INTERPRETATIONS OF STATUTE

Law is a tool which keeps the society peaceful and prevents conflicts among
people by its rules and regulations. The law which is enacted and followed by
the land is drafted by legal experts and when time comes, it is also interpreted
for the benefit of the society. With changing time, the society changes and their
need, along with their thinking process, also changes. Hence, with time, law
also needs to be regulated with the changing society. With drafted laws, there
also comes out the ambiguities in it which many a times, leads to conflict.

Each statute is enacted with a purpose. But sometimes, two different statutes or
acts or provisions, come into conflict with each other and there comes the role
of judiciary as it is the one which has got the responsibility of interpreting the
laws.

Doctrine of Harmonious Construction

When different provisions of the constitution are found to be in conflict

with each other, the courts should interpret them harmoniously so as to
avoid the conflictual implications between them. This is known as the
doctrine of harmonious construction. This doctrine is also called as the rule of
avoidance of conflict. When different provisions of the constitution are
found to be in conflict with each other, the courts should interpret them
harmoniously so as to avoid the conflictual implications between them.
This is known as the doctrine of harmonious construction. This doctrine is also
called as the rule of avoidance of conflict.

When different provisions of the constitution are found to be in conflict

with each other, the courts should interpret them harmoniously so as to
avoid the conflictual implications between them. This is known as the
doctrine of harmonious construction. This doctrine is also called as the rule of
avoidance of conflict.

The doctrine of Harmonious construction states that when two provisions of the
same law appears to be giving out contrary views, instead of overruling or
repealing any one of those provisions, the courts must bring together both the
provisions and interpret it in a way that defeats none, therefore the name
harmonious construction.

As per this very rule, the statute must be read as a whole. One provision of the
act should be interpreted by taking the other provision of that act in reference.
This procedure avoids the conflict between them.
The base of this rule is that every statute has a purpose of its own in this legal
system and hence, it should be read as a whole. The principle of harmonious
construction guides us to follow that very interpretation which is consistent with
all other provisions and makes the enactment consistent. This very principle
avoids those interpretations which cause injustice, inconvenience, anomaly or
hardship.

Five Main Principles Laid Down by Sc For Harmonious Construction

 In order to harmonize any conflict between two provisions or statutes, the

court must avoid a ‘head of clash’ of provisions which are contradictory
in nature. (CIT v. Hindustan Bulk Carrier[2])
 If it becomes impossible to completely avoid the differences between the
conflicting provisions, the court should take the approach of interpreting
them in such a way that to the extent possible, both are given effect.
(Sultana Begum v. Premchand Jain[3])
 Courts must keep in mind that the interpretation which reduces one
provision to a useless standing is against the essence of ‘Harmonious
Construction’.
 To harmonize the provisions does not mean to render them fruitless, or
destroy any statutory provision.
 Unless the court finds no other option, no provision should be used to
render useless another one.

M S M Sharma v. Krishna Sinha

Case Summary and Outcome

The Supreme Court of India upheld the regulatory authority of a state legislative
assembly to regulate the publication of its debates or proceedings over the right
to free speech. M. Sharma published an address to the Bihar Legislative
Assembly in its entirety, claiming that his right to free speech protected this
action, despite an order of the Speaker to expunge certain portions of the
address. The Court found that Sharma’s actions did not directly fall under the
free speech protections of Article 19 because it violated the authority reserved
to the Assembly in Article 194 over the publication of its proceedings.
It held that the fundamental right to freedom of speech and expression under
Article 19(1)(a)is to be read subject to the privileges of House of Legislature
guaranteed by Article 194(3)

The doctrine of eclipse and the Indian Constitution

  The Doctrine of Eclipse is related to Article 13 of the Indian
Constitution, which discusses laws that are inconsistent with or violate
basic rights.
 Article 13(1) declares that any existing law in effect within the territory
of India prior to the commencement of the Constitution that goes against
or is inconsistent with fundamental rights enshrined in Part III of the
Indian Constitution becomes invalid to the extent of such contradiction.
 Furthermore, Article 13(2) specifies that every new law becomes null
and void the instant it violates fundamental rights.
 As a result, the courts might declare that provision, rather than the entire
act, invalid.
 Article 13(4), on the other hand, specifies that Article 13 does not apply
to constitutional changes. This means that if a constitutional amendment
law is approved that takes away or violates some fundamental rights, the
law, while conflicting with the rights, is not invalid.
 These provisions directly contradict the doctrine of severability. This
idea holds that any provision of a law that is unconstitutional will be
detached from the act and considered void.

