CASE SUMMARY

Harla vs The State of Rajasthan

FACTS
In this particular case, it was brought to attention that the ruler of Jaipur possessed the authority to enact legislation.
However, a complication arose when the reigning monarch passed away, and the
successor, who was a minor, became the next in line for the throne. Consequently, during the period of the successor's
minority, the administrative authority appointed a council of ministers to legislate for the territory.
On December 11, 1923, the Council passed a resolution attempting to enact the Jaipur Opium Act.
The crucial question is whether the mere passage of the resolution, without promulgation or
publication in the Gazette or any other means to inform the public, was sufficient to establish the law.
Around the same time (approximately 1923, exact date unspecified), the Council also enacted the Jaipur Laws Act, 1923.
Section 3(b) of this Act stated that, the law to be administered by the Court of Jaipur State would include all existing
regulations within the territories and any future enactments published in the Official Gazette, subject to the ruler's liberty. This
law came into effect on November 1, 1924.
It is acknowledged that the Jaipur Opium Act was never published in the Gazette before or after this date. The argument is made
that publication was unnecessary because it was considered a "regulation" already in force on that date.
Another significant fact is that on May 19, 1938, section 1 of the Jaipur Opium Act was amended by adding sub-section (c),
stating that it would come into force on September 1, 1924. The appellant's
conviction, however, relates to an offense on October 8, 1948.

JUDGEMENT
In this judgment, the appellant was convicted under section 7 of the Jaipur Opium Act and fined Rs.
50. Although the case seemed trivial, the High Court of Rajasthan in Jaipur granted special leave to appeal because an
important point concerning the validity of the Act was raised.
The judgment draws on legal principles that goes beyond national borders. It cites the Code Napoleon in France, which
emphasizes the importance of promulgation for laws to become effective. Similarly, the judgment references instances in
India, specifically under Rule 119 of the Defence of India Rules, where the principle of promulgation has been applied in legal
matters.
The court notes that the Council of Ministers that passed the Jaipur Opium Act was not a sovereign body, rather it was
established by the Crown Representative, and its powers were defined and limited by the Jaipur Gazette Notification dated
August 11, 1923. The judgment argues that, in the absence of a specific law or custom to the contrary, a mere resolution of
this Council without further publication or promulgation would not be sufficient to make a law operative.
The judgment emphasizes the principles of natural justice underlying the British Constitution. The
court states that it is unbelievable to them that a representative of the Crown of Great Brittain would create a body with
powers that are in violation with fundamental principles of natural justice. The
court holds that, without specific legal provisions or established customs to the contrary, a resolution alone is insufficient to
bring a law into effect.
The judgment also addresses an argument regarding section 3(b) of the Jaipur Laws Act of 1923,
which was raised to suggest that it saved all regulations then in force from the necessity of publication in the Gazette. The
court acknowledges this possibility but asserts that the Act only saved laws that were valid at the time and not resolutions that
had never acquired the force of law.
In conclusion, the court allows the appeal, setting aside the appellant's conviction and sentence. The judgment establishes
the crucial requirement of promulgation for the effectiveness of laws,
emphasizing the principles of natural justice and the need for specific legal provisions or customs to bypass this requirement.

PRINCIPLE OF PROMULGATION
The term “Promulgation” is derived from the Latin word "promulgare," which means “to make known or publish”,
At its core, the principle of promulgation upholds the principles of transparency and accountability in governance. It
recognizes that for a society to adhere to the rule of law, its members must be aware of the laws governing their behaviour.
Laws that are hidden or known only to a select few are contrary to the principles of justice and equality.
While the principle of promulgation is a cornerstone of legal systems, challenges exist, particularly in the digital age. The
rapid evolution of technology has raised questions about what constitutes proper promulgation in an era where information
can be disseminated instantly through various online platforms.
In the context of India, the principle of promulgation holds great importance within its legal framework, ensuring that laws are
effectively communicated to the public. The principle is deeply rooted in constitutional and statutory provisions, playing a
crucial role. Some of it are as follows:
3.1 Constitutional Foundations:
The Constitution of India recognizes the importance of promulgation implicitly in various provisions. Article 13, for
instance, mandates that laws inconsistent with or in derogation of fundamental rights shall be void. This underscores the
necessity for public awareness of laws affecting fundamental rights, thereby necessitating proper promulgation.
3.2 Legislative Process:
In India, the legislative process itself incorporates the principle of promulgation. Both houses of Parliament, Lok Sabha and
Rajya Sabha, debate and pass bills, which then require the President's assent to become law. The President's assent signifies
formal approval and, along with subsequent
promulgation, ensures the law's enforceability. Furthermore, Article 123 of the Constitution of India grants the President
certain law-making powers to promulgate ordinances when either of the two Houses of Parliament is not in session, in urgent
situations.
3.3 Publication in the Gazette:
One of the primary means of promulgation in India is through the official government publication, the Gazette of India. Once a
law receives the President's assent, it is published in the Gazette, making it
accessible to the public. This publication serves as a formal notification, notifying citizens and stakeholders about the
existence and details of the new law.
3.4 Access to Information:
The Right to Information Act, enacted in 2005, further reinforces the principle of promulgation by ensuring citizens' right
to access information held by public authorities. This act empowers individuals to request and obtain information,
including details about laws, policies, and decisions, fostering a culture of transparency and accountability.
3.5 Judicial Interpretation
The judiciary in India has consistently recognized and upheld the principle of promulgation in various judgments, such as inn
the case of Agri Trade India Services Pvt. V. Union of India and Ors, the
court held that “Therefore, as far as the present case is concerned, applying the above law, there could be no manner of doubt
that the only acceptable mode of bringing about the change in Policy is by a notification in the Official Gazette.”

