Aids to Interpretation

Dr. J.M. Mallikarjuanaiah

 Introduction
• The purpose of interpretation is to find out the
intention of the legislature..
• The aids to interpretation help a judge find out
the same.
• These also help in deriving proper context in
which a statute is to be applied.
• Two kinds of aids:
• Internal or intrinsic: those within statute.
• External or extrinsic: those outside of statue.
 Internal Aids
Title
• Statutes usually have two titles: the short title
and the long title.
• Former is merely a short form of the full
statute used for the sake of brevity.
• The latter along with preamble states out the
objective and purposes of the statute.
• A statute, when referred to, is always known
by its short title.
• A short title has no interpretive value.
• It is permissible to use the long or full title of
an Act to throw light on a doubtful meaning.
Amarendra Kumar Mohapatra & Ors. v. State of
Orissa & Ors. (2014) :
“The title of a statute is no doubt an important
part of an enactment and can be referred to for
determining the general scope of the legislation.
But the true nature of any such enactment has
always to be determined not on the basis of the
given to it but on the basis of its substance.”
Poppatlal Shah v. State Of Madras (1952)
• The assessee company was headquartered at Madras,
having business of oils, kirana, etc.
• They purchased materials from local merchants and
then send it to Calcutta for sale. Agreements with
buyers were entered at Madras but sale was completed
at Calcutta. They were asked to pay tax under Madras
Sales Tax Act, 1939 because their profit accrued at
Madras and also it was the place of contract .
• Appeal was allowed. It was observed inter-alia, after
giving weight to the title of the Act-
‘that the object of the Act is to impose taxes on sales
that take place within the province.’
Preamble
• It is a prefatory statement following the title and
preceding the enacting clause.
• Expresses the scope, object and purpose of the Act
more elaborately than the long title.
• It is not considered to be a part of enactment.
However, Preamble of the Constitution has been
declared to be a part of Constitution.
• While applying interpretive rules, Preamble affords a
good clue for discovering what that object was.
• It is a key to open the mind of the legislature but
cannot be used to control or qualify precise and
unambiguous language of the statute.
Arnit Das V. State of Bihar (2000)
“The preamble suggests what the Act was
intended to deal with. If the language used by
parliament is ambiguous the court is permitted
to look into the preamble for construing the
provisions of an Act. The Preamble is a key to
unlock the legislative intent. If the words
employed in an enactment may spell a doubt as
to their meaning it would be useful to so
interpret the enactment as to harmonise it with
the object which the legislature had in its view."
West Bengal vs. Anwar Ali Sankar (1952)
• It was contended that Sec.5 of the West Bengal Special
Courts Act, 1950, was unconstitutional and void as it
contravened Art. 14 of the constitution.
• That section provided that a special court shall try such
offences or class of offences, or cases or classes of
cases, as the state Government may direct.
• It was contended on behalf of the state that the preamble
should be read as part of the section, (The Preamble
read, 'whereas it is expedient to provide for the speedier
trial of certain offences') and that the proper
interpretation would be ‘only those cases and offences
which in the opinion of the State Government required
speedier trial could be assigned to the special court’.
• Held-
“The express provision of an enactment, if it is
clear and unambiguous, cannot be curtailed or
extended with the aid of the preamble to the Act.
It is only when the object or meaning of the
enactment is not clear that recourse can be had
to the preamble to explain it. In this case, the
language of Sec. 5(1) is perfectly clear and free
from any ambiguity. It vests an unrestricted
discretion in the state Government to direct any
cases to be tried by the special court.”
Preamble cannot limit the operation of a
provision.
• In Motipur Zamindari Co. v. St. of Bihar (1962) the
assessee was asked to pay taxes for 1951-52 and
1952-53 under Bihar Sales Tax as it fell under
category of dealer under section 2 of the Act.
• The Act was amended in 1950 and the Preamble to
amending Act stated it amends the existing act and
lays down rules of sales tax under the Act for the
financial year beginning on April 1st 1950.
• Assessee relied on the preamble to not pay taxes
among other things.
• Court rejected the appeal.
Preamble of the Constitution
• In re Berubari (1960) the Apex Court held that
preamble is not part of constitution and according to
it, it is not a source of substantive power.
• But this view was rejected in Kesvananda Bharti v.
