MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

Course Outline

BAL7.1 Principles of Legislations and Interpretation

of Statutes

B.A.LL.B.(Hons.) Five-Year Integrated Degree Course

ACADEMIC YEAR: 2022-2023
4th Year, Semester- VII

Designed and Developed By:

Prof. (Dr.) Vijay Pratap Tiwari
Ms. Debasree Debnath

Course Instructors:
Prof. (Dr.) Prakash Rao
Professor of Law
Ms. Anuja Misra
Assistant Professor of Law
Ms. Debasree Debnath
Research Associate
July 2022
(Strictly for private circulation)
 7.1 PRINCIPLES OF LEGISLATIONS AND INTERPRETATION OF STATUTES
Semester – VII July – December, 2022
Course Code 7.1
Course Credit 04
Maximum Marks 100
Teaching Hours 64
Presentation Hours 15-20
Medium of Instruction English
Course Compulsory

About the Course

Interpretation is a dynamic and ongoing process in the sense of Dworkinian chain of
novel that needs to keep the story going. It is a very fascinating subject. Once Alexander
Hamilton lamented that “Laws are a dead letter without courts to expound and define their
true meaning and operation.” In fact, the superior courts in almost all the jurisdictions are
busy in interpreting the Constitutions and Statutes. Through the craft ship of interpretation,
the courts try to find out most intended and suitable meaning of the provisions under
review. Interpretation of statute is a skilful technique engaged by judges, jurist, lawyers,
law teachers and students to deduce the intention of the legislatures by scrutinising the
language of the statutes. With development of the judicial process of law interpretation of
statute had evolved as a method to explore the intent, the purpose and the objective to be
reckoned by the legislature while enacting the law. The purpose of law can be advanced
through interpretation of statutes by construction of words, phrases and expressions to
assign meaning, and the language is construed in the true spirit mostly in tune with the
legislative intent. Though a considerable research work has been carried out on the subject
of interpretation of statutes yet it remains an important area of writing and research for
legal philosophers, law teachers and students. The subject carries practical application of a
magnitude which is not usually associated with theory oriented subjects.
The Course is divided into five modules. Module – I ‘Introduction to Legislation and
Interpretation of Statutes’ introduces the subject and deals with principles of legislation and
philosophy of interpretation. Purpose of interpretation and commencement, repeal etc. of a
statute are discussed in the first module. Module – II is designed to impart knowledge to
students regarding interpretation of the Constitution. The module deals with various
principles for interpretation of the Constitution. Module – III contains rules of
interpretation and deals with primary and secondary rules of interpretation. Module – IV is
designed to teach students the use of internal and external aids in interpretation of a statute.
Module – V contains the presumptions regarding statutes and deals with interpretation of
various kinds of statutes viz., penal statues, taxation statutes, enabling statutes, codifying
and consolidating statues, welfare statutes etc.
Course Objectives
The aim of this course is to equip the students with various methods used to interpret
the Constitution and other enactments. Students shall be exposed to various aids in
interpretation of statutes and their usage in interpretation. The course has been designed to:
 develop understanding of the rules for interpretation of statutes, aids to interpretation
and the underlying principles governing the interpretation of various types of statutes;
 familiarize the students with principles of legislation, philosophy of interpretation
and the purpose of interpretation;