AUTHOR’S FINDINGS
Addressing the 1938 amendment first, it can be disregarded because, unless the Opium Act was valid when enacted, the
addition of a clause fourteen years later would be meaningless. In 1938, a law
 required all enactments after November 1, 1924, to be published in the Gazette. Therefore, if the Opium Act was
not valid at that date, its validation could not occur by publishing only one section in the Gazette fourteen years
later. The Jaipur Laws Act of 1923 mandated the entire enactment to be published; hence, publishing only one
section would not validate it if it was not already valid. The question of whether a law could be made retroactive
to take effect from 1924 by publication in 1938, though argued, need not be considered.
This brings us back to the situation in 1923 and raises the question of whether a law could be set in motion by a
mere resolution of the Jaipur Council. In the absence of information on the laws governing the commencement of
enactments in Jaipur and the lack of any demonstrated custom, we believe that it would be contrary to the principles
of natural justice to subject the residents of a state to punishment or penalties under laws of which they had no
knowledge and could not reasonably have
acquired any knowledge. Natural justice dictates that for a law to become effective, it must be promulgated or
published in a recognizable manner so that all individuals may be aware of its content.
In the absence of any specific law, rule, regulation, or custom, we assert that a law cannot be
established solely through the passage of a resolution. Promulgation or publication of a reasonable nature is
deemed essential.

CASE ANALYSIS: K.M. NANAVATI V. THE STATE OF MAHARASHTRA

It is the last case to be heard as a jury trial in India later, which was abolished by the Government. One of the
most important highlights of KM Nanavati vs State of Maharashtra was the usage of grave and sudden
provocation test. For this test, a reasonable man belonging to the same class as the accused is considered. This
test checks if that person who is in the same situation as the accused would be agitated enough to lose their self-
control.

Facts of the case

 The petitioner K.M. Nanavati, an Indian Naval Officer, shifted to Bombay with his wife Sylvia and their
children.
 A businessman named Prem Bhagwan Ahuja was residing with his sister in the same city.
 In 1956, Ahuja and his sister were introduced to Nanavatis through Agniks, who were common
acquaintances of Ahujas and Nanavatis.
 When Nanavati was frequently away from Bombay on his official duty for longer durations then Sylvia, his
wife, fell in love with Prem Ahuja and developed Illicit relations with him.
 When Nanavati returned from his ship he tried to be affectionate to his wife to which she was not being
responsive on multiple occasions.
 On 27 April 1959, Nanavati asked his wife if she had been faithful to him. She merely shook her head to
indicate that she was not.
 On 27 April 1959, Sylvia confessed to her husband about the Illicit relationship with Prem Ahuja.
 In the heat of agony, Nanavati went to his ship to procure a loaded revolver and then went to the office of
Prem Ahuja.
 On not finding him at the office he drove to Ahuja’s residence and shot him dead.
 K.M. Nanavati, the accused, initially was declared not guilty under Section 302 by the Jury with an 8 : 1
verdict.
 The case was then referred by the Sessions Judge to the Hon’ble High Court of Bombay under Section 307
of the Code of Criminal Procedure, 1973.
 The Hon’ble High Court declared the accused guilty under Section 302 of IPC.
 An appeal was finally made to the Hon’ble Supreme Court.

Contentions of the petitioner

 The argument put forth by the counsel of Nanavati was that after hearing Sylvia’s confession, Nanavati
wanted to kill himself, but his wife managed to calm him down. He planned to find out whether Ahuja
wanted to marry her or not because she didn’t inform him. As a result, he dropped his wife and two children
off at the movie theatre and drove to his ship in his car.
 Nanavati informed the authorities in the ship that he wanted to take a revolver and six rounds from the ship’s
stores because he was going to drive alone to Ahmednagar by night, but his true intention was to shoot
himself. He placed the revolver and six cartridges inside a brown envelope after receiving them.
 Nanavati then drove to Ahuja’s office, but when he didn’t find him there, he drove to Ahuja’s flat, which
was unlocked by a servant, and walked to Ahuja’s bedroom, closing the door behind him. He was also
carrying the envelope containing the revolver.
 When Nanavati saw Ahuja inside the bedroom, he labelled him a dirty swine and asked if he would marry
Sylvia and care for the children. “Am I supposed to marry every woman I sleep with?” Ahuja raged.
Nanavati became enraged, stowed the revolver in an envelope in a neighbouring cabinet, and threatened to
thrash him. When Ahuja made a sudden grab at the envelope, Nanavati drew his revolver and told Ahuja to
return. A scuffle erupted between the two, and during the struggle, two rounds were mistakenly fired, killing
Ahuja.
 Nanavati returned to his car after the shooting and drove it to the police station, where he surrendered.
Hence, the petitioner shot at the Ahuja in response to a grave and sudden provocation, and even if he did
commit an offence, it would be culpable homicide not amounting to murder.
Contentions of the respondent
 The first point of disagreement was that Ahuja had just gotten out of the shower while wearing a towel. His
towel was still on his body when his body was discovered. It hadn’t loosened or fallen off, which was
exceedingly unlikely in the event of a scuffle.
 Following Sylvia’s confession, a calm and composed Nanavati drove them to a movie theatre, dropped them
off, and then went to his ship to get his pistol, all on false pretenses. This demonstrates that he had sufficient
cooling time, that the provocation was neither grave nor sudden, and that Nanavati had premeditated the
murder.
 Anjani, Ahuja’s servant who was there at the time of the incident and was a natural witness, testified that
four shots were fired in rapid succession and that the entire event occurred in less than a minute, ruling out a
scuffle.
 Nanavati exited Ahuja’s residence without informing his sister Mamie, who was present in another room,
that it was an accident.
 According to the Deputy Commissioner of Police, Nanavati admitted to shooting Ahuja and even rectified
the misspelling of his name in the police record, demonstrating Nanavati’s ability to think normally.
Issues before the Court
1. Whether the High Court lacked jurisdiction under Section 307 of the CrPC to examine the facts in order to
determine the competency of the Sessions Judge’s referral.
2. Whether the High Court had the power to strike aside a jury’s decision on the grounds of misdirection in
charge under Section 307(3) of the CrPC.
3. Whether the jury’s decision was such that it might have been reached by a group of reasonable men based on
the facts presented to them.
4. Whether the act was done in “the heat of the moment” or whether it was a premeditated murder?
5. Whether the pardoning power of the Governor and the Special Leave Petition can be clubbed together?
Hon’ble High Court’s judgement
A division Bench of the said High Court, consisting of Shelat and Naik, JJ., heard the case. The two learned
Judges issued separate decisions, but both agreed that the accused was guilty of murder under Section 302 of
the Indian Penal Code and should be imprisoned for the rest of his life. After concluding that the jury had been
misled, Shelat, J. evaluated the complete evidence and concluded that the accused was plainly guilty of murder;
alternatively, he expressed the opinion that the jury’s finding was perverse, irrational, and, in any case, contrary
to the weight of evidence. Naik, J., opted to reach his finding on the alternative argument that no reasonable
group of people could have reached the jury’s conclusion. Both the learned Judges agreed that no case had been
made out to reduce the offence from murder to culpable homicide not amounting to murder. The present appeal
has been preferred against the said conviction and sentence.

