IOS Notes

1. Explain with example the various Internal Aids to interpretation.
Mention whether they are

binding aids or not binding on the judiciary.
1. Short title
2. Primary, Golden and Mischief Rules of Interpretation.
3. Explain with example the various External Aids to interpretation. Mention
whether they are binding aids or not binding on the judiciary.
4. Analyze the construction of Penal and Remedial Statutes.
5. Analyze Taxing Statutes and their Interpretation.
Rule of Strict Interpretation
Reasons for Applicability of Strict Rule on Taxation Statute
Rule of Interpretation applicable to Taxation Statute
● Conclusion
6. Explain the various forms of presumption while interpreting a statute/Elucidate
the forms of Presumption while interpreting a Statute.
7. Discuss the importance of Proviso Clause in interpreting a Statute.
The proviso is an enacting provision?
The Fallacy
The Golden Rule
The function of the Proviso
8. Briefly deal with the Mischief Rule of Construction/Discuss the Heydon's Rule
of Construction with its principles.
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1. Doctrine of Severability
2. Difference between Noscitur a sociis and Ejusdem generis.
3. Ejusdem generis.
4. Doctrine of Eclipse
5. Harmonious Construction
6. Stare Decisis.
7. Doctrine of Repugnancy
8. Definitional Clause
9. Noscitur a sociis
10. Doctrine of Occupied Fields
11. The Preamble of the Constitution and Preamble of other Legislation.
12. Vicarious Liability and the Latin Maxim which deals with it.
13. Marginal Notes as an aid to interpretation.
14. "The function of the judiciary is to interpret the law, not to legislate". Explain.
15. Purposive Construction.
1. Explain with example the various Internal Aids to interpretation.

Mention whether they are binding aids or not binding on the judiciary.
Introduction
● The term Interpretation has been derived from the Latin term ‘interpretari’,
which means to explain, expound, understand, or to translate. Interpretation
is the process of explaining, expounding and translating any text or anything
in written form. This basically involves an act of discovering the true
meaning of the language which has been used in the statute.
● Interpretation of statutes is the correct understanding of the law. This
process is commonly adopted by the courts for determining the exact
intention of the legislature. Because the objective of the court is not only
merely to read the law but is also to apply it in a meaningful manner to suit
from case to case. It is also used for ascertaining the actual connotation of
any Act or document with the actual intention of the legislature.
● According to Salmond, “Interpretation” is the process by which the court
seeks to ascertain the meaning of the legislature through the medium of
authoritative forms in which it is expressed.
Internal Aids
1. Short title
● The short title of the Act is only its name and is given solely for the purpose
of facility of reference.
● It is merely a name given for identification of the Act and not for description
and generally ends with the year of passing of the Act, such as the Indian
Contract Act, 1872, the Indian Penal Code, 1860, the Indian Evidence Act,
1872.
● Even though it is a part of the statute, it has no role to play while interpreting
a provision of the Act. Neither can it extend nor can it delimit the clear
meaning of a particular provision.
2. Long Title
● A statute is headed by a long title whose purpose is to give a general
description about the object of the act. Normally, it begins with the words
An Act to.
● For instance, the long title of the Code of Criminal Procedure, 1973 says: An
Act to consolidate and amend the law relating to criminal procedure, and
that of the Prevention of Corruption Act, 1988 says: ‘An Act to consolidate
and amend the law relating to the prevention of corruption and matters
connected therewith’.
● In the olden days the long title was not considered a part of the statute and
was, therefore, not considered an aid while interpreting it.
● There has been a change in the thinking of courts in recent times and there
are numerous occasions when help has been taken from the long title to
interpret certain provisions of the statute but only to the extent of removing
confusions and ambiguities. If the words in a statute are unambiguous, no
help is derived from the long title.
● In Fisher v. Raven 1964 AC 210 (HL)
1. Interpretation of the words ‘obtained credit’ in Section 13(1) of the
Debtor’s Act, 1869 was involved.
2. The House of Lords looked at the long title of the Act which reads ‘An
Act for the Abolition of Imprisonment for Debt, for the Punishment of
fraudulent Debtors, and for other purposes’ and held that the words refer
to credit for the payment of money.
3. Preamble
● The Preamble to the Act contains the aims and objectives sought to be
achieved, and is therefore, part of the Act. It is a key to unlock the mind of
the law makers. Therefore, in case of any ambiguity or uncertainty, the
preamble can be used by the courts to interpret any provision of that statute.
● In A.C. Sharma v. Delhi Administration AIR 1973 SC 913
1. In this case, the appellant challenged his conviction under Section 5 of the
Prevention of Corruption Act, 1947.
2. His main ground was that after the establishment of the Delhi Special
Police Establishment, the anti-corruption department of the Delhi Police
has ceased to have power of investigating bribery cases because the
preamble of the Delhi Special Police Establishment Act, 1946 pointed out
to this effect.
3. The court, however, held that no preamble can interfere with clear and
unambiguous words of a statue.
4. Section 3 of the Delhi Special Police Establishment, 1946 empowered the
Delhi Special Police also to investigate such cases.
4. Marginal Notes
● Marginal notes are those notes which are inserted at the side of the sections
in the Act and express the effect of the sections. These are also known as
side notes.
● In the olden times help used to be taken sometimes from the marginal notes
when the clear meaning of enactment was in doubt. But the modern view of
the courts is that marginal notes should have no role to play while
interpreting a statute.
● The basis of this view is that the marginal notes are not parts of a statute
because they are not inserted by the legislators nor are they printed in margin
under the instructions or authority of the legislature. These notes are inserted
by the drafters and many times they may be inaccurate too.
● However, there may be exceptional circumstances where marginal notes are
inserted by the legislatures and, therefore, while interpreting such an
enactment help can be taken from such marginal notes. The Constitution of
India is such a case. The marginal notes were inserted by the Constituent
Assembly and, therefore, while interpreting the Indian Constitution, it is
always permissible to seek guidance and help from the marginal notes.
● In S.P. Gupta v. President of India
1. The Supreme Court held that if the relevant provisions in the body of a
statute firmly point towards a construction which would conflict with the
marginal note, the marginal note has to yield.
2. If there is any ambiguity in the meaning of the provisions in the body of
the statute, the marginal note may be looked into as an aid to
construction.
5. Headings
● In all modern statutes, generally headings are attached to almost each

section, just preceding the provisions. For example, the heading of Section
437 of the Code of Criminal Procedure, 1973 is “When bail may be taken in
case of non- bailable offense”.
● Headings are not passed by the Legislature but they are subsequently
inserted after the Bill has become law.
● Headings are of two kinds- one which are prefixed to a section and the other
which are prefixed to a group or set of sections. These headings have been
treated by courts as preambles to those sections or sets of sections.
● Naturally, the rules applicable to the preamble are followed in case of
headings also while interpreting an enactment. Therefore, if the plain
meaning of enactment is clear, help from headings cannot be taken by the
courts.
● However, if more than one conclusion is possible while interpreting a
particular provision, the courts may seek guidance from the headings to
arrive at the true meaning.
● In Union of India v. ABN Amro Bank
1. It was held that the heading of a section can be regarded as key to
interpretation of the operative portion of said section.
2. If there is no ambiguity in the language of the provision or if it is plain
and clear, then the heading used in said section strengthens that meaning.
6. Exceptions and Saving Clauses
● Exceptions are generally added to an enactment with the purpose of

exempting something which would otherwise fall within the ambit of the
main provision.
● For instance, there are ten exceptions attached to section 499, IPC which
defines ‘Defamation’. These ten exceptions are the cases which do not
amount to defamation.
● In Collector of Customs v. M/s. Modi Rubber Limited, the Supreme
Court held that whenever there is a provision in the nature of an exception to
the principal clause thereof; it must be construed with regard to that
principal clause.
● Saving clauses are generally appended in cases of repeal and re-enactment
of a statute.
● By this the rights already created under repealed enactment are not disturbed
nor new rights are created by it. A saving clause is normally inserted in the
repealing statute.
● In case of a clash between the main part of statute and a saving clause, the
saving clause has to be rejected.
● In Shah Bhojraj Kuverji Oil Mills v. Subhash Chandra Yograj Sinha,
the Supreme Court did not allow the use of a saving clause, which was
enacted like a proviso, to determine whether a section in an Act was
retrospective in operation.
7. Schedules
● Schedules attached to an Act generally deal with as to how claims or rights

under the Act are to be asserted or as to how powers conferred under the Act
are to be exercised. The Schedules are appended towards the end of the
enactment.
● Sometimes, a schedule may contain some subjects in the form of a list as is
the case with the Constitution of India to enable the Union and the states to
legislate in their respective fields.
● Schedules are parts of the Statute itself and may be looked into by the courts
for the purpose of interpreting the main body of the statute.
● Similarly, while interpreting the schedules help may always be taken from
the main body of the Act to find out the true spirit of the Act.
● Sometimes, a schedule may contain transitory provisions also to enable an
Act to remain in existence till the main provisions of the Act begin to
operate, such as the Ninth Schedule of the Government of India Act, 1935.
● In M/s. Aphali Pharmaceuticals Limited v. State of Maharashtra, the
Supreme Court held that in case of a clash between the schedule and the
main body of an Act, the main body prevails and the schedule has to be
rejected.
8. Punctuation
● In ancient times, statutes were passed without punctuation and naturally,