The first case where traces of the origin of this doctrine can be found
is Keshava Madavan Menon v State of Bombay (1951). In this case, the
appellant had a case against himself under Indian Press (Emergency Powers)
Act, 1931 with regards to a pamphlet published in 1949. The appellant
contended that such a case could not be constituted against him because that
pamphlet aligned with the right to freedom of speech and expression are given
in Article 19(1)(a). The Court opined that because at the time when the
pamphlet was published, fundamental rights of the Indian Constitution did not
exist. Thus, the appellant could not claim to have them. This case thus
established that fundamental rights did not have retrospective but only
prospective application. In the case of Article 13(1), the Court held that it was
prospective and not retrospective, especially since any statute is prospective,
unless specifically stated otherwise. Because the language of this article does
not imply any kind of retrospective application, the same could not be assumed

Doctrine of Severability means that when a certain section of a statute

becomes unconstitutional, but that component can be separated from the rest of
the legislation, the court will declare just that part illegal, not the entire statute.
The idea of severability is also known as the separability doctrine. Article 13 of
the Indian Constitution provides the foundation for its validity.

Doctrine of Severability
  The doctrine of severability states that when a certain section of a
statute's provision becomes unconstitutional, but that component can be
separated from the rest of the legislation, the court will declare just that
part illegal, not the entire statute.
 The rest of the law will remain in effect.
 The reason why the entire statute is not ruled unconstitutional is that the
court safeguards a statute as much as feasible so that Indian citizens can
benefit from the legislation that is not adverse to the basic rights
guaranteed by the Indian Constitution.
 Article 13 of the Constitution establishes the Doctrine of Severability’s
legitimacy.
 Article 13 of the Indian Constitution states the following circumstances
regarding the Doctrine of severability:
o A provision that violates basic rights should be included.
o The provision should be distinct from the remainder of the law.
o It should not affect the remainder of the legislation.
 The Doctrine of Severability, which is an extension of Article 13,
asserts that where a certain section of legislation infringes or breaches
fundamental rights but is severable from the remainder of the act, the
courts will declare only that portion unconstitutional, not the entire
statute.
 The concept basically states that if violative and non-violative provisions
are separated to the point that the non-violative provision may survive
without the violative provision, the non-violative provision will be
recognized as legitimate and enforceable.

A.K. Gopalan v. State of Madras

 The Supreme Court ruled that if the challenged Act violates the
Constitution, only the section that violates the Constitution would be
unconstitutional, not the entire act, and that every effort should be taken
to salvage as much of the act as possible.
 It is severable if the invalid part's deletion does not affect the essence or
structure of the legislature's goal.

Minerva Mills vs union of India, 1980

The Supreme Court of India struck down sections 4 and 55 of the 42nd
Amendment Act 1976 in the case of Minerva Mills versus Union of India, 1980.
The court stated that certain portions were beyond the jurisdiction of the
legislature to change. The other act remained in effect.

What is beneficial construction? Explain provision of beneficial

constriction to avoid collusion with other statute? Or welfare statute
ANS. Beneficial construction means such construction which avoid collusion
with other statute act every act is independent having specific objective if there
is conflict or collusion between the statute then it may create confusion in mind
of judges to enforce it
This rule of interpretation will benefit individuals. Whenever there is an
ambiguity or when that would take the benefit away from the individual, so the
meaning which prevails over the benefit to the individuals should be adopted.

Following are the provision to be made applicable for beneficial constructions

1.Tittle of the statute: -Every statute requires some little or name so that it can
be independent statute

Ex :- food adulteration act, prohibition of gambling act, prohibition of weapon

act.