Hon’ble Supreme Court’s judgement

As pointed out by the Supreme Court, confession by the wife of adultery was grave but Ahuja was not present
at the time the confession was made, hence, the element of the suddenness of killing was missing. Because three
hours had transpired between the time of confession and the time of the killing, the Court concluded that a
 reasonable man had had enough time to cool down since the provocation.

The Supreme Court ruled that the accused’s conviction under Section 302 of the Indian Penal Code and
sentence of life imprisonment imposed by the High Court are legitimate, and there are no grounds for
interference.

 The Hon’ble Supreme Court noted that if the judge disagrees with the jury’s decision, he can refer the case to
the High Court under subsection (1) of section 307 of the CrPC. The following two elements must be met:
(1) the judge must disagree with the jury’s verdict, and (2) he must believe that the jury’s verdict was one
that no reasonable man could have reached. The referral order will be competent if and only if these two
conditions are met; otherwise, it will be deemed incompetent and will be rejected by the High Court.
 When the High Court determines that the order of reference is competent, it must perform the responsibilities
set forth in subsection (3) of section 307 of the CrPC. Under this provision, the High Court must review all
evidence, give due weight to the judge’s and jury’s opinions, and then acquit or condemn the accused. The
defendant’s learned counsel contended that the opposite meaning would contradict the objective of this
clause.
 After reviewing all the evidence, the Hon’ble Court was of the view that the conduct of the appellant was
inconsistent with his defence that the deceased was shot by accident. In contrast, he had the mentality of
someone who had planned and calculatedly exacted vengeance on his wife’s lover. On a false pretext, he
secured the revolver and marched into Ahuja’s bedroom with a loaded weapon. Despite having numerous
opportunities to do so, he did not tell anyone that he shot the deceased by accident until his trial. The injuries
found on the deceased’s body were consistent with a deliberate shooting. Thus the verdict of the jury could
not stand.As a result, the Court came to the conclusion that no reasonable group of men could have reached
the same determination as the jury based on the evidence.
 After considering the facts of the case, the Court determined that not only had the accused/appellant
developed self-control, but he was also considering his family’s future. After his wife confessed her
infidelity to him, he had plenty of time to calm down. His actions were plainly calculated and purposeful.
The case did not fall under the defence of, grave and sudden provocation and that it was premeditated
murder.
 The Supreme Court held that the pardoning power of the Governor and the Special leave petition cannot
operate together. If a Special leave petition is filed, then the power of the Governor will cease to exist.

RULES OF INTERPRETATION OF TAXING STATUTES:

Taxing statutes, also known as tax laws or tax codes, are legal provisions enacted by a government to regulate
the imposition and collection of taxes. These statutes outline the rules and procedures governing the assessment,
levy, and collection of taxes from individuals, businesses, and other entities within the jurisdiction. Taxing
statutes can cover a wide range of taxes, including income tax, sales tax, property tax, excise tax, and more.
Taxing statutes can vary significantly from one jurisdiction to another, reflecting the unique tax policies,
economic conditions, and legal traditions of each country or region.