St. of Kerala1973 C. J. Sikri observed
• “it seems to me that the preamble of our
constitution is of extreme importance and the
constitution should be read and interpreted in the
light of the grand and noble vision expressed in the
constitution.”
• The majority judgment strongly relied upon the
preamble in concluding the basic structure doctrine.
Headings
• It is a settled view that the Headings or Titles
prefixed to sections or group of sections perused
to construe enactments.
• The headings prefixed to a section or sets of
sections in some modern statutes are regarded as
preamble to those sections.
• Where the language of the section of an Act is
plain, it is not necessary to have recourse to the
general heading.
• The heading cannot cut down the express
meanings of the words.
• Union of India V. Raman Iron Foundary(1974)
“heading cannot control the interpretation of a clause
if its meaning is otherwise plain and unambiguous,
but it can certainly be referred to as indicating the
general drift of the clause and affording a key to a
better understanding of its meaning.”
• Frick India Ltd. v. Union of India (1990)
“Only in the case of ambiguity or doubt the heading
or the sub-heading may be referred to as an aid for
construing the provision but even in such a case aid
could not be used for cutting down the wide
application of the clear words used in the provision”
Bhinka v. Charan Singh (1959)
• S. 180 of UP Tenancy Act- ejectment of a
person who possessed a land ‘otherwise than in
accordance with the provisions of law’.
• The appellants were in possession of the
disputed lands and magistrate under s 145
CrPC, declared that they were entitled to be in
possession thereof until evicted therefrom in
due course of law.
• The question before Supreme Court arose
whether appellants can be ejected without
having title but a declared possession.
• Supreme Court answered in affirmative.
• The court construed ‘possession in accordance
with the provisions of law’ as ‘possession with
title’
• They came to this conclusion by looking at the
heading of the section which read ‘ejectment of
a person occupying land without title’
• N.C. Dhondial v. UOI (2004)- ‘Matters not
subject to jurisdiction of commission’ was used
to conclude that period of one year to enquire
into a matter under section took away
jurisdiction of the Comission.
Marginal Notes
• Marginal notes of the sections are not to be
referred to for the purpose of construction
generally
• Unless they have been inserted with the assent
of the legislature.
• Marginal notes under Indian Constitution
forms part of it.
• In case of ambiguity, the marginal note may be
looked into as an aid to construction but it
cannot limit the meaning of enacted clauses.
Balraj Kunwar v. Jagatpal Singh (1926)
• The marginal notes to the sections of an
enactment cannot be
• Referred to for the purpose of construing the
act.
• There is no justification for restricting the
contents of a section by its marginal notes.
• They are not part of the act. A marginal note is
merely an abstract of the clause intended to
catch the eye.
State of Bombay V. Bombay Education Society
• It was contended that Art-29(2) did not confer
any fundamental right on all citizens generally
but guaranteed the rights of citizens of
minority groups
• Reference was made to the marginal note to
Art.29 which states : ‘Protection of interests of
minorities’.
• This contention was rejected by the Supreme
Court and it was held that Article 29(2) applies
to all citizens.
Punctuation
• a mark, such as a full stop, comma, or question mark,
used in writing to separate sentences and their
elements and to clarify meaning.
• No punctuation marks were used in England before
1850 in manuscript copy of any Act which received
legal assent.
• According to traditional view punctuations cannot be
used to construe the Act.
• Like the previous aids they can also be used only
when meaning is ambiguous.
• They are always subordinate to the requirement of
the context.
• Maharaja of Burdwan V. Murtunjoy Singh
(1887), It was observed by privy council that it
was an error to rely on punctuation in
construing the Act of Legislature.
• Ashwini Kumar V. Arbinda Bose (1952)
When a statute is carefully punctuated and there
is doubt about its meaning, weight should
undoubtedly be given to the punctuation.
Punctuation may have its uses in some cases but
it cannot certainly be regarded as a controlling
element and cannot be allowed to control the
plain meaning of
Mohd. Shabbir v. State of Maharashtra (1979)
• Section 27 of the Drugs and cosmetics Act, 1940
came up for construction. By this section whoever
‘manufactures for sale, sells, stocks or exhibits for
sale or distributes’ a drug without a licence, is
liable for punishment.
• In holding that mere stocking is not an offence
within the section, the Supreme Court pointed out
the presence of comma after ‘manufactures for sale’
and 'sells' and absence of any comma after 'stocks'.