2. preamble or introduction: -There should be introduction or preamble to be

enclosed in beginning of every statute it gives basic idea about object of the
statute

3. sections and sub-sections: -Every statute to e dunned in section and sub-

section all this section is brought together which are co-related

4. Overlapping: -There should not be overlapping of same prevision in different

section if there is overlapping then it may create confect or collusion.

5. local enactment: -It means statute enacted by state these are also lows enacted
by local authorities under delegated powers such or municipality university
railways at has to be examined to avoid conflict.

6. Container location with parent law: -When there is conflict parent legislation
and sub-ordinates legislation, then parent legislation shall prevail when there is
conflict central legislation and state legislation then central legislation prevail,
when there is conflict between statute enacted by state and statute enacted under
delegated power then state statute shall prevail.

7. Legal terminology; -When statute is enacted then legal terminology to be

used in argument it can be explained in general terminology
8.Legal principles: -All legal principles to be made applicable whenever statute
is enacted.

9. exception or defence: -If there are any defences or exception them it should
be covered in the statutes

10.Remedies: -There should be appropriate remedies to be maintained in the

statute if remedy is not maintained then there is possibility of collusion or
conflict.

This are the provision relating to beneficial construction to avoid collusion with
statute.

Proviso

The normal function of a proviso is to except and deal with a case which would
otherwise fall within the general language of the main enactment, and its effect
is confined to that case. There may be cases in which the language of the statute
may be so clear that a proviso may be construed as a substantive clause. But
whether a proviso is construed as restricting the main provision or as a
substantive clause, it cannot be divorced from the provision to which it stands as
a proviso. It must be construed harmoniously with the main enactment.”

Dictionaries

: When a word is not defined in the statute itself, it is permissible to refer to

dictionaries to find out the general sense in which that word is understood in
common parlance. However, in the selection of one out of the various meanings
of a word, regard must always be had to the scheme, context and legislative
history.

Taxing statute

Government of India is divided into three branches i.e. Legislature, Executive

and Judiciary. It is the function of the legislature to make the laws and that of
the executive, to enforce those laws. Legislature derives its power of imposing
taxes from Article 265 of the Constitution which states that “No tax can be
levied or collected unless it has the authority of law”.

Tax is a forceful extraction of money from the assessee (taxpayer) by the

sovereign authority in which the taxpayer is not entitled to any assured benefit.
So, taxes place a monetary burden on the taxpayer and thus to some extent it is
considered as penalty on the taxpayer which is imposed under the authority of
law. Thus, unless the imposition of tax is clearly backed by law, no tax can be
imposed.

Taxation statute is a fiscal statute which is enacted on the basis of trial and error
method or on experimentation basis. It is not practicable for legislature to
anticipate all the possible situations or conditions which may arose after the law
is enacted. It is possible that the assessee might use some shortcomings in the
law as a loophole and take advantage of it. As tax results in pecuniary burden so
the benefit of doubt is given to assessee in case of any contradictions.

Strict rule is applicable to taxation statutes, so courts are bound to give clear and
plain meaning to the words without delving into the consequences it can result
in. There is no presumption of tax or intendment of the legislature to impose tax
unless clearly and specifically provided. Thus, it is the legislature or subordinate
authority to come forward and bring amendments and clarifications to rectify
the loopholes.

Thus, direct meaning is given to words used in the statute and in case of two
interpretations coming out than in that case that such interpretation is given,
which is in favour of the taxpayer. Until and unless, clear words are used in the
statute which imposes the liability on the taxpayer, there can be no burden to
pay tax.

Doctrine of Pith and Substance

The Constitution of India has divided the extent of legislative powers between
the Centre and states by way of the Seventh Schedule.

The Seventh Schedule specifies the subject matters and divides the power to
make laws between the Centre and the State.

List I or the Union List contains matters where the Centre has the power to
make laws, e.g. Defence, Foreign affairs and Currency.

List II or the State list contains the subjects where the State has the power to
make laws, e.g. public order, health and sanitation.

List III or the Concurrent List contains subjects where both the Centre and the
State have powers to legislate, e.g. Education, Forests and Administration of
Justice.
Although their spheres of influence are well established in the Seventh
Schedule, there often arise conflicts as to whether the Centre or the State, as the
case may be, is encroaching upon the sphere of the other. To deal with this
conflict, the courts in India have evolved a few doctrines and the age-old
doctrine of pith (essence of something) and substance (essential part of
something) is one among them.