1. Principle of strict interpretation: The words of the statute should be given their plain, ordinary, and literal
meaning. If the language is clear and unambiguous, it should be interpreted as it is written. and the second
factor is that is that the phrases and sentences are to be construed according to the rules of grammar. Krishi
Utpadan Mandi Samiti vs. UOI. A taxing statute should be strictly construed even if the literal interpretation
results in hardship or inconvenience, common sense approach, equity, logic and morality have no role to
play. CIT vs. Calcutta Knitwears
2. Presumption Against Double Taxation: Courts presume that the legislature did not intend to impose
double taxation on the same subject matter unless explicitly stated.
3. Presumption Against Retroactivity: Tax statutes are presumed to operate prospectively rather than
retroactively unless there is clear legislative intent to the contrary.
4. Mischief Rule: The court may look beyond the literal language of the statute to determine the mischief that
the statute aims to remedy, and interpret the statute in a way that suppresses the mischief. This was set out in
 Heydon’s case. Broadly speaking, the rule means that where a statute has been passed to remedy a weakness
in the law, the interpretation which will correct that weakness is the one to be adopted. This rule is also one
of the cardinal rules of interpretation when the words of a taxing statute are ambiguous and incapable of a
literal interpretation and generally takes into account four parameters, namely
a) What was the Law prior to enactment of the statute in question;
b) What was the defect or mischief for which the earlier law did not provide;
c) What remedy had the Legislature intended to remedy the defect;
d) The true Legislative intent behind the remedy.
This rule would come into play only if the words of the taxing statute were silent or ambiguous on an issue
and the General Clauses Act also did not throw light on the interpretation
5. Rule of Strict Construction: aka rule of beneficial construction. Taxing statutes are generally construed in
favor of the taxpayer. If there is any ambiguity or doubt, it should be resolved in favor of the taxpayer. The
principle applied in constructing a penal act is that if, in construing the relevant provisions, “there appears
any reasonable doubt or ambiguity”, it will be resolved in favor of the person who would be liable to the
penalty. If there are two reasonable constructions, we must give the more lenient one. The court must always
see that the person to be penalized comes fairly and squarely within the plain words of the enactment. It is
not enough that what he has done comes substantially within the mischief aimed at by the statute.
6. Harmonious Construction: Different provisions of the taxing statute should be read together and
harmonized to give effect to the overall legislative intent. Nasiruddin vs. Sita Ram Agarwal
7. Ejusdem Generis: Where a general word follows specific words, the general word is construed to include
only things of the same kind as those specified.
8. Presumption of Constitutionality: Courts presume that statutes are constitutional, and any doubts are
resolved in favor of the statute's constitutionality.
9. Economic Substance over Legal Form: Courts may look beyond the legal form of a transaction to its
economic substance for tax purposes.

INTERPRETATION OF CONSTITUTION STATUTES

1. Contemporary Interpretation
A contemporary or modernist approach to Constitutional interpretation looks at the Constitution as if it were
ratified today. What meaning would it have today, if written today. How does modern life affect the words of the
Constitution? The main argument against originalism is that the Constitution becomes stale and irrelevant to
modern life if only viewed through the colonial era.

2. Historical Interpretation
This method involves examining extra-Constitutional materials to discern the mindset of those who ratified the
Constitution through referendums. By doing so, it aims to assist the court in determining the true meaning of the
constitutional phrases.
The example given is the landmark case of Brown v. Board of Education, which declared racial segregation in
educational institutions unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. The
interpretation of the Equal Protection Clause in the U.S. Constitution has evolved over time, adapting to
changing societal norms to address issues such as racial segregation and discrimination. The example of Brown
v. Board of Education illustrates how interpretations can evolve over time, going beyond the original intent to
adapt to changing societal norms and values.

3. The Literal Interpretation

It essentially says that the exact wording of the Constitution should be applied literally as written in the text of
the Constitution itself. No reference should be made by the Court since this method believes that, Afterall,
Constitution is the text which the people have ratified. This method of interpretation does not invite or
allow the Court’s view of what the Constitution “should” mean or “really” means. This approach holds that the
constitution should be interpreted based on its original intent or understanding at the time of its adoption.
But the difficulty with this approach is very clear. A broadly-phrased and vaguely worded document such as the
Constitution does not lend itself towards literal interpretation at all times
 4. Purposive Interpretation:
With such visible difficulties in the application of the Literal method, the Court has frequently adopted a more
broad-based approach to the wording of the Constitution. The purposive approach essentially asks what the
basic ‘purpose’ behind the Constitutional provision in question? What did that Article or sub -Article seek to
achieve? By asking these questions, the Court can then conclude what the meaning of the actual words is. Courts
focus on the underlying purpose or objective of a constitutional provision.
Example: When interpreting a constitutional provision related to equality, a court may look at the purpose of the
provision to ensure that it achieves the goal of preventing unjust discrimination.

5. Harmonious Construction:
The doctrine or the rule of harmonious construction is adopted when there is a conflict between two or more
statues or between the parts or provisions of the statues. The courts in every case harmonize the contradictory
provisions by interpreting not only the provisions but also the original intention of the law or rule maker in order
to give effect to both the provisions and ensure not to make any of the two provisions void or to destroy it
Example: When interpreting the separation of powers doctrine in a constitution, courts may seek to balance the
powers of the executive, legislative, and judicial branches to ensure a harmonious functioning of the government.

Principles of Constitutional Interpretation

The following principles have frequently been discussed by the courts while interpreting the Constitution:

1. Principle of colorable legislation: Doctrine of Colorable Legislation is built upon the founding stones Of the
Doctrine of Separation of Power. Separation of Power mandates that a balance of power is to be struck
between the different components of the State i.e. between the Legislature, the Executive and the Judiciary.
This doctrine is based on the principle that what cannot be done directly cannot be done indirectly.

2. Principle of pith and substance: Pith means "true nature" or "essence" and substance means the essential
nature underlying a phenomenon. Thus, the doctrine of pith and substance relates to finding out the true
nature of a statute. This doctrine is widely used when deciding whether a state is within its rights to create a
statute that involves a subject mentioned in Union List of the Constitution.