therefore, the courts were not concerned with looking at punctuation.
● But in modern times statutes contain punctuation. Therefore, whenever a
matter comes before the courts for interpretation, the courts first look at the
provision as they are punctuated and if they feel that there is no ambiguity
while interpreting the punctuated provision, they shall interpret it.
● However, while interpreting the provision in the punctuated form if the court
feels repugnancy or ambiguity, the court shall read the whole provision
without any punctuation and if the meaning is clear will interpret it without
attaching any importance whatsoever to the punctuation.
● In Mohammad Shabbir v. State of Maharashtra
1. Interpretation of Section 27 of the Drugs and Cosmetics Act, 1940 was in
question.
2. This provision says that whoever ‘manufactures for sale, sells, stocks or
exhibits for sale or distributes’ a drug without license would be liable to
punishment.
3. The Supreme Court held that mere stocking of a drug is not an offense
and an offense is made out only when stocking is for sale.
4. There is no comma after the word ‘stocks’ which means that the words
‘stocks or exhibits’ are both qualified by the words ‘for sale’ used
thereafter.
9. Explanations
● Explanations are inserted with the purpose of explaining the meaning of a
particular provision and to remove doubts which might creep up if the
explanation had not been inserted.
● It does not expand the meaning of the provision to which it is added but only
tries to remove confusion, if any, in the understanding of the true meaning of
the enactment.
● A large number of Indian Acts have explanations attached to various
sections. For instance, Section 108 of the Indian Penal Code which defines
the word ‘abettor’ has five explanations attached to it.
● In M.K. Salpekar v. Sunil Kumar Shamsunder Chaudhari, the Supreme
Court observed that where a provision is related to two kinds of
accommodation—residential and non-residential, and the explanation
attached to it refers to only residential accommodation, it cannot control
non-residential accommodation and, therefore, cannot be looked into in
matters connected with the latter.
10. Definition or Interpretation Clauses
● Definition or interpretation clauses are generally included in a statute with

the purpose of extending the natural meaning of some words as per the
definition given or to interpret such words, the meanings of which are not
clear, by assigning them the meaning given in the definition clause.
● Generally, the meaning given to a particular word in the interpretation clause
will be given to that word wherever it is used in that statute.
● The only exception to this rule is that if the court feels that in the context of
a particular provision the definition clause, if applied, will result in an
absurdity, the court will not apply the definition clause while interpreting
that provision.
● In Delhi Judicial Service Association v. State of Gujarat
1. The words “including the power to punish for contempt of itself”
occurring in Article 129 of the Constitution of India were construed by
the Supreme Court.
2. This Article declares the Supreme Court to be a Court of Record.
3. It was held that these words do not limit the inherent power of the
Supreme Court to punish for contempt of itself as also of subordinate
courts.
11. Proviso
● In some sections of a statute, after the main provision is spelled out, a clause
is added, with the opening words “provided that…”. The part of the section
commencing with the words “Provided that…” is called Proviso.
● A proviso is a clause which is added to the statute to accept something from
the enacting clause or to limit its applicability.
● As such, the function of a proviso is to qualify something or to exclude
something from what is provided in the enactment which, but for proviso,
would be within the purview of enactment.
● The general rule about the interpretation of a proviso is that proviso is not to
be taken absolutely in its strict literal sense but is of necessity limited to the
ambition of the section which it qualifies.
● In Commissioner of Income-tax, Bhopal v. M/s. Shelly Products, the
Supreme Court:
1. While interpreting the proviso to Section 240 of the Income-tax Act, 1961
clarified that where a proviso consists of two parts, one part may be
declaratory but the other part may not be so.
2. Therefore, merely because one part of the proviso has been held to the
declaratory, it does not follow that the second part of it is also
declaratory.
3. Since proviso (b) to Section 240 of the Act is declaratory, it was held to
be retrospective in operation.
Conclusion
● Every nation has its own judicial system, the purpose of which to grant
justice to all. The court aims to interpret the law in such a manner that every
citizen is ensured justice. To ensure justice to all the concept of canons of
interpretation was expounded. These are the rules which are evolved for
determining the real intention of the legislature.
● It is not necessary that the words used in a statute are always clear, explicit
and unambiguous and thus, in such cases it is very essential for courts to
determine a clear and explicit meaning of the words or phrases used by the
legislature and at the same time remove all the doubts if any. Hence, all the
rules mentioned in the article are important for providing justice.
2. Primary, Golden and Mischief Rules of Interpretation.

Introduction
● The term has been derived from the Latin term ‘interpretari’, which means
to explain, expound, understand, or to translate. Interpretation is the process
of explaining, expounding and translating any text or anything in written
form.
Primary/ Literal or Grammatical Rule
● It is the first rule of interpretation. According to this rule, the words used in
this text are to be given or interpreted in their natural or ordinary meaning.
After the interpretation, if the meaning is completely clear and unambiguous
then the effect shall be given to a provision of a statute regardless of what
may be the consequences.
● The basic rule is that whatever intention the legislature had while making
any provision it has been expressed through words and thus, are to be
interpreted according to the rules of grammar. It is the safest rule of
interpretation of statutes because the intention of the legislature is deduced
from the words and the language used.
● According to this rule, the only duty of the court is to give effect if the
language of the statute is plain and has no business to look into the
consequences which might arise. The only obligation of the court is to
expound the law as it is and if any harsh consequences arise then the remedy
for it shall be sought and looked out by the legislature.
● Case Laws
● Maqbool Hussain v. State of Bombay, In this case, the appellant, a citizen
of India after arriving at the airport did not declare that he was carrying gold
with him. During his search, gold was found in his possession as it was
against the notification of the government and was confiscated under section
167(8) of Sea Customs Act.
● Later on, he was also charged under section 8 of the Foreign Exchange
Regulations Act, 1947. The appellant challenged this trial to be violative
under Article 20(2) of the Indian Constitution. According to this article, no
person shall be punished or prosecuted more than once for the same offense.
This is considered as double jeopardy.
Golden rule
● Parke B had in Becke v. Smith formulated the rule as follow "It is a very
useful rule, in the construction of a statute, to adhere to the ordinary meaning
of the word used, and to the grammatical construction, unless that is at
variance with the intention of the legislature to be collected from the statute
itself, or leads to any manifest absurdity or repugnance, in which the
language may be varied or modified, so as to avoid such inconvenience but
no further."
● The Golden Rule of Interpretation is a modified version of the Literal Rule
of Interpretation. When the words or phrases of the statute do not fit with
their natural meaning and create absurdity, uncertainty, or are superficial, the
golden rule of interpretation is adhered to.
● In the words of Maxwell, "The so-called golden rule of interpretation is
nothing but a modification of the literal rule of interpretation." This rule is
also considered the modifying method of interpretation.
● Sometimes a statute isn't clear and has anomalies and absurdities; at that
time, the golden rule must be applied with due caution and care to avoid any
uncertainty and inconvenience or to complete justice and arrive at the correct
interpretation, which would bring about the true meaning of the language
and give effect to the real intention of the legislature behind passing the
statute.
● Case law - State of Madhya Pradesh v. Azad Bharat Financial Company,
AIR 1967 SC 276, Issues of the case are as follows.
1. A transporting company carrying a parcel of apples was challenged and
charge-sheeted. The truck of the transporting company was impounded as
the parcel contained opium along with the apples. At the same time, the
invoice shown for the transport consisted of apples only.
2. Section 11 of the opium act 1878, all the vehicles which transport the
contraband articles shall be impounded and articles shall be confiscated. It
was confiscated by the transport company because they were unaware of the
fact that opium was loaded along with the apples in the truck.
3. The court held that although the words contained in section 11 of the said
act provided that the vehicle shall be confiscated but by applying the literal
rule of interpretation for this provision it is leading to injustice and inequity
and therefore, this interpretation shall be avoided. The words ‘shall be
confiscated’ should be interpreted as ‘may be confiscated’.
Mischief Rule
● Mischief means "Voluntarily cause injury or loss to someone"

● Mischief rule is a rule of interpretation to prevent misuse of provisions of the
statute. Mischief rule is framed to avoid any mischief added by the statute.
This rule is so interpreted that any mischief in statute must be avoided and
the object and purpose of passing the act by the legislature is attained.
● In Kanailal Sur v. Paramnidhi Sadhu Khan[10] it was observed by
Hon'ble Supreme Court that "this rule is most helpful in the interpretation of
statutes when the language of the statute is capable of more than one
meaning"
● Lord Coke in Heydon case decided four criteria on which the mischief
rule is constructed:
1. What was the common law prevailing before passing of the Act?
2. What was the mischief and defect for which the common law did not
provide
3. What remedy the Parliament was provided to remove the defect
4. What is the actual reason for the remedy?
● The rule of mischief is also considered to be purposive interpretation of
statute as consideration of mischief may lead to wider or narrow
interpretation of statute.
Conclusion
● Every nation has its own judicial system, the purpose of which to
grant justice to all. The court aims to interpret the law in such a
manner that every citizen is ensured justice to all. To ensure justice to
all the concept of canons of interpretation was expounded. These are
the rules which are evolved for determining the real intention of the
legislature.
● It is not necessary that the words used in a statute are always clear,
explicit and unambiguous and thus, in such cases it is very essential
for courts to determine a clear and explicit meaning of the words or
phrases used by the legislature and at the same time remove all the
doubts if any.
3. Explain with example the various External Aids to interpretation.