Important ingredients that constitute the Doctrine of Pith and Substance

The Doctrine is applied when the subject matter of List I of the Seventh
Schedule is in conflict with the subject matter of List II.

The reason behind adopting this doctrine is that otherwise every law will be
declared invalid on the ground that it encroaches upon the subject matter of
another sphere.

The doctrine examines the true nature and substance of the legislation in order
to determine which List it belongs to.

It takes into consideration whether the State has the power to make a law that
encroaches on a subject matter from another list.

The doctrine was first applied and upheld by the Supreme Court in the FN
Balsara case.

The Privy Council applied this doctrine in Profulla Kumar Mukherjee v Bank of
Khulna.

In this case, the Bengal Money Lenders Act of 1946 enacted by the State
Legislature was challenged with the contention that parts of the legislation dealt
with promissory notes; a central subject.

The Privy Council while upholding the validity of the impugned legislation
stated that the Bengal Money Lenders Act was in pith and substance a law
relating to money lenders and money lending – a state subject even though it
incidentally trenches upon Promissory note – a central subject.

In State of Bombay v FN Balsara, the Bombay Prohibition Act was challenged

on the ground that it accidentally encroaches upon import and export of liquor
across custom frontier – a central subject. The court while upholding the
impugned legislation declared that the Act was in pith and substance a State
subject even though it incidentally encroached upon a central subject.
What is the Doctrine of Territorial Nexus?

The Doctrine of territorial nexus states that laws made by state legislature are
not applicable outside the state. It is only applicable when there is a sufficent
nexus between the state and the object.

It is invoked during the following instances.

Whether a particular state has extra-territorial operation.

If there is a territorial nexus between the subject- matter of the Act and the state
making the law.

The Doctrine of Territorial Nexus signifies that the object to which the law
applies need not be physically located within the territorial boundaries of the
state. Instead it should have a sufficient territorial connection with the state.

The state can levy a tax on person, object or any transaction not only when it is
situated within its territorial limits,but also when it has a sufficient and real
territorial connection with it.

Doctrine of ejusdem generis

Meaning and definition

‘Ejusdem Generis’ is a Latin term and the meaning of it is “of the same kind
and nature”.

The Doctrine of Ejusdem Generis provides that when a list of specific words
are being followed by the general words, the general words are interpreted in a
way so as to restrict them to include the items or things which will be of same
type as those of the specific words. In other words, “where a law lists specific
classes of persons or things and then refers to them in general, the general
statements only apply to the same kind of persons or things specifically listed.”
(See here) For example if a law makes reference to cars, trucks, tractors, bikes
and other motor-powered vehicles, then the general word which is ‘other motor
powered vehicles’ will not include any planes or ships because the specific
words preceding are of the kind of land transports and when doctrine of
ejusdem generis is applied then that general word will be restricted to includes
the things of same category as that of the specific words.

Need for the doctrine of ejusdem generis

The need for interpretation of statute by the doctrine of Ejusdem Generis arises
when-

 There is ambiguity in the language of the provisions of statutes, or

 When in the provision, there is a possibility of two views, or
 The meaning which the provision of a statute gives, defeats the
purpose of the statute.
.

What is a strict construction of a penal statute

The term “strict construction” refers to a statute that is strictly construed in
legislation. Each word must be interpreted by letters, and the interpretation must
not exceed the scope of the legislation. It is a legal theory that applies in a
narrow manner or in a strict manner of interpretation to legal legislation such as
the United States Constitution. The bench’s ability to read a text in written form
that is provided inside the four boundaries of a legal document must be
evaluated. The constitution must be rigorously construed in its original
meaning.

This form of construction is used in taxation and criminal legislation. In strict

construction interpretation, the courts refer to the literal rule. The literal rule,
alternatively known as the simple rule, is a traditional rule used by English
courts. It is a guideline of law interpretation that in the first instance, the
grammatical interpretation of words must be followed. This is the earliest
construction rule to which judges refer when referring to strict construction.
Even today, judges utilize it since they do not have the authority to make laws.
In each and every system of interpretation, it is the primary and first
interpretation of laws. In other words, it’s just what the law says rather than
what the law was meant to express.