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  impart knowledge of the rules and principles governing the interpretation of the
Constitutional law;
 analyse primary and secondary rules and their usage in interpretation of statues;
 acquaint learners with the internal and external aids to interpretation of statutes; and
 describe rules for interpretation of various kinds of statutes viz., taxing, penal,
enabling, consolidating and codifying, welfare etc.
Teaching Methodology
The aim of the course is to apprise the students regarding the nuances of interpretation
of statutes. Traditional lecture method simpliciter is not suitable since participation and
indulgence of the students with problem solving attitude and orientation is required for
dealing with various aspects of interpretation. Keeping in view the requirements of the
subject, it is proposed to use a combination of various teaching methods. Accordingly, a
combination of Socratic Method, discussion method and Simulation by Case Exercises
methods shall be used. Preparatory reading material shall be provided in advance to the
students in order to enable them to participate in the forthcoming lectures and clinical
exercises. ICT-based smart learning aids such as usage of power-point presentations, white
board, etc. shall be made use of.
Course Evaluation Method
The Course is assessed for 100 Marks in total by a close book application-based
examination system. There shall be a Mid-Semester Exam for 20 marks and End Semester
Exam for 50 Marks. 25 Marks are allotted for the Project Work which includes 20 Marks
for written research work and 5 Marks for presentation of the Project. The question papers
shall be designed on a decided or under-trial case based; therefore, students are advised to
take classroom exercise seriously and to develop their own application base skills.
Case Law Reporter/Journals
Case law reporters include AIR (All India Reporter), SCC (Supreme Court Cases).
Specialist journals in this area include SCC, JILI. For comparative study and research
students can also use New York University Review, Harvard Law Review, Law Quarterly
Review, Yale Law Journal. The reading can be accessible on online data base that include
Lexis Nexis, West Law, Manupatra etc.
Course Outcomes
The course has been designed to enable students to learn the nuances of interpretation
of statutes and the principles of legislation. Learners shall be able to understand the
principles and rules governing interpretation of taxing, penal and welfare legislations and
the role of internal and external aids in interpretation of statutes. After the completion of
the course, the students shall be able to:
 understand and apply rules of interpretation of statutes to interpretation of the
Constitution and various kinds of statutes;
 analyse and understand principles of legislation, philosophy of interpretation and the
purpose of interpretation;
 develop knowledge regarding principles for interpretation of the Constitution;
 acquire practical knowledge and application of primary and secondary rules of
interpretation;
 learn the role of internal and external aids in interpretation of statutes; and
 exhibit knowledge of the interpretation of taxing, welfare, penal, procedural,
codifying and consolidating statutes.
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 COURSE CONTENTS

Module- I: Introduction to Interpretation of Statutes [Teaching Hours

14]
1.1 Introduction to Interpretation: The legislature, executive and the judiciary,
Meaning, Objects and Scope of ‘interpretation’ and ‘construction.’
1.2 Principles of Legislation: Principle of Utility; The Ascetic Principle.
1.3 Philosophy of Statutory Interpretation: Mīmāmsā school of philosophy;
Samanjasya principle; Vikalpa principle; Badha principle.
1.4 Purpose of Interpretation of Statutes: Object of interpretation; Classification of
statutes.
1.5 Basic Principles of Interpretation and Guiding Rules - (i) Intention of the
Legislature; (ii) Statute Must be read as a whole in its context; (iii) Statute to be
construed to make it effective and workable; (iv) If the meaning is plain, effect must
be given to it irrespective of consequences; (v) Appraisal of the principles of plain
meaning; (vi) Language of the statute should be read as it is.
Statutory References
The General Clauses Act 1897 (Act No. 10 of
1897)
Judicial References
Grey v. Pearson (1857) 6H.L.C, at
106
Vishnu Pratap Sugar Works (Pvt) Ltd v. Chief Inspector of Stamps UP AIR 1968 SC
102
Maharao Sahib Shri Bhim Singhji v. Union of India AIR 1981 SC
234
R. S. Raghunath v. State of Karnataka AIR 1992 SC
81
District Mining Officer v. Tata Iron and Steel Co. AIR 2001 SC
3134
P. Ramachandra Rao v. State of Karnataka (2002) 4 SCC
578
Padma Sundara Rao v. State of Tamil Nadu (2002) 3 SCC
533 D.M. Bhatia International v. Bulk Trading S.A. (2002) 4
SCC 105
Aravali Golf Club v. Chander Hass 2007 (14) SCALE
1
I.R. Coelho (Dead) By LRS v. St. of Tamil Nadu AIR 2007 SC
861
Satbir Singh v. State of Haryana 2021 SCC OnLine SC
404
Compulsory Readings
 G.P. Singh, PRINCIPLES OF STATUTORY INTERPRETATION, 14 th ed. 2016,
Ch. 1 (Basic Principles), pp.1 – 66.