3. Principle of territorial nexus: In simple words, Doctrine territorial nexus says that laws made by a state
legislature are not applicable outside the state, except when there is a sufficient nexus between the state and
the object. Example. We imagine that one persons lives in Rajasthan running a Lottery business in Bangalore
using his network and people over there. The people in Bangalore will pay for lottery tickets and from
whatever receipts he get, he will pay the prize money and keep rest as profit after paying applicable taxes.
Question is since he is living in Rajasthan but his business was conducted in Bangalore, should he pay tax to
Karnataka Government? The court has reviewed such case and established that even he is not living in
Bangalore, since business activity was conducted there; he should pay tax to Karnataka Government

4. Principle of Eclipse: The Doctrine of Eclipse says that any law inconsistent with Fundamental Rights is not
invalid. It is not dead totally but overshadowed by the fundamental right. The inconsistency (conflict) can be
removed by constitutional amendment.

5. Principle of severability: Doctrine of severability provides that if an enactment cannot be saved by

construing it consistent with its constitutionality, it may be seen whether it can be partly saved. Article 13 of
the Constitution of India provides for Doctrine of severability

6. Principle of incidental or ancillary powers: The doctrine of incidental or ancillary powers indicates that if a
legislative body has the power to legislate on a particular matter, then they have the power to legislate on
ancillary topics related to that matter. Unless that ancillary topic is mentioned explicitly under the
jurisdiction of another legislative body.

LEGISLATURE, EXECUTIVE AND JUDICIARY

What is the Legislature?
 The chief function of the legislature is to enact laws.
 It is the basis for the functioning of the other two organs, the executive and the judiciary.
 It is also sometimes accorded the first place among the three organs because until and unless laws are
enacted, there can be no implementation and application of laws.
What is the Executive?
The executive is the organ that implements the laws enacted by the legislature and enforces the will of the state.

 It is the administrative head of the government.

 Ministers including the Prime/Chief Ministers and President/Governors form part of the executive.
What is the Judiciary?
The judiciary is that branch of the government that interprets the law, settles disputes and administers justice to
all citizens.

 The judiciary is considered the watchdog of democracy, and also the guardian of the Constitution.
 It comprises of the Supreme Court, the High Courts, District and other subordinate courts.

What is ‘Separation of Powers’?

The purpose of separation of powers is to prevent abuse of power by a single person or a group of individuals. It
will guard the society against the arbitrary, irrational and tyrannical powers of the state, safeguard freedom for
all and allocate each function to the suitable organs of the state for effective discharge of their respective duties.
Separation of powers divides the mechanism of governance into three branches i.e. Legislature, Executive and
the Judiciary.

Each organ should have different persons in capacity, i.e., a person with a function in one organ should not be a
part of another organ.
One organ should not interfere in the functioning of the other organs.
One organ should not exercise a function of another organ (they should stick to their mandate only).
Thus, these broad spheres are determined, but in a complex country like India there often arises conflict and
transgression by one branch over the other.

Constitutional Status of Separation of Power in India

The doctrine of separation of powers is a part of the basic structure of the Constitution, although not specifically
mentioned. The legislature cannot pass a law violating this principle. The functions of the three organs are
specifically mentioned in the Constitution. – Keshavanandha Baharati Case
a) Article 50: This article puts an obligation over the State to separate the judiciary from the executive.
But, since this falls under the Directive Principles of State Policy, it is not enforceable.
b) Article 123: The President, being the executive head of the country, is empowered to exercise
legislative powers (Promulgate ordinances) in certain conditions.
c) Articles 121 and 211: These provide that the legislatures cannot discuss the conduct of a judge of the
Supreme Court or High Court. They can do so only in case of impeachment.
d) Article 361: The President and Governors enjoy immunity from court proceedings.

Relationship between Legislature and Judiciary

 The judiciary can strike down laws that it considers unconstitutional or arbitrary.
 The legislature, on its part, has protested against judicial activism and tried to frame laws to circumvent
certain judgements.
 There have been instances where the courts have issued laws and policies through judgements. For example,
the Vishakha Guidelines where the SC issued guidelines on sexual harassment.
 Authority to revalidate legislation that the Court had deemed ultra vires and amend them.

Relationship between Legislature and Executive

 The Constitution states that the executive branch of the State (Council of Ministers) shall be collectively
responsible to the Legislature (Lok Sabha). This implies that the Parliament should supervise the work of the
 government and hold it accountable for its actions.
 President’s impeachment by parliament
 Members of the legislature are chosen to the council of ministers, on whose advice the President and
Governor act.
 The executive loses power when it loses the confidence of the legislature. The executive/council of ministers
is dismissed if it loses the legislature’s confidence before its tenure is over. So, the legislature controls the
executive through a vote of no-confidence.
 The parliament makes laws in general broad terms and delegates the powers to the executive to formulate
detailed policy and implement them.
 Ordinance
Relationship between Executive and Judiciary

 The appointments of the Chief Justice and other judicial positions. are made by the executive.
 The President and the Governors also enjoy the power to pardon, reprieve, etc. These are direct judicial
functions.
 Under the system of administrative adjudication, the tribunals and other quasi-judicial organisations of the
executive have the power to hear and decide cases involving particular fields of administrative activity.
 The judiciary also performs some executive functions. It can review the actions of the executive and declare
them void if found unconstitutional.

THE GOLDEN RULE

The golden rule is a deviation from the literal rule. The golden rule of interpretation was propounded in the case
of Grey v. Pearson by Lord Wensleydale in the year 1957. This is why it is also known as Wensleydale’s Golden
Rule. This rule is the modification of the literal rule. The golden rule modifies the language of the words in a
statute to successfully interpret the actual meaning of the legislation. It takes into account the context in which
the words are used so that justice can be done to the intention of the legislation. It is to be noted that the rule can
be used only when the language of the statute is ambiguous or grammatically incorrect. Thus the judges need to
be extremely careful with their interpretation and only exercise this power when it is absolutely necessary.

