UNIT-III

PARTS OF A STATUTE
&
AIDS TO CONSTRUCTION
 PARTS OF A STATUTE
STATUTE

OPERATIVE PART
NON-OPERATIVE PART**

Enacted Provisions
Used as Internal Aids to construction

** However, not all internal aids are non-operative part of

a statute
AIDS TO CONSTRUCTION

Aids to Construing a Statute

Internal Aids External Aids

 INTERNAL AIDS TO
CONSTRUCTION
1. Long Title
2. Preamble
2.A Preamble of the Constitution
3. Headings
4. Marginal Notes
5. Punctuations
6. Illustrations
7. Definition Sections or interpretation clauses
8. Proviso
9. Explanation
10. Schedules
(1.) LONG TITLE
 LONG TITLE

Object
Scope

Purpose

GUIDE TO THE ACT

LONG TITLE- An Admissible Aid to
Construction
Long Title is a part
of the Act Precedes
the Preamble

Short Title is only

used for the
purposes of
reference

Short title is not

an admissible aid
to construction
 LONG TITLE
●
Long Title ordinarily starts with
‘An Act’ the words ‘An Act’.

For ●
The Long Title of the Code of Criminal Procedure
1973 is ‘An Act to consolidate and amend
example the law relating to criminal procedure.’

●
The Code of Criminal
Short Title Procedure, 1973.
 Another example

‘An Act to
authorize
The Supreme Advocates of
Court Advocates
the Supreme
(Practice in
High Courts) Court to
Act, 1951 practice as of
right in any
High Court.’
Ashwini Kumar Ghosh v. Arabinda Bose
AIR 1952 SC 369

“…it is now settled law that the title of a

statute is an important part of the Act and
may be referred to for the purpose of
ascertaining its general scope and of
throwing light on its construction,
although it cannot override the clear
meaning of the enactment.”
 LONG TITLE

• Although the title is a part of the Act, “it

is in itself not an enacting provision and
though useful in case of ambiguity of the
enacting provision, is ineffective to
control their clear meaning.”
- R v. Bates and Russell
Vacher & Sons v. London Society
of Compositors 1913 AC 107 (HL)
• ‘An Act to provide for the regulation of
Trade Unions and Trade Disputes’.
- Referring to the Trade Disputes Act, 1906

• The Court noted that the title is not only

intelligible, but describes admirably the
purposes of the Act.
Manohar Lal v. State of
Punjab
AIR 1961 SC 418
Sec. 7 of the Punjab Trade Employees Act
1940
(1) Save as otherwise provided by this Act, every
shop or commercial establishment shall
remain closed on a close day.

(2) The choice of a close day shall rest with the

occupier of a shop or commercial
establishment and shall be intimated to the
prescribed authority within two months of the
date on which this Act comes into force.
 Contention of the Appellant

But only himself

Act would not apply to As he had engaged
and his family
his shop no strangers
members

The restriction imposed

As being violative
Sec. 7 is ultra vires was not in the interest
of Art. 19(1)(g) of the general public.
 Contention of the State
• Section 4(1): Subject to the provisions of this Act, no
person shall be employed about the business of a shop or
commercial establishment for more than the normal
maximum working hours, that is to say, fifty-four hours in
any one week and ten hours in any one day.

• Long Title of the Act: “An Act to limit the hours of

work of Shop Assistants and Commercial
Employees and to make certain regulations
concerning their holidays, wages and terms of
service.”
Observations by the Court
Kedar Nath Bajoria v. State of
West Bengal AIR 1953 SC 404
 Sec.4 was challenged as violative of Art. 14

The Apex Court aimed to ascertain the

real purpose for which the statute was
brought into force.
 The Long Title

• “An Act to provide for the

more speedy trial and
more effective punishment
of certain offences”.
 The Supreme Court

The long title is

clearly indicating
the legislative intent
of vesting discretion
in the hands of the
state government as
to which offences
deserved to be tried
by the special courts
under a special
procedure.
Therefore…a long title is…
Legitimate R v. Bates and
Russell
Aid
(1952) 2 All
ER 842
Long title may not Long title may be
be read as to restrict looked into in
the provision case of ambiguity

But if statute is …or in case of

clear and giving doubt in the
a wide meaning enacting provisions
(2.) Preamble
 Preamble
• Preambles may differ in their scope and,
consequently, in the weight, if any, which they may
have on one side or the other of a dispute. There
may be no exact correspondence between the
preamble and enactment. If in an Act, the Preamble
is a general or brief statement of the main purpose,
it may well be of little, if any, value. The Act, may
go beyond, or in some respects, fall short of, the
purpose so briefly stated.
- A.G. v. HRH Prince Ernest Augustus of Hanover
 Preamble
Preamble
Admissible aid
to construction

It cannot control It is not an

otherwise the plain
meaning of a enacting part of
provision a statute

Used as an Aid Express the scope, object

& purpose of the Act
when the provision more comprehensively
is ambiguous than the long title.
Sardar Inder Singh v. State
of Rajasthan
AIR 1957 SC 510
 ●
This Ordinance to remain in force for
Sec. 3 two years unless the period was
further extended by the Rajpramukh.

●
During the continuance of the
Sec.4 Ordinance no tenant could be
ejected or dispossessed.