Mention whether they are binding aids or not binding on the judiciary.
Introduction
form. This basically involves an act of discovering the true meaning of the
language which has been used in the statute. Various sources used are only
limited to explore the written text and clarify what exactly has been
indicated by the words used in the written text or the statutes.
External Aids
External aids are the aids which are not available inside the statute but outside the
statute, the court may seek help to the external aids in case of repugnancy or
inconsistency in the statutory provision which are as follows:
1. Dictionaries
● When a word used in the statute is not defined therein or if defined but
the meaning is unclear only in such a situation, the court may refer to
the dictionary meaning of the statute to find out the meaning of the
word in ordinary sense.
● The meaning of such words shall be interpreted so as to make sure
that it is speaking about the particular statute because words bear
different meanings in different contexts.
● Motipur zamindary company private limited v. State of Bihar, the
question was whether sales tax can be levied on Sugarcane.
The applicant argued that it is a green vegetable and should be
exempted from tax. The dictionary meaning of vegetable said
anything which derived or obtained from the plants. The SC rejected
dictionary meaning and held that in common parlance vegetable is
something which is grown in kitchen garden and used during lunch
and dinner and held that sugarcane is not vegetable.
2. Text Books
● The court while construing an enactment, may refer to the standard
textbooks to clear the meaning. However, the courts are not bound to
accept such a view.
● The court time and again referred to mulla, kautiliya, manu,
arthshastra. Example: in Kesavananda Bharthi case, judges quoted a
large number of books.
3. Statement of objects and reasons
● The statement of object and reasons are attached to the bill which
describe the objects, purpose and the reason for the bill. It also gives
understanding of the background, the antecedent state of affairs and
the object the law seeks to achieve.
● The parliament before passing a bill must take into consideration what
object a bill serves to achieve.
However, it is not considered as conclusive aid to interpretation
because it doesn't impart the true meaning to the statutory provision.
4. Constituent Debates/Speech
● It shall compromise all such debates which had taken place in the
parliament at the time of formation of Constitution of India.
In case of inconsistency or repugnancy in the Constitution the court
can clearly refer to such debates.
● Indra Sawhney v. Union of India, the interpretation of the expression
'backward class of citizen' used in Article 16(4) was in question before
the court. The SC under this case referred to the speech given by B.R.
Ambedkar to understand the context, background and object behind
its use of the given expression.
5. Legislative Debates/Speech
● It is referred to as debates or speeches which are made in the course of
passing a bill in the parliament by the parliamentarians to put forth
their view.
● It is not considered as a conclusive aid to interpretation and is
therefore, not admissible because many times speeches are influenced
by the political pressure or maybe incorrect to rely upon.
6. Committee Reports
● Before the framing of the Bill, usually the matter is referred to a
committee to consider it in detail and give its report thereon.
These reports of the commissions and committee have been referred
to as evidence of historical facts or of surrounding circumstances and
used for interpreting the Act.
● When there is an ambiguity in the meaning of a provision and the act
was passed on the recommendation of a committee report, aid can be
taken from that report to interpret the provision.
● Example: the criminal amendment act was based on the
recommendation by J.S. Verma Committee Report such report can be
referred in case of any ambiguity in amendment.
7. Foreign laws and decisions
● Judges may refer to foreign laws and decisions if the jurisprudence of
both the countries is same, similarity in political system and ideology,
when there is no domestic law on point and if the Indian court
believes that decision passed by the foreign court is not arbitrary.
However, the foreign courts or decisions have only persuasive value
as the courts in India are not bound by the foreign courts.
● Example: in the Right to Privacy case, judges refer to foreign
judgements.
4. Analyze the construction of Penal and Remedial Statutes.
Introduction
● The term interpretation means “To give meaning to”. Governmental power
has been divided into three wings namely the legislature, the executive and
the judiciary. Interpretation of statues to render justice is the primary
function of the judiciary. It is the duty of the Court to interpret the Act and
give meaning to each word of the Statute. The most common rule of
interpretation is that every part of the statute must be understood in a
harmonious manner by reading and constructing every part of it together.
The maxim “A Verbis legis non est recedendum” means that you must not
vary the words of the statute while interpreting it. The object of
interpretation of statutes is to determine the intention of the legislature
conveyed expressly or impliedly in the language used. To ensure that justice
is made available to all, the judicial system has been evolved in all nations.
It is extremely important and in fact necessary also that the Courts interpret
the law in such a manner that ensures ‘access to justice’ to the maximum.
For this purpose, the concept of ‘Canons of Interpretation’ has been
expounded. The Canons are those rules that have been evolved by the
Judiciary to help Courts determine the meaning and the intent of legislation.
● SALMOND has defined it as “the process by which the Courts seek to

ascertain the meaning of the Legislature through the medium of authoritative
forms in which it is expressed.” In his The Law-Making Process, Michael
Zander gives three reasons why statutory interpretation is necessary:
1. Complexity of statutes in regards to the nature of the subject, numerous

draftsmen and the blend of legal and technical language can result in incoherence,
vague and ambiguous language.
2. Anticipation of future events leads to the use of indeterminate terms. The

impossible task of anticipating every possible scenario also leads to the use of
indeterminate language. Judges therefore have to interpret statutes because of the
gaps in law. Examples of indeterminate language include words such as
“reasonable”. In this case the courts are responsible for determining what
constitutes the word “reasonable”.
3. The multifaceted nature of language. Language, words and phrases are an

imprecise form of communication. Words can have multiple definitions and
meanings. Each party in court will utilize the definition and meaning of the
language most advantageous to their particular need. It is up to the courts to decide
the most correct use of the language employed.
● Remedial Statutes
● Remedial statutes and statutes which have come to be enacted on demand of
the permanent public policy generally receive a liberal interpretation. On
constructing a remedial statute the courts ought to give to it ‘the widest
operation which its language will permit. They have only to see that the
particular case is within the mischief to be remedied and falls within the
language of the enactment.
● The labour and welfare legislations should be broadly and liberally
construed and while construing them due regard to the Directive Principles
of State Policy (Part IV) and to any international convention on the subject
must be given by the courts. In MC Mehta v. State of Tamil Nadu the Child
Labour (Prohibition and Regulation) Act, 1986 was construed. The Court,
having regard to the Directive Principles in Arts 39(e), 39(f), 4(i), 45 and 47
of the Constitution, the fundamental rights in Art 24, the International
convention on the right of the child, not only directed a survey of child
labour and its prohibition but also directed payment of Rs. 25,000 as
contribution by the employer to the Child Labour-Rehabilitation-cum-
Welfare Fund or alternative employment to parent/guardian of the child to
ameliorate poverty and lack of funds for welfare of the child which is the
main cause of child labour.
● In case of a social benefit oriented legislation like the Consumer Protection
Act 1986 the provisions of the consumer to achieve the purpose of the
enactment but without doing violence to the language. If a section of a
remedial statute is capable of two constructions, that construction should be
preferred which furthers the policy of the Act and is more beneficial to those
in whose interest the Act may have been passed. The liberal construction
must flow from the language used and the rule does not permit placing of an
unnatural interpretation on the words contained in the enactment nor does it
permit the raising of any presumption that protection of widest amplitude
must be deemed to have been conferred upon those for whose benefit the
legislation may have been enacted.
● Cases
● In Noor Saba Khatoon v. Mohd Qasim, it was held that the effect of a
beneficial legislation is not construed to be defeated by a subsequent
legislation except through a clear provision. Therefore, the rights of the
minor children, irrespective of their religion, to get maintenance from their
parents as provided in § 127 of the Criminal Procedure Code 1973 was
construed not to have been taken away in respect of Muslims by the Muslim
Women (Protection of Rights on Divorce) Act 1986. § 3(b) of the Act
enables a divorced Muslim woman to claim maintenance for the minor
children up to the age of two years only from her former husband. It has
been held that the right of children to claim maintenance under § 125 Cr PC
is independent of the right of divorced mother to claim maintenance for the
infant children and the former is not affected by the Muslim Women Act
1986.
● (i) Sadhoo v. Haji Lal Mohd Biri Works
● In this case the Supreme Court interpreted § 31(2) (a) of the Beedi and Cigar
Workers (Conditions of Employment) Act 1966. This § 31(2) (a) provides
that the employees discharged, dismissed or retrenched may appeal to the
prescribed authority. It was held that by the liberal construction of the
section there need to be no written order of termination to enable the
employee to appeal and that an employee who was terminated by stopping
him to enter the place of work could appeal to the prescribed authority.
● Penal Statutes
● The principle that a statute enacting an offense or imposing a penalty is to be
strictly construed is not of universal application which must necessarily be
observed in every case. It is now only of limited application and it serves in
the selection of one when two or more constructions are reasonably open.
The rule was originally evolved to mitigate the rigor of monstrous sentences
for trivial offenses and although that necessity and that strictness has now
almost vanished, the difference in approach made to a penal statute as
against any other statute still persists.
● According to Lord Esher, MR, the settled rule of construction of penal
sections is that ‘if there is a reasonable interpretation which will avoid the
penalty in any particular case we must adopt that construction. If there are
two reasonable constructions we must give the more lenient one.’
● Interpretation of penal provisions must be in consonance with the principles
underlying fundamental rights. Any provision which visits an accused with
adverse consequences without affording him any remedy to disprove an item
of evidence which stands against his innocence, is inconsistent with the
philosophy enshrined in Art 21. It was held by the Supreme Court that they
should interpret such a provision as to dilute it to make it amenable to Art 21
of the Constitution.
● When words employed in a penal statute are not clear the principle ‘against
double penalisation’ would be applied. Failure to comply with a statute may
attract a penalty. But only because a statute attracts penalty for failure to
comply with the statutory provisions, the same in all situations would not
call for a strict construction. An interpretation which strikes a balance
between enforcement of law and protection of the valuable human right of
the accused (right of privacy) must be resorted to. § 105 of the Evidence Act
1872 says that the burden to prove that the case of the accused falls within
an exception to a statutory offense lies on him. But the question whether the
defense set up by an accused is really a defense of an exception or a defense
setting up non-existence of a fact which is an ingredient of the offense to be
proved by the prosecution depends upon the construction of the particular
statute.
● In applying and interpreting a penal statute, public policy is also taken into
consideration. In a recent case, the House of Lords held that consensual
sadomasochistic homosexual encounters which occasioned actual bodily
harm to the victim were assaults occasioning actual bodily harm, contrary to
§ 47 of the Offences Against the Person Act 1861 and unlawful wounding
contrary to § 20 0f the Act, notwithstanding the victim’s consent to the acts
inflicted on him. The following are some of the propositions important in
relation to strict construction of penal statutes:
(a) if the scope of prohibitory words cover only some class of persons or
some well defined activity, their scope cannot be extended to cover more on
consideration of policy or object if the statute.
(b) prohibitory words can be widely construed only if indicated in the
statute. On the other hand if after full consideration no indication is found
the benefit of construction will be given to the subject.
(c) if the prohibitory words in their own signification bear wider meaning
which also fits in with the object or policy of the statute.
● Cases
● Municipal Corpn of Delhi v. Laxmi Narain Tondon
● In this case, the definition of ‘sale’ in the Prevention of Food Adulteration
Act 1954 was construed in the sense having regard to the mischief intended
to be remedied. It was held that the ‘sale’ in the Act would include all
commercial transactions where under an adulterated article of food was
supplied for consumption by one person to another person. Therefore,
supply or offer of food to hoteliers to a customer when consolidated charge
was made for residence and other amenities including food fell within the
definition.
● Tolaram v. State of Bombay
● In this case, § 18 of the Bombay Rents, Hotels and Lodging Houses Rates
(Control) Act 1947 was construed. This section provided that ‘if any
landlord receives any fine, premium or other like sum or deposit or any
consideration other than the standard rent in respect of the grant, renewal or
continuance of a lease of any premise, such landlord shall be punished.’ It
was held by the Supreme Court that the section did not prohibit the taking of
money by the owner of an incomplete building in consideration.
● Conclusion
● A statute may in certain aspects be a penal enactment and in certain others a
remedial one. In respect of those provisions which are sanctioned on the pain
of punishment for a crime the rule of strict construction in the limited sense
may be applied. At any rate, as undue effort to construe such a provision
liberally to promote the beneficent purpose behind it may be effectively
counter balanced on consideration that a breach thereof leads to penal
consequences.
5. Analyze Taxing Statutes and their Interpretation.
Introduction
form. This basically involves an act of discovering the true meaning of the
language which has been used in the statute. Various sources used are only
limited to explore the written text and clarify what exactly has been
indicated by the words used in the written text or the statutes.
Rule of Strict Interpretation
● Strict rule of interpretation is one of the principles used to interpret fiscal