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  N.S. Bindra, revised by Amita Dhanda, INTERPRETATION OF STATUTES, 12 th ed. 2017,
Ch. 4 (Techniques, Tools and Rules of Interpretation), pp. 182-241, Ch. 6 (Rules of
Interpretation), pp. 315-351.
 P. St. J. Langan, MAXWELL ON THE INTERPRETATION OF STATUTES, 12 th ed. 1969,
Ch. 2 (General Principles of Interpretation), pp.28-75.
Suggested Readings
 Frederick Schauer, THINKING LIKE A LAWYER: A NEW INTRODUCTION TO
LEGAL REASONINMG, 1st ed. 2009, Ch. 1 (Introduction: Is There Legal
Reasoning?), pp. 1-12, Ch. 2 (Rules- in law and Elsewhere), pp. 13-35.
 Roscoe Pound, “Philosophy of Law,” FRANZ STEINER VERLAG, Vol. 51, 1965,
pp. 37-55.
 Roscoe Pound, “Common Law and Legislation,” HARVARD LAW REVIEW, Vol.
21 No. 6, 1908, pp. 383-407.
 Justice Markandey Katju, “The Mimansa Principles of Interpretation,” ALL INDIA
REPORTER (1993) 1 SCC (Jour) 16.
 Justice Markandey Katju, “The Mimansa Principles of Interpretation – II,” ALL
INDIA REPORTER (1994) 2 SCC (Jour) 1.
 Justice B.N. Srikrishna, “Maxwell v. Mimansa,” ALL INDIA REPORTER (2004) 6
SCC (Jour) 49.

Module- II: Rules of Interpretation [16 Teaching

Hours]
Primary Rules
2.1 Literal or Grammatical Rule and Golden Rule: Natural and grammatical meaning;
Exact meaning preferred to loose meaning.
2.2 Rule of Purposive Construction: Object of Purposive interpretation; Application of
Purposive interpretation.
2.3 Mischief Rule of Construction: Heydon’s Case and Beyond; Application of Mischief
Rule.
Secondary Rules
2.4 Nocsitur a sosiis; Ejusdem Generis. Reddendo singula singulis.
2.5 Ut res magis valeat quam pereat; Contemporanea expositio est optima et fortissinia in
lege.

Judicial References
Heydon’s case (1584) 3 Co Rep
7a
The Queen v. Charles Arthur Hill Heaten Ellis (1844) 6 Q.B.
499
Ashbury Railway Carriage & Iron Co. v. Riche (1875) LR 7 HL
653
Nokes v. Doncaster Amalgamated Collieries (1940) AC
1014
Jugalkishore v. Raw Cotton Co. AIR 1955 SC
376
Avtar Singh v. State of Punjab AIR 1955 SC
1107
Bengal Immunity Co. v. State of Bihar AIR 1955 SC
661
R.M.D.C. v. Union of India AIR 1957 SC
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628
Commissioner of Income-tax. v. Smt. Sodra Devi AIR 1957 SC
832
Brownsea Havens Properties v. Poole Corpn. (1958) 1 All ER
205
Smith v. Hughes (1960) 1
W.L.R.830
Ramavtar Budhaiprasad v. Assistant Sales Tax Officer AIR 1961 SC
1325
M.V. Joshi v. M.U. Shimpi AIR 1961 SC
1494
M. Pentiah v. Muddala Veeramallapa AIR 1961 SC
1107
M/s. Motipur Zamindary Co. (Private) Ltd. v. State of Bihar AIR 1962 SC
660
Matthews v. Dobbins [1963] 1 ALL ER
417
Corporation of Calcutta v. Liberty Cinema AIR 1965 SC
661
Tej Kiran Jain v. N. Sanjiva Reddy (1970) 2 SCC
272
G. Narayanaswami v. Pannersevan (1972) 3 SCC
717
State of West Bengal v. Wasi Ahmed (1977) 2 SCC
246
B.N. Mutto v. T.K. Nandi (1979) 1 SCC
361
Union of India v. Filip Tiago De Gama of Vedem Vasco De Gama AIR 1980 SC
981

Compulsory
Readings
 G.P. Singh, PRINCIPLES OF STATUTORY INTERPRETATION, 14 th ed. 2016,
Ch. 2 (Guiding Rules), pp. 67-170, Ch. 5 (Subsidiary Rules), pp. 392-575.
 N.S. Bindra revised by Amita Dhanda, INTERPRETATION OF STATUTES, 12 th ed.
2017, Ch. 6 (Rules of Interpretation) pp. 315-351, Ch. 10 (Maxims used to Aid
Interpretation), pp. 534-558.