The term “strict construction” refers to “a close or narrow reading and

interpretation of a legislation or written document.” In cases involving a dispute
over terms of legal meaning, the bench is sometimes called upon to determine a
construction or interpretation of an ambiguous or confusing phrase. The
common law tradition has created a number of maxims and guidelines that help
courts interpret legislation or agreements such as contracts. Strict construction
occurs when ambiguous legal language is treated as an accurate and precise
interpretation and no further fair evaluations or justifiable consequences are
considered. When interpreting legislation affecting the subject’s liberty, strict
construction is recommended, but only after verifying that all conditions are met
before the subject’s liberty is restrained.

In terms of penal law, strict construction must be used in penal legislation,

which implies that penal statutes may not be broadened by assumption or
purpose beyond the fair meaning of the language employed or the interpretation
that is fairly justified by its provisions. These statutes will not be construed to
include offenses or people other than those expressly defined and provided for
in their wording. The rule of liberal is aided by the rule of strict construction
under penal statutes, which states that any complexity in a penal statute should
be settled in favor of the defendant. According to strict construction criteria of
Maxwell, the gravity of the criminal legislation should be determined. Penal
legislation must be strictly construed, as stated in Smith v. Wood (1889) and
Kamal Prasad v King-Emperor (1947).

Ronald case

The accused pled guilty to impaired driving causing bodily harm after his
vehicle crossed the centre line and struck three vehicles traveling in the opposite
direction. Although one of the injured passengers was pregnant at the time and
required medical treatment, she ultimately delivered healthy children. The
accused's blood alcohol level was more than double the legal limit at the time of
the accident. Defendant sentenced to a six-month conditional sentence to be
served in the community to be followed by one year's probation, a two-year
driving prohibition, twenty-five hours of community service and restitution for
any uninsured expenses incurred by the pregnant victim and her family. The
court considered the lack of risk of the accused re-offending, the
uncharacteristic nature of the offence, the accused's background and family
support and the joint recommendation of counsel in imposing the sentence.

Internal Aid

The internal aids to interpretation are those which may be contained in the
statute itself forming a part of it or may not form the part of the statute. They are
generally taken as important aid to interpretation whenever there is ambiguity in
the language of the statute and meaning of the words are not clear. However
they have no role to play in case where meaning of the statute is clear. They are
much more valuable than external aid to interpretation.
Some important internal aid to interpretation are-

Title
The role of the title is to give some description of the act. It can further be
divided into two parts-
1. Short Title

It generally does have any role to play in the interpretation and noting can be
ascertained from it. It only gives us the name of the act and nothing else.

For eg. The Transfer of Property Act, 1882 ,Code of Criminal Procedure, 1973
etc.
 Long Title

It can some use in case where there is the confusion in the meaning of the
statute. It tells us about the general object for which the act has been enacted
more like preamble only.

For eg. The Transfer of Property Act, 1882 has a long title saying that-“An Act
to amend the law relating the Transfer of Property by act of parties”.
ManoharLal v. State of Punjab[1]

It this case it was observed that the scope of the act can be decided with the help
of the long title and help can be taken from it for interpretation.

KedarNath v. State of West Bengal[2]

It this case court took the help of the long title while interpreting Section 4 of
West Bengal Criminal Law Amendment Act, 1949 and held that it is the
discretion of the State government to try any offence under special procedure in
special courts.

Preamble
The preamble is very useful aid to interpretation as it tells us about the true
intention of the legislature for which the act was enactment. It roles comes into
play in case where the meaning of the enactment is not clear and more than one
meaning is formed but not otherwise.

It doesn’t extend the scope of an enactment nor does it restrict it. Courts in the
past had taken help from the preamble for interpretation however its role has
decreased in the recent times.
For eg.- The Indian Evidence Act, 1872 has preamble saying that “Whereas it is
expedient to consolidate, define and amend the law of Evidence; it is hereby
enacted as follows”.
Brett v. Brett[3]

In this case it was observed that preamble can be used to find the intention of
the legislature. It forms the spirit of the act. It tells us about all the mischiefs
that the legislature wants to remove.