and penal statutes. According to this rule, plain, clear and direct meaning is
given to words which are used in common parlance by the general public to
which such law is applicable. There can be no presumption by court with
respect to particular meaning. Court cannot give particular meaning to a
word which is not clear by making a presumption that particular meaning is
the intention of the legislature. Court cannot, under the guise of possible or
likely intention of the legislature, give meaning to the words which are not
clear and where contextual meaning cannot be made out.
Reasons for Applicability of Strict Rule on Taxation Statute
1. Tax is an 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 a 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.
2. 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 the
legislature to anticipate all the possible situations or conditions which may
arise 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.
3. 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 intention 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.
4. 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.
Rule of Interpretation applicable to Taxation Statute
● Taxation statute is a fiscal statute which imposes the pecuniary burden on

the taxpayer. So such statutes are construed strictly. Plain, clear and direct
grammatical meaning is given. Where there are two possible outcomes then
that interpretation is given which is in favour of the assessee.
● Any taxation statute involves three stages, firstly, the subject on which tax is
levied or imposed, secondly, the assessment of the liability of assessee and
lastly, the recovery once the assessment is made.
● The first stage is where charging provisions of the act are involved. These
charging provisions must be clearly provided in the statute. These charging
provisions provide the extent and coverage of the subjects as to whom the
tax is applicable. It also provides the outline in the form of subjects which
the legislature wants to cover under the law. Charging provisions are to be
interpreted strictly as it results in financial burden. There cannot be any
ambiguity and meaning which is clear, obvious, direct is given. Nothing can
be inferred to substantiate the intention of the legislature or purpose for
which the law was made. Once the revenue shows that particular subject is
covered by law then tax is applicable for all those subjects. But if it fails to
prove then no tax can be imposed by extending the meaning.
● Principal of equity has no role to play in case of taxation law. It is because
there is a lot of deeming legal fiction involved in tax laws. Thus, whatever is
written must be strictly followed without considering its justness. If the
words are clear, then the court has to give that meaning irrespective of
consequences it resulted into or in other words even if such construction is
unequitable, then also the Court is bound due to legal fiction. Court cannot
meet the deficiency by extending the provisions of the statute. It is the duty
of the legislature to rectify it through amendments.
● In a Taxation statute, if a word has a clear meaning, then in that case, the
court is bound to follow the clear meaning even if such meaning results in
absurd results. It is in the legislature's domain to rectify such absurdity. In
case of taxation statutes, Courts cannot extend the scope of law by giving
meanings to words which are unclear or uncertain. This is based on the
reason that if the legislature had thought of such a situation then it would
have covered it by using appropriate description and words under the
principal act or taxation authority would have issued some notification
clarifying the same.
● Case law - The case of State of Uttar Pradesh v. Kores India Ltd. (AIR 1977
SC 132) is relevant. In this case, the issue was pertaining to the inclusion of
carbon paper in the definition of the word “paper”. It was held by the
Hon’ble Supreme Court that in common parlance word paper is one which is
used for writing, packaging and printing whereas carbon paper is used
entirely for different purposes. Moreover, the manufacturing process of
carbon paper is entirely different and complicated from that of normal paper.
So, Court held carbon paper will not be included in normal paper so as to
make it subject to taxation. It was held that the meaning of paper is quite
clear and there is no need to interpret it so as to extend its meaning to
include carbon paper. Thus, Courts are not required to extend the meaning to
cover the subjects which on the face cannot be included in common
parlance. It is only when specifically provided by statute then only it
becomes subject to tax.
● The second and third stage involved in any tax laws are assessment of the
liability and recovery of dues respectively. These provisions are machinery
provisions which provide for technicalities and procedures to be followed
under the act to make it functional. These provisions are to be interpreted
fairly and liberally to promote the intention of the legislature. In case of
contradiction whereby two meanings are coming out then one which is
reasonable, which will assist in fulfilling the intention of the legislature and
solving the purpose for which law was enacted is preferred. They are to be
interpreted in such a way so as to enforce and apply charging provisions
smoothly.
● In case of exemptions, strict rule does not apply rather liberal rule is applied.
All the conditions under which exemptions are given must be clearly
specified. Once the assessee has shown that all the conditions precedent
required to claim exemptions are fulfilled then he is entitled to claim
exemptions. Once the assessee falls within the category of exemptions, then
such exemption should be allowed. It cannot be denied on the basis of
assumed or likely intention of the authority making the law.
● The doctrine of Substantial Compliance is based on the principle of equity
which is also applicable to taxation laws. According to this doctrine, if the
conditions for claiming exemptions are met substantially or only a few
minor procedural requirements are not fulfilled which does not hamper the
purpose for which such law was made then in that case substantial
compliance can also entitles one to claim exemptions. Applicability of such
doctrine is based on case to case basis as its results are different depending
on facts of each case, extent of compliance, whether partial compliance
fulfills the essence, object and purpose of the law.
● Conclusion
● As the tax laws are interpreted strictly, the legislature must ensure that words
used in the statute are clear and wide enough to cover all subjects which it
intends to be taxed. Words and descriptions should be used with proper care
and sophistication so as to avoid any ambiguity. While making the laws,
assistance of such experts should be taken who deal with such laws on a
daily basis as they are the ones who understand the intricacies and could
help in drafting the law involving the intricacies and complexities.
Experienced Chartered Accountants, Litigators and officers of tax
department should be consulted and their experience should be considered
while enacting the laws. If the tax laws are drafted with loopholes, then the
purpose of that law is not fulfilled and the whole law collapses.
● Imposition of tax is a burden on the assessee so it should be interpreted
strictly and no such construction should be made on the basis of
presumptions and assumptions as to the intention of the legislature. No
addition or subtraction should be allowed in case of charging provisions in
furtherance of fulfilling the purpose of the act or to meet the intention of the
legislature. Tax laws should be interpreted in manner so as to maintain a
balance between interest of both revenue department and the assessee.
● Also, the role of Courts is not to apply the tax laws blindly and strictly but it
should check whether the transactions of assessee amounts to evasion of tax,
avoidance of tax or its just tax planning. If assessee deliberately makes the
complex transactions so as to avoid taxes and thereby intends to game the
system, then the Courts should adopt for reasonable and equitable
construction in favour of revenue.
6. Explain the various forms of presumption while interpreting a
statute/Elucidate the forms of Presumption while interpreting a Statute.
7. Discuss the importance of Proviso Clause in interpreting a Statute.