The golden rule can be applied in a narrow or a broad sense:

a) Narrow approach – This approach is taken when the words in the statute are capable of multiple
interpretations. Through this approach, the judge is able to apply the meaning which is clear and properly
portrays the true intention of the statute. This approach was used in the R v. Allen, (1872) case.
b) Broad approach – This approach is taken when there exists only one possible interpretation of a word. In
some cases, the meaning might cause absurdity. In order to avoid this problem, the judges can use this
approach to modify the meaning of the word but this modification should be limited and shouldn’t deviate
from the actual intention of the legislation. In Re. Sigsworth: Bedford v. Bedford, this approach was used.
The golden rule of interpretation is the second step after the literal rule. As we’ve discussed, the literal rule
would apply only when the plain meaning of the word gives justice to the intention of the legislation. When the
literal rule fails due to the existence of multiple meanings of a word in the statute, the golden rule is to be
applied.

Advantages of the Golden Rule

 An apparent advantage of the rule is that it allows the judge to modify the meaning of words to remove
absurdity and apply the modified term effectively in the case at hand.
 When the literal rule of interpretation fails to achieve clarity, the golden rule steps in to help the court.
 It guides the judges in applying appropriate principles while interpreting the meaning of the statute.
 It takes away the requirement of amending the legislation to make minute changes as the judges can do
that for the Parliament. For example, in the R v. Allen case discussed above, the Court stepped in and
closed the loopholes by applying the golden rule. The interpretation was in line with the original
 intention of the Parliament. Thus, no amendments were required.
Disadvantages of the Golden Rule
 The golden rule is restricted in its use as it can be used only when the literal rule leads to ambiguities in
interpretation. Its use thus becomes limited and rare.
 It is unpredictable and lacks guidelines.
 One of the main disadvantages of the rule is that judges can twist the meaning of the words and change
the law. This would cause a disbalance in the separation of powers.

Austin has also contributed to the vast literature on rules of interpretation. He has divided the interpretative
process into three sub-processes:
a) Finding the rule.
b) Finding the intention of the legislature.
c) Extending or restricting the statute to cover cases.
Cases:
1. Warraburtons Case: Explaining the principle underlying the Golden rule, Justice Burton in the case
of Warburton v. Loveland observed that in the very first instance of application of law the grammatical
sense of the wordings of law must be paid heed. But if there is involvement of any absurdity, inconsistency,
or is against the declared purpose of the statute then in such circumstance, the grammatical sense of the law
can be modified or interpreted so far as there is no injustice caused to the parties of the case. Even though
the elementary rule of interpreting the words as it is in their grammatical sense has been upheld by the
courts in numerous cases like Madan Lal v. Changdeo Sugar Mills, the courts should still be open to various
interpretations of the law so that no injustice is caused.
2. Nokes v. Doncaster Amalgamated Collieries Ltd. (1940)
Facts of the case:
 Section 154 of the Companies Act, 1929 provided the machinery for the transfer of an old company to a
new company. ‘Transfer’ includes transferring all property, rights, liabilities and duties of the former
company to the new company.
 There existed a contract of service between the appellant, Tom Nokes and the old company.
 After the acquisition of the old company by the respondent, the transfer of all property, rights, liabilities
and duties was done. The appellant continued to work in the old company without having knowledge of
the acquisition.
 When the appellant absented himself from work, he was held liable under Section 4 of the Employers
and Workmen Act, 1875.
 The respondent claimed that the transfer included the contract of service under the transfer of
‘property’.
Issue of the case
 Whether the transfer of property includes the contract of service that previously existed between the
individual and the transferee company.
Judgement
 The House of Lords held that the benefits of the contract entered into by the employee and the former
company cannot be transferred without informing and obtaining the consent of the employee.
 The notice of the amalgamation by the transferor or transferee company to the appellant was essential.
 It was also stated that while using the golden rule, the words must be given their ordinary meaning. If
the legislature desired that workers could be transferred to the new company without their consent then
it would have specifically mentioned it in the statute. But nothing of that sort could be found in the
present case. Thus, the golden rule was used in this case to modify the meaning of the term ‘property’
by restricting it. Viscount Simon, L.C. presented his reasoning by stating that an interpretation should
be avoided if it reduces the legislation to futility which would fail to achieve the purpose of the
legislation.
 If the golden rule wouldn’t have been applied in this case, it would have led to injustice as it would take
away the consent of the workers. This would negatively affect the workers who would be subject to
frivolous penalties just like in this case.
Criticisms:
 This leads to a lack of uniformity while applying the already limited golden rule. Every judge is different
and is bound to interpret things differently. The purpose of this rule is to bring uniformity by stating that
interpretation of the provisions of a statute should not deviate from the intention of the legislation.

Although they’re called rules, none of them carries any authority independently. The judges can choose not
to follow the ‘rules’ when the need clearly exists.