Rashtriya Mill MazdoorSangh v. NTC[4]

It was observed that preamble help can only be taken when a provision is
ambiguous. When a provision is clear then preamble help cannot be taken for
expanding or restricting the scope of a provision.

Marginal Notes
They are inserted generally at the side of the sections and have no useful role to
play interpretation. Most of the time it have been seen that they have not made
by the people who have enacted the provision and are added in the subsequent
stages by other people other than legislators. Courts have refrained from using
them for interpretation.
Provisos
It only excludes the things from the particular section or provision which would
otherwise would have been included in it. It has no other role to play neither it
extends the meaning or scope of the section. It is restricted only to the section to
which it is part and cannot have effect on other provisions.
For eg.- Section 55 of The Code of Civil procedure, 1908 tells about arrest and
detention but has some proviso to it such as no arrest can take place after sunset
or before sunrise, no out door of dwelling house should be broken etc.
CIT v. Ajax Products Ltd.[5]

It was observed that the proviso restricts the main provision, however it doesn’t
have its own independent existence and is dependent upon the provision to
which it is attached. It should not be read in conflict with the main provision.

S. SundaramPillai v. V.R. Pattabiraman[6]

In this it was observed that proviso exclude certain things from the main
provision. It is an integral part of the provision and can impose conditions on it.

Headings
Heading are put up at the start of the group of sections relating to a particular
offence or procedure. Each chapter in an act consists if its own heading
which act as a preamble to it.
 For eg.- The Indian Evidence Act, 1872 Chapter VII has a Heading of “Burden
of Proof” which tells us the various aspects of burden of proof.

It is useful is cases where the meaning of the provision is not clear but where
there is no ambiguity then it has no role to play. It is as useful as preamble for
interpretation of provisions to which it is headed.

Iqbal Singh Marwahv.MeenakshiMarwah[7]

It was observed that headings cannot be used for interpretation when the
meaning of a provision is clear. However the still form an important part of the
act and are treated as the preambles to the provisions to which it is headed.

Explanations
Explanations are added to sections so that they can clarify the meaning of
certain words in which uncertainty may arise in future. They do not extend the
scope of the section to which it is attached and is restricted to that section only
to which it is part. They do not have much role in interpretation and only clarify
the provision.
Bengal Immunity Company v. State of Bihar[8]

It was observed that the exception should not extend the meaning of the main
provision. It should be read with the main provision. It forms the part of the
main provision so it can be used for ascertaining the intention of the legislature.

Exceptions and Saving Clauses

Exceptions are created to exclude certain things from a particular provision
which would otherwise the part of it. They do not expand the scope the scope of
section nor add any different meaning to the words. They just take away certain
things from a particular provision.
For eg.- Section 300 of Indian Penal Code specifies exception to murder which
are murder done by exercising right of private defence, murder under grave and
sudden provocation etc.

Saving clause on the other hand is generally appended where there is a case of
repeal and re-enactment.

Illustrations
Illustrations are generally given in the form of examples including situations
that occur in real life. They do not form the part of an enactment but still they
are very useful aid to interpretation. They can help us in understanding the real
meaning of an enactment in case where there is some uncertainty. They
illustrate the intention of the legislature in the form of facts and gives answer to
situations arising in those facts. It cannot extend the meaning of an enactment.
Dagdu v. State of Maharashtra[9]

There has always been a conflict between the illustration (b) of Section 114 and
Section 133 of the Evidence Act. Section 133 says that accomplice evidence
without corroboration is good enough for conviction whereas Section 114
Illustration (b) says that accomplice evidence without corroboration is not good
enough for conviction.

General rule on this formed by the court is that it is always better to have the
evidence of accomplice corroborated with other evidence for conviction.