Suggested Readings
 P. St. J. Langan, MAXWELL ON THE INTERPRETATION OF STATUTES, 12th
ed.
1969, Ch. 2 (General Principles of Interpretation), pp. 28-58, Ch. 9 (Construction to
Avoid Collision with Other provisions), pp. 187-198.
 Aharon Barak, PURPOSIVE INTERPRETATION IN LAW, 1st ed. 2005, Ch. 3 (The
Essence of Purposive Interpretation), pp. 85-96, Ch. 4 (The Semantic Component of
Purposive Interpretation), pp. 97-109, Ch. 5 (The Purposive Component of Purposive
Interpretation), pp. 110-119.

Module- III: Constitutional Interpretation [10 Teaching

Hours]
3.1 Principles of interpretation: Doctrine of Eclipse; Doctrine of Severability; Doctrine
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 of
Waiver; Doctrine of Territoriality.
3.2 Theories of Constitutional Interpretation: Textualism; Originalism; Pragmatism.
3.3 Constitutional Interpretation: Rules of Constitutional Interpretation; Difference
between Statutory Interpretation and Constitutional Interpretation.
3.4 Interpretation of the Seventh Schedule: Doctrine of Harmonious construction;
Doctrine of Pith and Substance; Doctrine of Colourable Legislation.
3.5 Other Principles for Interpretation of the Seventh Schedule: Doctrine of
Repugnancy; Doctrine of Residuary Powers.

Judicial References
State of Bombay v. F.N. Balsara AIR 1951 SC
318
Zaver Bhai Amaidas v. State of Bombay (1955) 1 SCR
799
Deep Chand v. State of Uttar Pradesh 1956 SCR
393
Calcutta Gas Company v. State Of West Bengal AIR 1961 Cal.
267
K.M. Nanavati v. State of Bombay AIR 1961 SC
112
Sirsilk Ltd. v. Govt. of Andhra Pradesh AIR 1964 SC
160
The Remington Rand of India Ltd. v. The Workmen AIR 1968 SC
224
M. Karunanidhi v. Union of India AIR 1979 SC
898
Renaissance Hotel Holdings Inc. v. B. Vijaya Sai 2022 SCC OnLine SC
61

Compulsory
Readings
 M.P. Jain, INDIAN CONSTITUTIONAL LAW, 7 th ed. 2018, Vol. 1, Part V, Ch. XX
(Fundamental Rights), pp. 1215-1257, Vol. 2, Part VII, Ch. XL (Constitutional
Interpretation), pp. 2311-2392.
 V.N. Shukla, CONSTITUTION OF INDIA, 12th ed. 2013, Part XI (Relations Between
the Union and the States), pp. 767-801, Schedules (Seventh Schedule), pp. 1161-1170.

Suggested Readings
 N.S. Bindra, revised by Amita Dhanda, INTERPRETATION OF STATUTES, 12 th
ed. 2017, Ch. 13 (Interpretation of the Constitution), pp. 652-702.
 V.P. Sarathi, INTERPRETATION OF STATUTES, 5 th ed. 2010, Ch. 12
(Interpretation of the Constitution), pp. 445-488.

Module- IV: Aids to Interpretation [14 Teaching

Hours]
Internal Aids
4.1 Title; Short and Long Title; Preamble; Headings and Marginal Notes; Sections and Sub-
sections; Language; Clauses and Punctuation Marks; Illustrations; Saving Clauses;
Schedules; Parts and their Captions; Chapters and their Captions.
4.2 Explanations; Exceptions; Examples; Provisos; Schedules; Non Obstante Clause.
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4.3 Legal expressions like ‘means’, ‘includes’, ‘that is to say’, etc.; Phrases like
‘grammatical variations and cognate expressions’; ‘without prejudice to the generality
of provisions’; ‘Unless the context otherwise requires’.
External Aids
4.4 Dictionaries; Translation; Commission Reports.
4.5 Legislative History- Legislative intention; Statement of Objects and Reasons;
Legislative Debates; Committee Reports.