BILL
The Legislative procedure is described under Article 107-111 of the Indian Constitution. The basic function of
Parliament is to make laws, amend them, or repeal them. The process of law-making or the legislative process, in
relation to Parliament, may be defined as the process by which a legislative proposal brought before it, is
translated into the law of the land. All legislative proposals are brought before Parliament in the form of Bills. A
Bill is a statute in draft form and cannot become law unless it has received the approval of both the Houses of
Parliament and the assent of the President of India.
Ordinary bill
This bill may address any subject, excluding financial matters. An ordinary bill is presented in either House of
the Parliament. A minister or private member is the one who proposes this bill. In the event of an ordinary bill,
there is no presidential proposal. The Rajya Sabha has the authority to amend or reject ordinary bills and to hold
them for up to six months. Under Article 111 of the Indian Constitution, it is given to the President for his
assent by both the Houses of Parliament. Also, for these bills, a joint sitting is allowed.
Financial bill
The Union Budget contains the Finance Bill, which specifies all the legislative adjustments necessary for the
taxation reforms that the finance minister has suggested. Thus, a bill will be considered financial if it just
includes government spending while addressing other issues. The Finance Bill evolves into a Finance Act once
it has received acceptance from the Lok Sabha (House of the People).
Money bill
When a bill exclusively consists of provisions pertaining to taxes, government borrowing, and spending from
the Consolidated Fund of India or receipts to the Consolidated Fund of India, it is referred to as a money bill.
Bills might also be considered money bills if they simply comprised elements ancillary to these subjects. Local
taxes, however, are not covered by the money bill and cannot be levied locally.
Only the Lok Sabha receives this bill, and, exclusively, a minister can make a preface. On the President’s
proposal, a money bill is presented. The Rajya Sabha has no authority to change or reject this measure. There is
a 14-day limit on how long the Rajya Sabha may hold it. After being passed by the Lok Sabha, the money bill is
subsequently delivered to the President of India for his consent. A joint sitting is not allowed when a money bill
is involved.
Constitutional Amendment Bill
This term is used to describe bills that aim to change clauses in the Constitution of India, namely those included
in the proviso to Article 368(2). Such bills may be presented in either House of the Parliament. Whenever a bill
is introduced by a private member, the Committee on Private Members’ Bills and Resolution must first review
the bill and suggest that it be brought before it can be added to the list of businesses for introduction. The
simple majority rule is used to decide motions to introduce bills.

Ordinance replacing bill

To replace an ordinance issued by the President under Article 123 of the Constitution of India, both with or
without revisions, this bill is presented to Parliament.
PHASES DETAILS
PHASE The ordinary bill can be introduced in either house by a minister/other member.
1: • Upon grant of leave by house, the member reads the title and objectives, but no discussion happens on
INTRO this bill at this stage.
• Following this, the bill is published in gazette.
2ND At this stage, the detailed scrutiny of the bill happens and It has 3 sub stages:
READIN  Stage of general discussion: The principles of the bill and its provisions are discussed generally, but
the details of the bill are not discussed.
  Committee stage: The usual practice is to refer the bill to a select committee of the House. This
committee examines the bill thoroughly and in detail, clause by clause. It can also amend its
provisions, but without altering the principles underlying it. After completing the scrutiny and
discussion, the committee reports the bill back to the House.
 Consideration stage: The House, after receiving the bill from the select committee, considers the
provisions of the bill clause by clause. Each clause is discussed and voted upon separately.

3rd The members can also move amendments and if accepted, they become part of the bill.
READIN  No amendments are allowed anymore and either bill is completely accepted or
 If the majority accepts, it is passed and transmitted to the second house.

BILL IN Bill goes through all 3 stages and House may:

OTHER  Pass the bill as sent by the first house (i.e. without amendments)
HOUSE  Pass the bill with amendments and return it to the first House for reconsideration.
 Reject the bill altogether.
 Not take any action and thus keep the bill pending up to 6 months.
If the second House passes the bill without any amendment or the first House accepts the amendments
suggested by the second House, the bill is deemed to has been passed by both the Houses, and the same is
sent to the president for his assent.
On the other hand, if the first House rejects the amendments suggested by the second House or the
second House rejects the bill altogether or the second House does not take any action for six months; a
deadlock is deemed to has taken place As per Article 118
To resolve such a deadlock, the president can summon a joint sitting of the two Houses.
If the majority of the members present and voting in the joint sitting approves the bill, the bill is deemed
to has been passed by both the Houses.
Not all bills can be referred to a joint sitting of Parliament. There are two exceptions.
• Money bill under Article 110.
• Constitution amendment bill under Article 368.
ASSENT Every bill after being passed by both Houses of Parliament either singly or at a joint sitting is presented
OF to the president for his assent.
PRSDNT There are three alternatives before the president:
 he may give his assent to the bill; or
 he may withhold his assent to the bill; or
 he may return the bill for reconsideration of the Houses.

If the president gives his assent to the bill, the bill becomes an act and is placed on the Statute Book. If the
President withholds his assent to the bill, it ends and does not become an act.
If the President returns the bill for reconsideration and if it is passed by both the Houses again with or
without amendments and presented to the President for his assent, the president must give his
assent to the bill.

7 C’s
1. Capable of being complied with (Tell them what they want to know):
This emphasizes that the language used in the bill should be clear and unambiguous. It should state what is
required or prohibited in a way that is understandable to those who need to follow it. The goal is to avoid
confusion and ensure that the provisions can be implemented without ambiguity.

2. Clear (Are easy to read and understand):

Clarity is crucial in legal language. The text should be written in a way that is easily understandable by the
target audience, which may include lawmakers, legal professionals, and the general public. Avoiding
unnecessary jargon and convoluted sentence structures helps in achieving clarity.
 3. Comprehensible (Are not obscure):
The language used in the bill should not be obscure or difficult to understand. It should be straightforward and
accessible to a reasonably informed reader. This helps in preventing misunderstandings or misinterpretations
that may arise from ambiguous or unclear language.

4. Concise (Use the shortest space):

Conciseness is about using the fewest words necessary to convey the intended meaning. Unnecessary verbosity
can lead to confusion, and overly complex language may hinder the comprehension of the bill. Being concise
ensures that the message is delivered efficiently and without unnecessary elaboration.