● A proviso is added to a principal clause primarily with the object of taking
out of the scope of their charges re- principal clause what is included in it
and what the Legislature desires to be excluded. The proper function of the
proviso is to qualify something enacted in the substantive clause, which but
for the reliance on proviso would be within that clause unless the context,
setting and purpose of the provision warrants a different construction.
● It is a cardinal rule of interpretation, that a proviso to a particular provision
of a statute only embraces the field that is covered by the main provision to
which it has been enacted as a proviso and to no other.
● It is true that ordinarily a proviso is designed to restrict rather than to enlarge
the provision to which it is appended but this is not an inflexible rule and
there are cases in w hich the language might well lead one to the conclusion
that the legislature intended to exercise its enacting power. If after a careful
forfeited amc examination of the proviso, the provision to which it is
attached, and the act as a whole, the court comes to the conclusion that the
legislature intended to create a liability, it is the duty of the court to the
advance a give effect to the intention even though it is embodied in a
proviso.
● A proviso is subsidiary to the main section and it must be construed in the
light of the section itself. The object of the proviso, as it has so often been
stated, is to carve out from the main section a class or category to which the
main section does not apply. But in carving out from the main section one
must always bear in mind what is the class referred to in the main section
and must also remember that the carving out intended by the proviso is from
the particular class dealt with by the main section and from goods auction no
other class.
● The question arose whether the proviso in the Act under consideration was a
limiting provision to the main provision or was a substantive provision in
itself. The court observed that "so far as a general principle of construction
of a proviso is concerned, it has been broadly stated that the function of a
proviso is to limit the main part of the section and carve out something
which but for the proviso would have been within the operative part."
The proviso is an enacting provision?
Sales Tax Commissioner v. B.G. Patel 1995 (1) TMI 311 – SUPREME
COURT) and Balachandra Anantrao Rakvi v. Ramchandra Tukaram 2001
(10) TMI 1103 – SUPREME COURT
• Court declined to read into any enactment words which are not to be found there
and which would alter its operative effect because of provisions to be found in any
proviso Relying on the said dicta Lord Goddard in Bretherton vs. United
Kingdom Totalisator Co. Ltd. [(1945) 2 All.E.R. 202] held:-
A proviso is not to be construed as an enacting provision enabling something to be

done which is not to be found in the statute itself.
• Proviso should not render itself otiose or ineffective or to render substantive

provision redundant.
• The correct way to understand a proviso would be to read it in the context of the
main provision and not in isolation.
The Fallacy
• The fallacy of the proposed method of interpretation is not far to seek. It sins
against the fundamental rule of construction that a proviso must be considered in
relation to the principal matter to which it stands as a proviso.
• It treats it as if it were an independent enacting clause instead of being dependent

on the main enactment.
• The Courts, as, for instance, in Ex p. Partington [(1844) 6 Q.B. 649]., Re
Brocklebank [(1889) 23 Q.B.D.461], and Hill v. East and West India Dock Co.
[(1884) 9 App.Cas.448], has frequently pointed out this fallacy, and have refused
to be led astray by arguments, which depend solely on taking words absolutely in
their strict literal sense, disregarding the fundamental consideration that they
appear in the proviso.
The Golden Rule

(Dwarka Prasad v. Dwarka Das Saraf 1975 (8) TMI 121 – SUPREME
COURT)
● A proviso ordinarily is but a proviso, although the golden rule is to read the
whole section, inclusive of the proviso, in such manner that they mutually
throw light on each other and result in a harmonious construction.
● If the principal provision is clear then a proviso cannot expand or limit it.
Sometimes a proviso is engrafted by an apprehensive draftsman to remove
possible doubts, to make matters plain, to light up ambiguous edges
The function of the Proviso

• The normal function of a proviso is to except something out of the enactment or
to qualify something enacted therein which but for the proviso would be within the
purview of the enactment.
• As was stated in Mullins v. Treasurer of Survey [1880 (5) QBD 170],

(referred to in Shah Bhojraj Kuverji Oil Mills and Ginning Factory v.
Subhash Chandra Yograj Sinha (AIR 1961 SC 1596) and Calcutta Tramways
Co. Ltd. v. Corporation of Calcutta (AIR 1965 SC 1728); when one finds a
proviso to a section the natural presumption is that, but for the proviso, the
enacting part of the section would have included the subject matter of the proviso.
• The proper function of a proviso is to except and to deal with a case which would
otherwise fall within the general language of the main enactment and its effect is
confined to that case. It is a qualification of the preceding enactment which is
expressed in terms too general to be quite accurate.
8. Briefly deal with the Mischief Rule of Construction/Discuss the
Heydon's Rule of Construction with its principles.
● Mischief Rule originated in Heydon’s case in 1584. It is the rule of
purposive construction because the purpose of this statute is most important
while applying this rule. It is known as Heydon’s rule because it was given
by Lord Poke in Heydon’s case in 1584. It is called a mischief rule because
the focus is on curing the mischief.
● In the Heydon’s case, it was held that there are four things which have to be
followed for true and sure interpretation of all the statutes in general, which
are as follows-
1. What was the common law before the making of an act?
2. What was the mischief for which the present statute was enacted?
3. What remedy did the Parliament sought or had resolved and appointed to
cure the disease of the commonwealth.
4. The true reason for the remedy.
● The purpose of this rule is to suppress mischief and advance the remedy.
● Rule of beneficial construction or the Heydon’s Rule
● Where the language used in a statute is capable of more than one
interpretation rule, the principle laid down in the Heydon’s case shall apply.
The interpretation rule which is also known as ‘purposive construction’ or
‘mischief rule’. It has been introduced to avoid misinterpretation of statutes.
● The rule directs that the courts must adopt that construction which shall
suppress (reduce) the mischief and advance remedy. The rule in Heydon’s
case is applicable only when the words used are ambiguous. Also they are
applicable when they are reasonably capable of more than one meaning.
● For example, the term ‘prize competition’ is defined as any competition. In
which prizes are offered for the solution of any puzzle. It is based upon the
building up arrangement, combination or permutation of letters, words or
figures. The issue is whether the Act applies to competitions which involve
substantial skill and are not in the nature of gambling. Considering the
possibility of mischief, courts have the opinion. The competitions in which
success does not depend on any substantial degree of skill ought to be
controlled and regulated by the Act.
● Case laws
● Smith v. Huges, 1960 WLR 830, in this case around the 1960s, the
prostitutes were soliciting in the streets of London and it was creating a huge
problem in London. This was causing a great problem in maintaining law
and order. To prevent this problem, Street Offences Act, 1959 was enacted.
After the enactment of this act, the prostitutes started soliciting from
windows and balconies.
● Further, the prostitutes who were carrying on to solicit from the streets and
balconies were charged under section 1(1) of the said Act. But the
prostitutes pleaded that they were not solicited from the streets.
● The court held that although they were not soliciting from the streets yet the
mischief rule must be applied to prevent the soliciting by prostitutes and
shall look into this issue. Thus, by applying this rule, the court held that the
windows and balconies were taken to be an extension of the word street and
charge sheet was held to be correct.
● Pyare Lal v. Ram Chandra, the accused in this case, was prosecuted for
selling the sweeten supari which was sweetened with the help of an artificial
sweetener. He was prosecuted under the Food Adulteration Act. It was
contended by Pyare Lal that supari is not a food item. The court held that the
dictionary meaning is not always the correct meaning, thereby, the mischief
rule must be applicable, and the interpretation which advances the remedy
shall be taken into consideration. Therefore, the court held that the word
‘food’ is consumable by mouth and orally. Thus, his prosecution was held to
be valid.
● Kanwar Singh v. Delhi Administration, AIR 1965 SC 871.
● Issues of the case were as follows- section 418 of Delhi Corporation Act,
1902 authorised the corporation to round up the cattle grazing on the
government land. The MCD rounded up the cattle belonging to Kanwar
Singh. The words used in the statute authorised the corporation to round up
the abandoned cattle. It was contended by Kanwar Singh that the word
abandoned means the loss of ownership and those cattle which were round
up belonged to him and hence, was not abandoned. The court held that the
mischief rule had to be applied and the word abandoned must be interpreted
to mean let loose or left unattended and even the temporary loss of
ownership would be covered as abandoned.
SN —-------------------------------------------------------------------------------------------
1. Doctrine of Severability
Introduction
● Exercising fundamental rights are the essence of a decent life and the
holistic development of an individual. Fundamental rights are set out in Part
III of the Constitution of India, which applies to all citizens of India.
Incorporating basic rights into the Constitution is as important as enforcing
provisions when they are violated.
● If a part of the law turns out to be unconstitutional, you must determine if
this part is invalid. The idea of division is also called the theory of division.
The Doctrine of Severability, also called the act of separability, is that if a
particular law violates constitutional restrictions, but is separable from the
main body of the law, the court declares this offending clause
unconstitutional, invalid, and not the entire law.
The Legal Article that regulates the Doctrine of Severability
● Article 13 of the Constitution of India describes the Doctrine of Severability

as a savior in the fight against infringement of fundamental rights. It is
important to rethink the "Dogma of Separability" under the Constitution of
India. It states the extent to which any part is inconsistent which shall be
termed as invalid.
a. If a particular part of the legislation goes beyond the fundamental rights of
the Constitution, the actual part of the legislation is declared invalid if the
legislation / unconstitutional part of the legislation is separable.
b. However, if the unconstitutional part of the law is inseparable, the entire
legislation is declared invalid.
c. Therefore, separability occupies an important position in nullifying the
unconstitutional part of the legislation.
● The doctrine derives its validity from Article 13 which states,
“All laws in force in India, before the commencement of the

Constitution, in so far as they are inconsistent with the provisions of
fundamental rights shall to the extent of that inconsistency be void.”
● As an extension of Article 13, the doctrine states that when some particular
provision of the statute infringes or violates the fundamental rights, but the
provision is severable from the rest of the statute, and then only that
provision will be declared void by the courts and not the entire statute.
● The doctrine essentially lays down that if violative and non-violative
provisions are separated in a way that the non-violative provision can exist
without the violative provision, then the non-violative provision will be
upheld as valid and enforceable.
● Scope of Article 13
1. Article 13 (1) confirms all pre-Constitutional laws and all pre-Constitutional
laws that were in force before the enactment of the Indian Constitution as
invalid if they contradict basic rights.
2. Article 13 (2) requires the State not to enact a law that abolishes or limits the
fundamental rights granted in Part III of the Constitution of India, and the
case of any breach of this provision by law will be termed invalid.
● Characteristics of the Doctrine of Severability
1. If only some or part of the statutes attack or violate basic rights, and in such
cases, the Doctrine of Severability applies.
2. Article 13 of the Constitution claims the legitimacy of the Doctrine of
Severability
3. The part that contradicts the provisions of basic rights, shall be invalid to the
extent of the contradiction.
4. The violating part should be separable from other laws, for which the court
will only unconstitutional that specific part.
5. The concept is that a non-infringement clause is recognized as legal and
enforceable if the infringement can survive without the main clause.
● The Doctrine of Severability paves the way for judicial review. If a person
claims that the law infringes their fundamental rights and requires a judicial
review of the decision, they are responsible for proving how the law in
question infringed their rights.
● In India's constitutional system, the Doctrine of Severability is the central
foundation and the basis for assessing the legality of the law. It serves to
check the unlimited authority.
● Cases
In AK Gopalan v. State of Madras, the Court found Section 14 of the Preventive