Judicial References
Biswambhar Singh v. State of Orissa AIR 1954 SC
139
Express Newspapers (Pvt.) Ltd. V. Union of India AIR 1958 SC
578
Manoharlal v. State of Punjab AIR 1961 SC
418
M/s. Hiralal Rattanlal v. State of U.P. (1973) 1 SCC
216
State of Mysore v. R.V. Bidap AIR 1973 SC
255
ShashiKant Laxman Kale v. Union of India AIR 1990 SC
2114
S.R. Chaudhary v. State of Punjab (2001) 7 SCC
126
Gullipilli Sowria Raj v. Bandaru Pavani (2009) 1 SCC
714
Ritu Devi v. Securities and Exchange Board of India (2012) 6 CTC 166
(Mad)
S. Iyyapan v. United India Insurance Co. Ltd. (2013) 7 SCC
62
Union of India v. National Federation of the Blind (2013) 10 SCC
772
Union of India v. ABN Amro Bank (2013) 16 SCC
490

Compulsory Readings
 G.P. Singh, PRINCIPLES OF STATUTORY INTERPRETATION, 14 th ed. 2016,
Ch. 3 (Internal Aids to Construction), pp. 171-241, Ch. 4 (External Aids to
Construction), pp. 242-391.
 N.S. Bindra revised by Amita Dhanda, INTERPRETATION OF STATUTES, 12 th ed.
2017, Ch. 7 (Internal Aids), pp. 353-401, Ch. 11 (External Aids to Interpretation), pp.
588-615.

Suggested Readings
 V.P. Sarathi, INTERPRETATION OF STATUTES, 5th ed. 2010, Ch. 13 (Legislative
Drafting), pp. 493-499.
 V.S. Deshpande, “Extrinsic Aid in the Construction of Statutes,” INDIAN LAW
INSTITUTE, Vol. 11 No. 2, 1969, pp. 123-158.
 Frederick J. de Sloovere, “Extrinsic Aids in the Interpretation of Statutes,” THE
UNIVERSITY OF PENNSYLVANIA LAW REVIEW, Vol. 88 No. 5, 1940, pp. 527-
555.

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Module-V: Interpretation with regard to Subject Matter of Statutes [Teaching Hours
10]
5.1 Presumptions in Statutory Interpretation: Presumption as to Validity;
Constitutionality; Presumption of fact and Presumption of law.
5.2 Interpretation of Taxing and Penal Statutes: The Rule of Strict Construction today;
Law as it Exists on the Date of Judgement.
5.3 Interpretation of Welfare Statutes and Enabling Statutes: Liberal Construction of
Remedial Statutes; General Principle; Illustrative cases.
5.4 Interpretation of Procedural Statutes: General Principle; Illustrative cases.
5.5 Interpretation of Consolidating and Codifying Statutes: Meaning of Consolidating
and Codifying Statutes; Illustrations of Consolidating and Codifying Statutes;
Difference between Consolidating and Codifying Statutes.
Judicial References
Ashbury Railway Carriage & Iron Co. v. Riche (1875) LR 7 HL
653
Brownsea Havens Properties v. Poole Corpn. (1958) 1 All ER
205
Commrs. v. Savoy Hotel (1966) 2 All ER
299
Uttar Pradesh S.E. Board v. Harishanker AIR 1979 SC
65
Siddeshwari Cotton Mills (P) Ltd. V. Union of India AIR 1989 SC
1019
Oswal Agro Mills Ltd. v. CCE 1993 Supp (3) SCC
716
Calcutta Municipal Corporation v. East India Hotels Ltd. AIR 1996 SC
419
Leelabai Gajanan Pansare v. Oriental Insurance Compant Ltd. AIR 2009 SC
523

Compulsory Readings
 P. St. J. Langan, MAXWELL ON THE INTERPRETATION OF STATUTES, 12th
ed.
1969, Ch. 11 (Exceptional Construction), pp. 228-251.
 N.S. Bindra revised by Amita Dhanda, INTERPRETATION OF STATUTES, 12th ed.
2017, Ch. 17 (Interpretation of Expropriating, Emergency, and Penal Statutes), pp.
817-846, Ch. 18 (Interpretation of Fiscal Statutes), pp. 859-888.
 G.P. Singh, PRINCIPLES OF STATUTORY INTERPRETATION, 14 th ed. 2016,
Ch. 6 (Operation of Statutes), pp. 576-713, Ch. 11 (Remedial and Penal Statutes), pp.
931-1038.

Suggested Readings
 V.P. Sarathi, INTERPRETATION OF STATUTES, 5th ed. 2010, Ch. 8 (Taxing
Statutes), pp. 375-382, Ch. 9 (Penal and Remedial Statutes), pp. 383-390.
 R. deJ. R., “Statutory Construction, Doctrine of Ejusdem Generis,” VIRGINIA LAW
REVIEW, Vol. 17 No. 5, 1931, pp. 511-516.

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