5. Complete (Deal with all the necessary points):

A well-drafted bill should address all relevant issues and cover every aspect of the subject matter it intends to
regulate. This helps in avoiding gaps or loopholes in the law that might lead to uncertainty or disputes.
Completeness ensures that the legislative intent is fully captured in the text.

6. Consistent (Contain no contradictions):

Consistency is essential to prevent conflicting interpretations of the law. The bill should use consistent
terminology and avoid contradictory provisions. Internal coherence ensures that the different parts of the bill
align with each other, promoting a unified and coherent legal framework.

7. Certain (Leave no doubts):

Certainty is crucial to the effectiveness of legal provisions. Ambiguities or uncertainties in the language can
lead to legal disputes. A well-drafted bill should leave no room for doubt regarding its meaning or intent,
ensuring that those who must comply with it can do so confidently.

Standards to follow:
1. Analyze and Plan – This means that the drafter has a solid idea of what he or she needs to communicate when
beginning to draft the legislative measure. This requires having knowledge about the background of the bill
proposal and its policy rationale, as well as an understanding of existing law. The drafter has explored different
options for addressing the public policy goal of the legislator and has outlined the structure of the measure’s
provisions to be drafted.

2. Provide a Rational Structure to the Text – This means that the contents of the legislative measure are well
organized, and that the statute will flow in a logical and understandable way. This requires the key aspects of
the measure to be readily identifiable and easily understood by the reader of the statute.

3. Follow Legislative Drafting Standards – This means that the drafter needs to follow the legal requirements
and drafting standards in his or her jurisdiction.

4. Use an Effective Writing Style – This means that the bill drafter should focus on the Seven Cs and work to
make sure the legislative measure is easy to read and understand. The drafter needs to write in standard English
and follow rules of proper grammar, as well as use simple and concise legislative sentences.

5. Choose a Good Presentation – This means the legislative text needs to be easy to digest and the drafter should
include short sentences, appropriate paragraphs (or subsections), etc., all in an effort to ensure the reader is able
to easily read and understand the legislative text.

6. Provide Aids to Finding and Using the Text – This means that the bill drafter makes it easy for the reader to
find their way around the legislative text. This includes appropriate headings for sections, as well as organizing
provisions in a logical manner.

7. Check and Scrutinize – This means that the legislative drafter will review each version of their draft text,
looking at the text as though a first-time reader, making appropriate improvements, and addressing any
needed changes, such as eliminating unnecessary details, using shorter sentences, and removing superfluous
words.

PRINCIPLES OF LEGISLATIVE DRAFTING

1. Pre-drafting cares: scope and objective + limit of reach. Constitutional hurdles ultra vires+ decide what
kind of bill+ look into past laws and judgement in this matter+ previous shortcomings + preliminary
meets with dept heads+ aim= idea of brief scheme of bill + logical arrangement and organization
structure+ MENTAL ARRANGEMENT OF ABOVE. + Vertical or horizontal approach

2. Subsequent Drafts: sent to admn dept for scrutiny, conformity w accepted principle of LD+ scrutiny in
part by part + brushed up and polished + number of draft varies in each cases + pain of amendments
being suggested which spoils symmetry of draft + drafter answer all qns+ intention of legislature must be
expressed and not create fresh problems

3. Simplicity and Clarity: The use of simple and well-understood language is emphasized, along with
brevity of expression without sacrificing completeness. The document stresses the importance of
avoiding ambiguity, obscurity, over bulkiness, and the use of repetitive words, redundancy, and
disorderliness.

4. Consistency and Precision: The document highlights the need for consistency of approach and the use of
the same words and phrases for the same meaning throughout the legislative document. This principle is
essential for maintaining coherence and avoiding confusion.

5. Thorough Understanding: Draftsmen are advised to have a clear understanding of the problems that the
legislation is intended to address, the constitutional limitations that may impact the legislation, and the
past laws and court decisions relevant to the subject matter.

6. Organization and Structure: The document emphasizes the importance of a broad and cohesive plan of
organization and arrangement, including a clear outline of the major sub-divisions, heads, and sub-heads
of the proposed legislation. An orderly and logical arrangement must be visualized in the scheme, which
should lay down the base of the proposed structure. + sequence of oder: long title, preamble, short title,
extent and application, definition clause, principle clause, administrative, miscellaneous, penal,
temporary provisions, schedules. These divisions and sub divisions must cover all matters.

7. Meticulous Care in Language: The document stresses the need for meticulous care in the use of
language, elegance of style, coherency, and consistency in subsequent drafts of the legislation.
Draftsmen are encouraged to use short sentences and ensure that each sentence conveys not more than
one idea. Definition (meaning to the point), briefness, specific terms over vague ones

8. Precision in Language: The document advises draftsmen to attain such precision in the language of a
regulation that a person reading in bad faith cannot misunderstand it. The intention of the legislature
should be expressed in apt, sufficient, and unambiguous terms. Style and Grammer: Future tense rarely
used, use before or after this act. Singular over plural, and gender + third person + usually active voice +
shall, may + finite verbs. Punctuations, capitalization, and or nor, existing notwithstanding + not use
words having same meaning

9. Legislative Audience: The language used in legislative drafting must be such that the legislative intent is
clearly discernible, with as little chance of ambiguity as possible. The choice of language must depend
upon the understanding capacity of the legislative audience.

10. Formalities and Pre-drafting Cares: The document emphasizes the necessity of being fully acquainted
with the parliamentary practice, rules of the House or Houses of the legislature, and similar technical
formalities before drafting a bill.