Detention Act to be violative of Article 14 of the Constitution. The Court added
that strikingly and the whole down Section 14 will not change the object of the Act
and thus only the impugned provision will be struck down and not the act as a
whole. A similar observation was made in DS Nakara v. Union of India.
● In State of Bombay v. FN Balsara, it was held that the violative provisions

of the Bombay Prohibition Act, 1949, do not affect the validity of the entire
Act and thus there was no need to invalidate the statute altogether.
● The Supreme Court declared Sections 4 and 55 of the 42nd Constitutional
Amendment Act invalid, for being beyond the amending powers of the
Constitution but held the rest of the Act valid.
● In Kihoto Hollohan v. Zachillu, the Court upheld the validity of the Tenth
Schedule while striking down its paragraph 7 for violating the provisions of
Article 368(2).
2. Difference between Noscitur a sociis and Ejusdem generis.
3. Ejusdem generis.
● Meaning and definition
● ‘Ejusdem Generis’ is a Latin term and the meaning of it is “of the same kind
and nature”.
● According to the Black’s Law Dictionary (8th edition, 2004.), “the
principle of Ejusdem Generis is where general words follow an enumeration
of persons or things by particular and specific words. Not only these general
words are construed but also held as applying only to persons or things of
the same general kind as those specifically enumerated.”
● This doctrine is also called Lord Tenterden’s Rule, which is an ancient
doctrine. 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 and only to include the items
or things which will be of the 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.”
● 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.
● In the case of Evans v. Cross [(1938) 1 KB 694], the Court had applied the
ejusdem generis rule. The issue was in relation to the interpretation of the
word “other devices”. It was under the definition of “traffic signals” under
Section 48(9) Road Traffic Actually, 1930, to include “all signals, warning
sign posts, signs, or other devices”. The Court held that a painted line on a
road cannot be included in the “other devices” as a traffic sign because
devices are here indicating a thing, whereas painted line on a road is not.
● Need for the doctrine of ejusdem generis
● The need for interpretation of statute by the doctrine of Ejusdem Generis
arises when-
1. There is ambiguity in the language of the provisions of statutes, or
2. When in the provision, there is a possibility of two views, or
3. The meaning which the provision of a statute gives, defeats the purpose
of the statute.
● There is no need for the interpretation if in the language there is no
ambiguity and it is clear.
● WHEN APPLIED:
● Unless the context requires, the natural meaning should be given to the
general words normally. In the case of Lilawati Bai v. Bombay State, 1957
Supreme Court, the Court observed that “where the context and the object
and mischief of the enactment do not require restricted meaning to be
attached to words of general import, the Court must give those words their
plain and ordinary meaning.”
● But when reading, it is found that there is some ambiguity in the provisions
of the statute and the intent of the statute is to restrict the general words to
the category of the specific words, then this doctrine of ejusdem generis is
applied. Therefore, when general words follow the specified words and
those specified words have a genus/category then the general words will be
restricted to the same genus/category. This is done because the legislation
has shown its intention by using such words of class/category and if the
Court will go in contrary to that intention and give wider meaning to the
general words then the purpose of the legislation will be defeated.
● Ejusdem generis: a facet of noscitur a sociis
● As has been observed by the Court in the case of Maharashtra University of
Health and others Vs Satchikitsa Prasarak Mandal & Others, 2010
Supreme Court “soccis” is a Latin word, which means “society”. “Noscitur
a sociis” is a Latin maxim which means that “the term in a statute is to be
recognized by the associated words”. The doctrine of ejusdem generis is a
facet of Noscitur a sociis. “Therefore, when general words are juxtaposed
with specific words, general words cannot be read in isolation. Their color
and their contents are to be derived from their context.” Same observation
was made by the Court in the case of Viscount Simonds in Attorney
General v. Prince Ernest Augustus of Hanover, (1957) AC 436 at 461 of
the report.
● Essentials of the doctrine of ejusdem generis
● In the case of Amar Chandra Chakraborty v. Collector of Excise, 1972
Supreme Court and Uttar Pradesh State Electricity Board v. Harishanker,
1979 Supreme Court the five essential conditions for the application of this
rule were laid. “The conditions or the elements are as follows:
a. The statute contains an enumeration of specific words,
b. The subjects of enumeration constitute a class or category;
c. That class or category is not exhausted by the enumeration;
d. The general terms follow the enumeration; and
e. There is no indication of a different legislative intent.”
4. Doctrine of Eclipse
● The Judiciary is the guardian of the rights provided for in the Constitution of
India. It is the job of the judiciary to restrain the actions of the Legislature
and the Executive where they are infringing upon these rights. When the
Constitution was adopted on January 26, 1950, with it came, the
fundamental rights that are guaranteed to the citizens.
● There were several existing laws at the time when the Constitution was
adopted, some of which were in direct conflict with fundamental rights, so in
order to determine the validity of these laws the Supreme Court came up
with certain principles/doctrines, one of which was the Doctrine of Eclipse.
● This doctrine emanates directly from Article 13(1) of the Constitution that is
a part of the fundamental rights, which states, “all laws in force in the
territory of India immediately before the commencement of this Constitution
in so far as they are inconsistent with the provisions of this Part, i.e. Part III,
shall, to the extent of such inconsistency, be void.”
● The doctrine of eclipse envisages fundamental rights as prospective in
nature.
● It states that a pre-constitutional law inconsistent with the fundamental rights
is not a nullity or void ab initio but only remains unenforceable, i.e., remains
in a dormant state.
● They exist for all past transactions, i.e., for rights and liabilities that were
acquired before the Constitution came into being.
● These laws also remain applicable to individuals who have not been given
fundamental rights, for example, non-citizens.
● Therefore, the impugned law remains hidden behind the fundamental rights
and can become operative again if and when the fundamental right it is
inconsistent with is amended.
● Court Rulings related to Doctrine of Eclipse
● The Doctrine of Eclipse has evolved through various Supreme Court rulings
after the adoption of the Constitution.
● In the Keshav Madhav Menon v. State of Bombay case, the petitioner was
prosecuted under the provisions of the 1931 act, the Indian Press
(Emergency Powers) Act, for publishing a pamphlet with no permission.
The case was still pending when the Constitution came into force and thus
raised questions regarding the prospective and retrospective nature of Article
13(1) and the word “void”. The question before the Court was whether the
impugned Act was violative of Article 19(1) (a) and if so whether it should
be declared void. The Court answered the first part in affirmative adding that
the Act is void only to the extent of the violation and that the word “void”
used in Article 13 does not mean that statutes or provisions shall be repealed
altogether.
● In the case of FN Balsara, the Court declared Section 13(b) of the Bombay
Prohibition Act of 1949 as void because it violated Article 19(1) (f) of the
Constitution. The Court again held that only the part of the statute that is
violative of Part III is inoperative and not the whole Statute.
5. Harmonious Construction
● Introduction
● A legal doctrine is a principle, a theory, or a position that is commonly
applied and upheld by the courts. Different judicial doctrines have developed
over time in the Indian constitutional law based on different judicial
interpretations by the judiciary. These legal concepts did not form or take
place at once but they are a result of disagreements, unrest, debates, and
legislative solutions, and require improvement. These situations arise when
the statutes and their provisions have more than one interpretation because
of an ambiguity in the law.
● Scope and objective of the doctrine of Harmonious Construction
● The aim of the judiciary and the courts should be to view the law as a whole.
The interpretation of the law should be such that it prevents confusion or
incompatibility between the different sections or parts of the statute being
used.
● Whenever a discrepancy arises between two or more statutes or different
clauses or sections of a statute, the doctrine of harmonious construction must
be followed.
● The doctrine is based on the straightforward principle that every statute has a
legal purpose and should be read in totality. The interpretation should be
such that it is unswerving and all of the statute’s provisions should be used.
In the event that harmonizing two or more statutes or different clauses or
sections of a statute is unlikely, the court’s decision on the provision would
take precedence.
● Latin maxims related to the doctrine of Harmonious Construction
● Generalia specialibus non derogant
● The Latin maxim means that the courts prefer specific provisions to
provisions of general application whenever the provisions are in conflict. In
other words, the general rule to be followed in case of a conflict between
two statutes is that the latter retracts the previous one. One cannot hold that
previous or special legislation indirectly repealed, altered or considered it in
derogation, simply by force of such general words, without any suggestion
of that particular intention to do so. This means that a prior special law
would yield to a later general law if two of the following conditions are
satisfied, the later law, even though general, would prevail if:
● The two provisions are conflicting with each other.
● There is some express reference in the later legislation of the previous
enactment.
● Generalibus specialia derogant
● Generalibus specialia derogant is another legal maxim used in connection
with the harmonious construction rule in India. It basically means that
special things detract from general things. In other words, if a special
provision is made on a certain matter, then that matter is excluded from
the general provisions. Applying this rule, the Patna High Court held in
its judgement, Vinay Kumar Singh v. Bihar State Electricity Board (2003)
that Article 351 of the Constitution of India is a general provision
regarding the development of Hindi in India. Article 348 on the other
hand, is a specific provision with respect to the language to be used in the
Supreme Court and the high courts. Therefore, the applicability of Article
351 of the Constitution is entirely precluded.
● Cases –
● Ishwari Khaitan Sugar Mills v. State of Uttar Pradesh, in this case, the
State Government proposed to acquire sugar industries under U.P Sugar
Undertakings (Acquisition) Act, 1971. This was challenged on the
ground that these sugar industries were declared to be a controlled one by
the union under the Industries (Development and Regulation) Act, 1951.
And accordingly, the state did not have the power of acquisition or
requisition of property which was under the control of the union. The
Supreme Court held that the power of acquisition was not occupied by the
Industries (Development and Regulation) Act, 1951. The state had a
separate power under Entry 42 List III.
● M.S.M Sharma v. Krishna Sinha, AIR 1959 SC 395.
● Facts of the case are as follows- Article 19(1)(a) of the Constitution
provides for freedom of speech and expression. Article 194(3) provides
for the Parliament to be punished for its contempt and it is known as the
Parliamentary Privilege. In this case, an editor of a newspaper published
the word -for- word record of the proceedings of the Parliament including
those portions which were expunged from the record. He was called for
the breach of parliamentary privilege.
● He contended that he had a fundamental right to speech and expression. It
was held by the court that article 19(1)(a) itself talks about reasonable
freedom and therefore freedom of speech and expression shall pertain
only to those portions which have not been expunged on the record but
not beyond that.
6. Stare Decisis.
● Introduction
● The term ‘Stare Decisis’ originates from Latin. It means ‘to abide by things
decided.’ The doctrine of Stare Decisis is used by all courts in all cases/legal
issues. A doctrine is nothing but a principle or instruction, however, it is not
essentially a hard and fast rule that can not be broken. For instance, if the
Supreme Court passes a judgement and it becomes a precedent, then as per
the doctrine of Stare Decisis, the lower courts must follow such a judgement.
The same principle has been mentioned in Article 141 of the Constitution.
● The doctrine of Stare Decisis means that courts refer to the previous, similar
legal issues to guide their decisions. Such previous decisions that courts
refer to are known as “precedents”. Precedents are legal principles or rules
that are created by the decisions given by courts. Such decisions become an
authority or an example for the judges to decide similar legal cases/issues in
the future. The doctrine of Stare Decisis creates an obligation on courts to
refer to precedents when taking a certain decision. Let us know more about
the doctrine of Stare Decisis through this article.
● Essential objectives of the doctrine of Stare Decisis
● The doctrine of Stare Decisis refers to the concept that courts must follow
previously made judicial decisions in cases where the same legal issues are
brought before them in subsequent matters. The concept of Stare Decisis
aims to pursue four essential objectives, they are as follows –
● The doctrine of Stare Decisis builds confidence amongst the people in
planning their economic and social transactions by acknowledging that their
actions are in compliance with the law.
● The doctrine of Stare Decisis encourages the private resolution of disputes as
the court may give its decision based on the decision of a similar previously
decided case or legal issue. Since the parties to an issue already know the
outcome of a similar legal issue, they might look for private dispute
resolution rather than going through the conventional court procedure.
● The doctrine of Stare Decisis reduces the burden on the courts as well. It
eliminates the requirement to litigate again in the cases wherein the
decisions have already been given. It also curbs the need for fresh litigation
whenever the judge/bench changes.
● The doctrine of Stare Decisis strengthens the confidence of the people in the
judiciary as the said doctrine establishes certain restrictions and constraints
on the powers of the judges. For instance, the doctrine of Stare Decisis
requires the judges to decide legal matters before them in a foreseeable and
rational manner.
● In the case of ICICI Bank v. Municipal Corporation of Greater Bombay
(2005), it was held that the decision given by the Apex Court must be read
following the context of the statutory provisions which have been interpreted
by the competent court. It was also stated that no judgement can be read if it
is a statute. Since the law cannot always be static, based on the relevant
principles and rules, the Judges must cautiously make use of the precedents
in deciding cases.
7. Doctrine of Repugnancy
● Introduction
● The Constitution of India, the supreme law of the nation, has empowered the
Central and the State Government to enact laws by virtue of various Articles
read with Schedule VII. Black’s Law Dictionary defines repugnancy as
inconsistency or contradiction between two or more parts of a legal
instrument. In a system that divides its law-making power between the
Centre and the States, an inconsistency can arise between the laws made by
the Centre and those made by the State. The Doctrine of Repugnancy was
introduced in the Constitution to resolve such situations.
● Meaning of doctrine of repugnancy
● Article 254 of the Indian Constitution establishes the doctrine of repugnancy
in India. Before getting to this doctrine, it is quintessential to understand the
legislative scheme and the Centre-State relations set out by the Constitution.
● Article 245 empowers the Parliament to make laws for the whole or any part
of India and the State legislature to make laws for the whole or any part of
the State. It also states that a law made by the Parliament shall not be
deemed invalid due to its extraterritorial application. Further, Article 246
provides the subject-matter of laws that can be made by the Parliament and
Legislature of the States.
○ The Parliament has exclusive powers to make laws for all matters
given in the Union List or List I of the Schedule VII of the Indian
Constitution.
○ The Legislature of the State has powers to make laws for such State
for all matters given in the State List or List II of Schedule VII.
○ Both the Parliament and the State Legislature have powers to make
laws for all matters listed in the Concurrent List or List III of the
Seventh Schedule.
○ The Parliament is empowered to make laws relating to any matter for
any part of the territory of India, not included in a State,
notwithstanding if it is enumerated in the State List.
● Repugnancy means a contradiction between two laws which when applied to
the same set of facts produce different results. It is used to describe
inconsistency and incompatibility between the Central laws and State laws
when applied in the concurrent field. The situation of repugnancy arises
when two laws are so inconsistent with each other that the application of any
one of them would imply the violation of another.
● Tests for determining repugnancy
● The principles of repugnancy have been applied under the Australian
Constitution and have been borrowed by analogy for their application in
India. Following Australian precedents, the Court in the case of Deep Chand
v. State of Uttar Pradesh observed that repugnancy between two enactments
can be identified with the help of the following three tests:
● Whether there is a direct conflict between the two conflicting provisions;
● Whether the Parliament intended to lay down an exhaustive enactment on
the subject-matter and to replace the law made by the State legislature; and
● Whether the law made by the Parliament and that made by the State
legislature occupies the same field.
● Judicial interpretation
● One of the landmark judgments concerning this doctrine is M. Karunanidhi
v. Union of India. In this case, a constitutional bench of the Apex court
considered the question of repugnancy between a law made by the
Parliament and a law made by the State legislature. It was observed that the
following conditions should be satisfied for the application of the doctrine of
repugnancy:
a. A direct inconsistency between the Central Act and the State Act.
b. The inconsistency must be irreconcilable.
● The inconsistency between the provisions of the two Acts should be of such
nature as to bring the two Acts into direct collision with each other and a
situation should be reached where it is impossible to obey the one without
disobeying the other.
8. Definitional Clause - already covered above
9. Noscitur a sociis
● The “Noscitur a Sociis” i.e. “It is known by its associates'. In other words,
the meaning of a word should be known from its accompanying or
associating words. It is not a sound principle in interpretation of statutes, to
lay emphasis on one word disjuncted from its preceding and succeeding
words. A word in a statutory provision is to be read in collocation with its
companion words. The pristine principle based on the maxim „noscitur a
socitis‟ has much relevance in understanding the import of words in a
statutory provision (K. Bhagirathi G. Shenoy v. K.P. Ballakuraya, AIR 1999
SC 2143). The rule states that where two or more words which are
susceptible of analogous meaning are coupled together, they are understood
in their cognate sense. It is only where the intention of the legislature in
associating wider words with words of narrower significance, is doubtful
that the present rule of construction can be usefully applied.
● The same words bear the same meaning in the same statute. But this rule
will not apply:
a. When the context excluded that principle.
b. If sufficient reason can be assigned, it is proper to construe a word in
one part of an Act in a different sense from that which it bears in
another part of the Act.
c. Where it would cause injustice or absurdity.
d. Where different circumstances are being dealt with.
e. Where the words are used in a different context. Many do not
distinguish between this rule and the ejusdem generis doctrine. But
there is a subtle distinction as pointed out in the case of State of
Bombay v. Hospital Mazdoor Sabha.
10. Doctrine of Occupied Fields

