagle Bank (1829)
M.V. Elisabeth v. Harwan Investment and Trading Pvt. Ltd., AIR 1993 SC 1014.
Reasons for selecting this topic: The topic is an intriguing point of law where in india while
interpreting the law it is a common practice to interpret the law with the help of the legislation,
statute, preamble which is commonly known as intrinsic aid i.e. Internal aid sometimes the
circumstances arises where the intrinsic aid is not adequate to interpret the law then the extrinsic
aid will be taken into account while interpreting external aid are the speech, convention, document,
foreign judgment will be taken as base to cover up the lacuna.

Main issues to be dealt with: The main issues that are to be dealt in this project are how the
external aid plays a role while interpreting the statute with the help of the case law where external
aid is taken into consideration.
Research Methodology: The method of Doctrinal Research has been followed.

ABSTRACT

Laws enacted by the legislatures are interpreted by the judiciary. Enacted laws, especially the
modern Acts and Rules, are drafted by legal experts and it could be expected that the language will
leave little room for interpretation or construction. But the experience of all, who have to bear and
share the task of application of law, has been different. It is quite often observed that courts are
busy unfolding the meaning of ambiguous words and expressions and resolving inconsistencies.
The age old process of the application of the enacted laws has led to formulation of certain rules
of interpretation or construction

Apart from the intrinsic aids, such as preamble and purview of the Act, the Court can consider
resources outside the Act, called the extrinsic aids, in interpreting and finding out the purposes of
the Act. Where the words of an Act are clear and unambiguous, no resource to extrinsic matter,
even if it consists of the sources of the codification, is permissible. But where it is not so, the Court
can consider, apart from the intrinsic aids, such as preamble and the purview of the Act, both with
the prior events leading up to the introduction of the Bill, out of the which the Act has emerged,
and subsequent event from the time of its introduction until its final enactment like the legislation,
history of the Bill, Select Committee reports