Definitions
Generally we take the ordinary meaning of the words while determining the
meaning of the words given in the enactment. However in some cases where the
definition given by the legislatures forms different meaning of the words other
than the ordinary meaning. In such cases the definition given by the legislatures
has to be usedand it will override the ordinary meaning.
Mohan Singh v. International Airport Authority of India[10]

It was observed that generally the word “shall” is meant to be mandatory in

nature. However court should focus that ends of justice and for it “shall” can be
read as “may”. It depends from case to case. Discretion should be applied by the
court in fair manner according to the circumstance of the case.

Schedules

It helps in the working of an enactment properly and it forms the part of the
enactment. When meaning of an enactment is not clear help can be taken from it
to ascertain the meaning.

Punctuations

It doesn’t have much of a role to play in the interpretation and is not taken as
useful tool to ascertain the meaning of an enactment. The role played by it is to
separate the sentences and nothing else.

External Aid to Interpretation

The role of external aids to interpretation comes into play in case where internal
aid fails. Internal aid is considered more valuable in interpretation as compared
to the external aid. External aid are doesn’t form a part of the enactment itself
like some internal aid and neither they are connected to any specific provision.
However in some cases where internal aid fails, help can be taken from external
aids to ascertain the intention of the legislature as generally they talk about the
history of an enactment and reasons for its introduction.

B. PrabhakarRao v. State of Andhra Pradesh[11]

In this case it was observed that external aid comes into play only when the
internal aid fails but not otherwise. It is for the purpose of the justice the
external aids should be used. Legislative history, committee reports, debates etc
may be considered for the same.

Some important external aids are-

Dictionaries
Whenever the meaning of a particular word is not clear the help may be taken
from the dictionaries by the court to ascertain the meaning of the word. No strict
approach is used in ascertaining the meaning. The ordinary meaning of the word
can to be found with the use of dictionary.
Alamghir v. State of Bihar[12]

In this case the interpretation of Article 498 of Indian Penal Code was done.
The word “detain” was under consideration. It was accompanied by other words
such as takes or entices or conceals. Now in ordinary sense the word detain
would mean without consent of the person detained. But the court observed that
Section 498 protect the interests of husband. So, detain would include the case
of taking away the wife from her husband even with her consent.

Statement of Object and Reasons

This is not considered as a reliable source to interpretation. It tells us about the
reasons and intention for bringing the bill into the legislature. However after the
bill has been introduced it still have to be passed by both the houses due to
which there is always a chance that the bill gets changed along with its intention
at certain point of time. Bill goes through many processes before it gets passed,
so the intention at the start for introducing the bill cannot be relied upon. It also
does not show the will of majority.

Thus, if the meaning of a provision is clear then it has no role to play but if it a
case where the meaning is ambiguous then only some help can be taken from it
to ascertain the intention of the legislature.

State of West Bengal v. Union of India[13]

In this it was observed that when the bill is brought in the Parliament it consist
of some statement of objects and reasons which can be used to understand the
background of the Act and can only be used in a limited sense. It cannot be
relied upon as an aid to interpretation and it doesn’t tell legislative intention.

Parliamentary History and Facts

This includes all the debates in the parliament, reports of committees, letters etc.
In traditional English practise it was considered that parliamentary history
cannot be considered while interpretation. The modern view is different which
says that parliamentary history and facts may be considered for interpretation in
order to determine the intention of the legislature while passing an act. However
it can also be used in case of ambiguity and not in case where meaning of a
provision is clear.
Express Newspapers Pvt. Ltd. v. Union of India[14]

In this case it was observed that the Parliament history may be considered for
the purpose of the interpretation in case where the meaning of a provision is not
clear.

It contains the following things-

 Reports
They are generally not considered as useful tool to interpretation. Courts refrain
from using the reports for interpretation. However in some cases where
ambiguity arises in a provision then court can refer these reports which are
formed by committees which advices the legislature at the passing of an act.
They can help in determining the intention of the legislature.
G. Sekar v. Geetha[15]

In this case the court observed that the reports such as of Law Commission of
India can be considered for interpretation if a provision in ambiguous.

 Parliamentary Debates : These include the debates that take place in

the legislature while passing of the act. In case of ambiguity these can be
used by the courts for interpretation to determine the reasons for which
the act was passed and the mischief which the legislature wanted to
cure.
S.R. Chaudhuri v. State of Punjab and Ors[16]

In this case the debates of the Constituent Assembly were taken into
consideration for the determination of provisions. It was stated that through it
the intention of the legislature can be ascertained.