● The doctrine of occupied field indicates a field(s) that is or has been
occupied. In India, the Parliament and the State Legislatures legislate on
different subjects, which are mentioned in the Union List and the State List,
respectively. There is also a third list, the Concurrent List, on which both the
Parliament as well as the State Legislatures can legislate. But, there are
certain subjects in the State List, which are placed under a corresponding
entry in either the Union List or the Concurrent List. These subjects are
under the legislative power of the Union.
● The doctrine of occupied field does not actively mitigate center-state conflict
over legislation, it simply mentions that certain subjects in the State List are
within the purview of the Parliament. When an entry is attached to a
corresponding entry in the Union List, it means that the Parliament will have
exclusive jurisdiction over it, and where an entry is attached to a
corresponding entry in the Concurrent List, even though the state
government can legislate on matters of the Concurrent List, the law made by
the Parliament will be given supremacy, if exclusive jurisdiction not already
rests with the Parliament.
● The doctrine of occupied fields is found in Entry 52, List I, Entry 24, List II,
which when read together, state that the Parliament can make laws to
exercise control of certain industries in public interest, which would render
those industries out of the legislative power of the State Legislatures.
Further, Entry 7, List I, provides that the Parliament has competence to
legislate over industries necessary in relation to defense or prosecution of
war. The doctrine provides a basis for the Parliament to legislate on matters
related to mines and minerals, higher education, regulation of ports etc.
● The doctrine of occupied field is often confused with the doctrine of
repugnancy, and the latter finds its place in Article 254(1) of the Indian
Constitution. Where the doctrine of occupied field talks about the existence
of legislative power, the doctrine of repugnancy signifies the exercise of
such legislative power. The two are not mutually exclusive, but the latter is
an extended form of the former.
11.The Preamble of the Constitution and Preamble of other Legislation.
Introduction
■ A preamble is an introductory statement in a document that explains the
document’s philosophy and objectives.
■ In a Constitution, it presents the intention of its framers, the history
behind its creation, and the core values and principles of the nation.
■ The preamble basically gives idea of the following things/objects:
○ Source of the Constitution