●
The Government is authorized to
Sec.15 exempt any person or class of persons
from the operation of the Ordinance.
The Preamble to the Ordinance…
• The Rajasthan (Protection of Tenants) Ordinance, 1949
contained a Preamble which ran as follows:
‘Whereas with a view to putting a check on the
growing tendency of landlords to eject or dispossess
tenants from their holdings and in the wider national
interest of increasing the production of food grains, it
is expedient to make provisions for the protection of
tenants in Rajasthan from ejectment or dispossession
from their holdings.’
 Observation of the Supreme Court
The Preamble
The power of dthe
to exten the life of
Ordinance clearly
the Act conferred recited
on th e
the state of fa
Rajpramukh wasctscondition al
legislationting
necessita and the
not enactment
delegated
legislation.
of the law;

He
nce
,
the
po
we
r
un
der
Sec
.15
wa
s
not
unf
ette
red
an
d
not
viol
ati
ve
of
Art
.
14.
 G.S.Raj v. Bandaru Pavani
(2009) 1 SCC 714

●
A marriage ‘may’ be solemnized
Sec.5, HMA between any two Hindus.

Can a Hindu marry a

‘may’
●

Christian under this section?

‘An Act to amend and codify the law

Preamble
●

relating to marriage among Hindus.’

 The Court noted…
• Marriage between Hindu and Christian is
void under the said provision.

• Definition of Hindu under section 2 and

the Preamble were referred.

• Therefore, ‘may’ be treated as mandatory.

 The Preamble cannot
govern the clear words of
the enactment
Burrakur Coal
Co. v. Union of
India
AIR 1961 SC 954
The Coal Bearing Areas (Acquisition and
Development) Act, 1957

●
‘Whenever it appears to the Central
Government that coal is likely to be obtained
Sec. 4(1) from land in any locality, it may, by
notification in the Official Gazette, give notice
of its intention to prospect for coal therein.’

●
On issue of such a notification in respect of any
land any prospecting license or mining lease
Sec. 4(2) granted to any person ceases to have effect and
provision is made for acquisition of land so
notified as also for payment of compensation etc.
 The Preamble
• ‘An Act to establish in the economic interest of India greater
public control over the coal mining industry and its
development by providing for the acquisition by the State of
un-worked land containing or likely to contain coal deposits
or of right in or over such land, for the extinguishment or
modification of such rights accruing by virtue of any
agreement, lease, license or otherwise, and for matters
connected therewith’.
 The main contention before the Supreme
Court

• The Act applied only to virgin lands and not

to those lands which are being worked or
were worked in the past.

(Logic was that ‘unworked’ lands was

used in the Preamble.)
 The Court: Preamble cannot control the plain language

Sec. 4, empowers the Central Government to issue a notification with respect to

its intention of prospecting any land in a locality and not only such land as is
virgin.
Tribhuvan Parkash Nayyar v. Union
of India AIR 1970 SC 540
 ●
Displaced Persons
Act: 1) (Claim) Act, 1950

●
Displaced Persons
Act: 2) (Claims) Supplementary
Act, 1950
 Provisions of the Supplementary Act
Sec.5 Displaced ●
Power of the Chief Settlement
Persons (Claims)
Commissioner to revise any ‘verified’
Supplementary Act,
1954 claim.

Sec.2(f) ●
Any claim registered under the Displaced
Persons (Claim) Act, 1950 in respect of which a
Verified Claim ‘final order has been passed under that Act’.

Preamble of the ●
It was enacted to provide for the disposal of
Supplementary certain proceedings ‘pending’ under the 1950
Act and for matters connected therewith.
Act
 The Main Dispute

The
The Preamble
Supplementary Act
 The Contention was negatived
The words of Sec. 5 read with the
definition of verified claim under Sec.2(f)
are clear.

A preamble is a key to open the mind of

the legislature but it cannot be used to
control or qualify precise and
unambiguous language of the enactment.
When the Preamble is not of much help
For construing
provisions which
embody qualifications
or exceptions

Preamble
retrospectively
inserted into an
earlier Act

The repeal of a
Preamble simpliciter
will not affect the
construction of the
statute.
(2.A) Preamble of the
Constitution
Preamble of the Constitution

to define the
essential
Drafting features of
Committee the new state
formulated and its basic
Objectives the socio-
Resolution Preamble political
objective
 Preamble of the Constitution

The Parliament
The Preamble Minerva Mills &
cannot alter the
is a part of the Keshavananda
basic structure of
Constitution Bharti rulings
the Constitution
Preamble as an Aid to Construe the
Constitution
Preamble is neither
source of any
substantive power nor as
a source of any
prohibition or limitation

Preamble furnishes
the key to open the
mind of the
Constitution makers

To promote the
great objectives
stated in the
Preamble.
42nd Constitutional Amendment Act, 1976

• Sovereign Socialist SECULAR

Democratic Republic.
• Unity and Integrity of the Nation.
• These amendments were held to be valid
in Minerva Mills case.
Atam Prakash v. State of Haryana
(1986) 2 SCC 249

The Preamble embodies

The DPSPs set
& expresses the hope &
proximate goals
aspirations of people
The insertion of the word ‘socialist’
Beacon to
guide &
Interpretation to
promote the object inspire
stated in the
Preamble

Socialist
Welfare
Society

Constitution
is sui generis
in its matters
Replacing a
feudalistic
society
Constitutional Validity of a Pre-
emption Law
Constitutional Validity of Declared void in Still applicable in
Punjab Pre-emption Act, 1913 Punjab Haryana

This Act provides the right of On the basis of …and Agnatic theory
pre-emption consanguinity of succession

Violative of Articles 14 & 15 No reasonable

Relic of the feudal past
of the Constitution classification
Therefore, the court held…
The Act is
ultra vires the
Constitution

The Preamble
enshrines
progressive ideals
of socialist state

Agnatic theory Pre-emption on

‘kinsfolk-basis’ is
of succession is intrinsically
unreasonable defective