 Bills
This contains the stage of debate before passing of the act by the
minister. However this is not considered as reliable form of interpretation
because the bill goes through a lot of amendments once it goes through both the
houses in parliament and neither it shows the will of majority. So only some
help can be taken from it.
Textbooks
Sometimes courts while determining a law takes help from the textbooks. But
this view has been criticized because textbook contains the personal views of
the author and different textbooks have different opinions. Personal views of the
author cannot tell us about the intention of the legislature. Thus is not a reliable
source of interpretation.
Foreign Decisions
In case when there is uncertainty regarding a point on law then reference can be
taken from the foreign decisions, where there is same system of law is being
followed on that point of uncertainty as it is followed in India. They will have a
binding force upon the Indian courts.
Economic, Scientific, Political and Social Changes
Today’s environment is more dynamic than before due to which lot of
development and changes occur as time passes by. Many situations are not
anticipated by the legislature at the time of passing of the act which may arise in
future due to these changes. Thus, enough discretion and flexibility is given to
courts to interpret according to the needs of the present environment while
seeing these changes.
S.P. Gupta v. Union of India[17]
Conclusion

We can conclude that the need of interpretation arises only when then
ambiguity in a provision and not otherwise. While interpretation we determine
the intention of the legislature. After considering all the aids to interpretation we
can conclude that internal aid of interpretation is more reliable source of
interpretation than the external aid to interpretation. Internal aid forms the part
of the enactment whereas external aid is separate from the provision. Internal
aids are considered as first option for interpretation and when they fails only
then external aids come into play.

Fraud on the Constitution

The Doctrine of colourable legislation provides that what is wrong is always

wrong and cannot be made right by changing its mere colour, language, form, or
by disguising its ulterior motives.

It is pertinent to note that the Doctrine of colourable legislation is to ensure and

limits the Parliament and the state legislatures from overstretching their powers
beyond the competence of its purpose. Thereby, the Doctrine cannot be
invoked, where the legislature seeks to achieve something without overstepping
the field of its competency.

Literal meaning of Colourable Legislation

In general parlance, colourable implies semblance or guise i.e. something that

seems to be right or true but intends to deceive.

The Doctrine of colourable legislation cannot be applied in the following

instances,

 When the power of the legislatures is not confined by the

constitutional provisions, for example, Article 246 or part III of the
Constitution.
 When the impugned legislation is the subordinate legislation.
The Doctrine of colourable legislation does not consider relevancy or intention
behind an enactment as it only focuses on the legislative competency of the
legislature. Besides, the onus lies on the petitioner to prove the impugned
legislation as ultra vires, till then, the presumption will always be in the favour
of the constitutionality of the law.

Case laws on Doctrine of Colourable Legislation

State of Bihar v. Kameshwar Singh,[6]

This is one of the most renowned cases, where the court has applied the
Doctrine of colourable legislation and declared a statute invalid by citing the
Canadian and Australian cases as precedent. The Act that was challenged by the
petitioner is ‘the Bihar Land Reforms Act, 1950’ on the grounds that it
contravened the Part III of the Indian constitution. In the first place, it was the
case where the zamindars challenged a statute that intends to abolish the
zamindari system. The Act purported to lays down the principles of
compensation to the landlords for the arrears of rent in due before the date of
the state’s acquisition, but, the Act was held void by the court as it observed that
its object is just pretentious and not the real. Likewise, it was alleged to deprive
the petitioner of any compensation.

The collective comprehension of the Doctrine of colourable legislation provides

that the Constitution distributed the power between the Parliament and the state
legislatures. Both the legislatures are bestowed with the absolute authority to act
within its jurisdiction but limited from transgressing the sphere of the other, no
matter whether it is direct or indirect under a guise. Thus, the legislative body is
not allowed to legislate upon a subject matter, which has an effect on the subject
beyond its jurisdiction. If so, the Doctrine of colourable legislation will come
into action to fortify the constitutionally granted powers.