○ Nature of Indian State
○ Statement of its objectives
○ Date of its adoption
History of the Preamble to Indian Constitution

■ The ideals behind the Preamble to India’s Constitution were laid down
by Jawaharlal Nehru’s Objectives Resolution, adopted by the
Constituent Assembly on January 22, 1947.
■ Although not enforceable in court, the Preamble states the objectives of
the Constitution, and acts as an aid during the interpretation of Articles
when language is found ambiguous.
Components of Preamble
■ It is indicated by the Preamble that the source of authority of the
Constitution lies with the people of India.
■ Preamble declares India to be a sovereign, socialist, secular and
democratic republic.
■ The objectives stated by the Preamble are to secure justice, liberty,
equality to all citizens and promote fraternity to maintain unity and
integrity of the nation.
■ The date is mentioned in the preamble when it was adopted i.e.
November 26, 1949.
Key words in the Preamble

■ We, the people of India: It indicates the ultimate sovereignty of the
people of India. Sovereignty means the independent authority of the
State, not being subject to the control of any other State or external
power.
■ Sovereign: The term means that India has its own independent
authority and it is not a dominion of any other external power. In the
country, the legislature has the power to make laws which are subject to
certain limitations.
■ Socialist: The term means the achievement of socialist ends through
democratic means. It holds faith in a mixed economy where both
private and public sectors co-exist side by side.
○ It was added in the Preamble by 42nd Amendment, 1976.

■ Secular: The term means that all the religions in India get equal
respect, protection and support from the state.
○ It was incorporated in the Preamble by 42nd Constitutional

Amendment, 1976.
■ Democratic: The term implies that the Constitution of India has an
established form of Constitution which gets its authority from the will
of the people expressed in an election.
■ Republic: The term indicates that the head of the state is elected by the
people. In India, the President of India is the elected head of the state.
Objectives of the Indian Constitution

■ The Constitution is the supreme law and it helps to maintain integrity
in the society and to promote unity among the citizens to build a
great nation.
○ The main objective of the Indian Constitution is to promote

harmony throughout the nation.
■ The factors which help in achieving this objective are:
○ Justice: It is necessary to maintain order in society that is

promised through various provisions of Fundamental
Rights and Directive Principles of State Policy provided
by the Constitution of India. It comprises three elements,
which is social, economic, and political.
● Social Justice – Social justice means that the

Constitution wants to create a society without
discrimination on any grounds like caste, creed,
gender, religion, etc.
● Economic Justice – Economic Justice means no
discrimination can be caused by people on the
basis of their wealth, income, and economic
status. Every person must be paid equally for an
equal position and all people must get
opportunities to earn for their living.
● Political Justice – Political Justice means all the
people have an equal, free and fair right without
any discrimination to participate in political
opportunities.
○ Equality: The term ‘Equality’ means no section of society
has any special privileges and all the people have been given
equal opportunities for everything without any
discrimination. Everyone is equal before the law.
○ Liberty: The term ‘Liberty’ means freedom for the people
to choose their way of life, have political views and behavior
in society. Liberty does not mean freedom to do anything, a
person can do anything but in the limit set by the law.
○ Fraternity: The term ‘Fraternity’ means a feeling of
brotherhood and an emotional attachment with the country
and all the people. Fraternity helps to promote dignity and
unity in the nation.
○ Status of Preamble
○ The preamble being part of the Constitution is discussed several
times in the Supreme Court. It can be understood by reading the
following two cases.
a. Berubari Case: It was used as a reference under Article 143(1) of

the Constitution which was on the implementation of the Indo-
Pakistan Agreement related to the Berubari Union and in
exchanging the enclaves which were decided for consideration by
the bench consisting of eight judges.
b. Through the Berubari case, the Court stated that ‘Preamble is the
key to open the mind of the makers’ but it can not be considered as
part of the Constitution. Therefore it is not enforceable in a court of
law.
c. Kesavananda Bharati Case: In this case, for the first time, a
bench of 13 judges was assembled to hear a writ petition. The
Court held that:
d. The Preamble of the Constitution will now be considered as part
of the Constitution.
e. The Preamble is not the supreme power or source of any restriction
or prohibition but it plays an important role in the interpretation of
statutes and provisions of the Constitution.
f. So, it can be concluded that preamble is part of the introductory
part of the Constitution.
g. In the 1995 case of Union Government Vs LIC of India also, the
Supreme Court has once again held that Preamble is the integral
part of the Constitution but is not directly enforceable in a court of
justice in India.
12.Vicarious Liability and the Latin Maxim which deals with it.
● Principle of Vicarious liability
● Generally, a person is liable for his own wrongdoing and one does not bear
any obligation for the work done by others. The general rule of vicarious
liability is that liability of one person for the act done by another person,
may arise. The law refers to this as vicarious liability. For Example, the
liability of A for the act done by B can arise, it is necessary that there must
be a certain kind of relationship between A and B, and the wrongful act
should be, in a certain way, connected with that relationship. The common
example of such liability is:
1. Liability of principal for the tort of his agent.
2. Liability of partners of each other tort.
3. The company and its directors.
4. Owner and Independent Contractor.
5. Liability of the master for the tort of his servant.
● Vicarious liability is based on two legal maxims:
● Quit facit per alium facit per se
● This maxim also applies in the case of principal and agent. When a person
authorizes another person to perform a particular task, he becomes the chief
and the doer becomes the agent. In this case, the principal becomes liable for
the act of the agent. So, this legal maxim of vicarious liability is Quit facit
per alium facit per se. It also implies that the employer (or senior) is
responsible for the work of the employee.
● Respondeat Superior
● This legal maxim means “Let the Superior be Liable”. If we have to
understand this maxim then we can take a daily life example i.e. we often
see seniors sending juniors to seek adjournments or file applications. If the
junior is not able to understand the task well, or tries to show his or her legal
skills by making some commitment even if not specifically instructed by the
senior person, then in that case, the superior is responsible to answer to the
judge and also to clients.
● Reasons of Vicarious liability
● Several reasons have been advanced as to the justification for imposing
vicarious liability:
1. The master has the ‘deepest pocket’. The defendant’s funds, or the fact
that he has access to resources through insurance, have in some cases had
an unconscious effect on the development of legal principles.
2. A vicarious obligation encourages accident prevention by giving an
employer a financial interest in encouraging their employees to care for
the safety of others.
3. As an employer makes a profit from the activities of its employees, it
must also bear the losses that give rise to those activities.
● In Bartanshill coal co. v. McGuire, in this case, the words of Lord
Chelmsford, “it has been established by law that a master is liable to third
persons for any injury or damage done through the negligence or
unskillfulness of a servant acting under his master’s instructions. In such
instances, the principal will be liable for the act done by his agent.
13.Marginal Notes as an aid to interpretation.
14."The function of the judiciary is to interpret the law, not to legislate".

Explain.
15.Purposive Construction.

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1. Explain with example the various Internal Aids to interpretation.

Mention whether they are

1. Explain with example the various Internal Aids to interpretation.

● In all modern statutes, generally headings are attached to almost each

6. Exceptions and Saving Clauses

● Exceptions are generally added to an enactment with the purpose of

● Schedules attached to an Act generally deal with as to how claims or rights

● In ancient times, statutes were passed without punctuation and naturally,

10. Definition or Interpretation Clauses

● Definition or interpretation clauses are generally included in a statute with

2. Primary, Golden and Mischief Rules of Interpretation.

● Mischief means "Voluntarily cause injury or loss to someone"

3. Explain with example the various External Aids to interpretation.

● SALMOND has defined it as “the process by which the Courts seek to

1. Complexity of statutes in regards to the nature of the subject, numerous

2. Anticipation of future events leads to the use of indeterminate terms. The

3. The multifaceted nature of language. Language, words and phrases are an

Rule of Strict Interpretation

● Strict rule of interpretation is one of the principles used to interpret fiscal

Reasons for Applicability of Strict Rule on Taxation Statute

1. Tax is an extraction of money from the assessee (taxpayer) by the sovereign

Rule of Interpretation applicable to Taxation Statute

● Taxation statute is a fiscal statute which imposes the pecuniary burden on

7. Discuss the importance of Proviso Clause in interpreting a Statute.

A proviso is not to be construed as an enacting provision enabling something to be

• Proviso should not render itself otiose or ineffective or to render substantive

• It treats it as if it were an independent enacting clause instead of being dependent

The Golden Rule

The function of the Proviso

• As was stated in Mullins v. Treasurer of Survey [1880 (5) QBD 170],

The Legal Article that regulates the Doctrine of Severability

● Article 13 of the Constitution of India describes the Doctrine of Severability

“All laws in force in India, before the commencement of the

In AK Gopalan v. State of Madras, the Court found Section 14 of the Preventive

● In State of Bombay v. FN Balsara, it was held that the violative provisions

2. Difference between Noscitur a sociis and Ejusdem generis.

10. Doctrine of Occupied Fields

○ Source of the Constitution

History of the Preamble to Indian Constitution

Key words in the Preamble

○ It was added in the Preamble by 42nd Amendment, 1976.

○ It was incorporated in the Preamble by 42nd Constitutional

Objectives of the Indian Constitution

○ The main objective of the Indian Constitution is to promote

○ Justice: It is necessary to maintain order in society that is

● Social Justice – Social justice means that the

a. Berubari Case: It was used as a reference under Article 143(1) of

13.Marginal Notes as an aid to interpretation.

14."The function of the judiciary is to interpret the law, not to legislate".

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