• It was, therefore, held that only stocking for sale
could amount to offence and not mere stocking.
• Dr. M. K. Salpekar v. Sunil KumarShamsunder
Chaudhari (1979)
• The court construed clause 13 (3) v of the C.P. and
Berar Letting of Houses and Rent Control Order.
• This provision permits ejectment of a tenant on the
ground that "the tenant has secured alternative
accommodation, or has left the area for a continuous
period of four months and does not reasonably need the
house."
• In holding that the requirement that the tenant ‘does
not reasonably need the house’ has no application when
he ‘has secured alternative accommodation’ the court
referred and relied upon the punctuation comma after
the words ‘alternative accommodation.’
Illustrations
• Illustrations appended to a section from part of the statute
though forming no part of the section.
• They are of relevance and value in the construction of the
text of the section.
• However an illustration cannot go beyond the section.
• If the text is clear and the illustration beyond it, the
illustration can’t extend or limit the scope of the text.
• It can be rejected on the ground of repugnancy to the
section itself.
• Shambhu Nath Mehra v. State of Ajmer (1956)
• “an Illustration does not exhaust the full content of the
section which it illustrates but it can neither curtail nor
expand its ambit”
Section11, IEA When facts not otherwise relevant
become relevant
• Facts not otherwise relevant are relevant-
 
(1) If they are inconsistent with any fact is issue or
relevant fact;
(2) If by themselves or in connection with other facts
they make the existence or non-existence of any fact in
issue or relevant fact highly probable or improbable 
• Illustration
• (a) The question is, whether A committed a crime at
Calcutta on a certain day. 
• The fact that, on that day, A was at Lahore is relevant….
Interpretation Clause
• AKA Definition section.
• It provides an important aid to gather intention
of the legislature.
• Legislature often gives definitions of certain
words to remove ambiguity and extend the
ordinary meaning of the words or phrases in
question.
• Definition is a statement that explains the
meaning, nature and content of something one
is defining in a precise and articulate manner.
• Khanna J., in Indira Nehru Gandhi V. Raj
Narain(1975) :
“A definition clause in a statute is a legislative device
with a view to avoid making different provisions of the
statute cumbersome. Where a the effect is that where
ever the word defined is used in a provision to which
that definition is applicable, the definition of the word
gets substituted. Where, however, the definition is
preceded by the words "unless the context otherwise
requires", the connotation is that normally it is the
definition given in the section which should be applied
and given effect to. This normal rule may, however, be
departed from, if there be something in the context to
show that the definition should not be applied.”
Restrictive and Extensive Definitions
• Different words or phrases are used to furnish definitions.
• These do not take away the ordinary and natural meaning
of the words. They either extend the meaning or give
meaning to ambiguous words.
• ‘Means’- exhaustive.
• ‘Includes’- extends the ordinary meaning.
• ‘Means and includes’- exhaustive.
• ‘denotes’- same significance as ‘includes’.
• ‘Deemed to be’- creates a legal fiction.
• ‘that is to say’- illustrative of definition.
• Many definitions start with “unless the context requires
otherwise”.
P. Kasilingam v. P.S.G. College of Technology (1995)
“The use of the word ‘means’ indicates that definition is
a hard- and-fast definition, and no other meaning can be
assigned to the expression than is put down in
definition.
The word ‘includes’ when used, enlarges the meaning of
the expression defined so as to comprehend not only
such things as they signify according to their natural
import but also those things which the clause declares
that they shall include. The words ‘means and includes’,
on the other hand, indicate ‘an exhaustive explanation of
the meaning which, for the purposes of the Act, must
invariably be attached to these words or expressions’.
• Carter v. Bradbeer (1975)
Section 201 (1) of Licensing Act,1964 defines
bar to include a place which is exclusively and
mainly used for the sale and consumption of
intoxicating liquor. The court while referring to
this definition held that the word ‘include’
showed that the definition did not exclude what
would ordinarily and common parlance be
spoken of bar, and therefore counters used for
serving liquor were held to be bar.
• South Gujarat Tiles Manufacturers Assn. v. State of
Gujarat (1976)
• “Now it is true that ‘includes’ is generally used as a word
of extension, but the meaning of a word or phrase is
extended when it is said to include things that would not
properly fall within its ordinary connotation.”
• Sometimes, however, the context may suggest that word
‘includes’ may have been designed to mean ‘means’.
• Karnataka Power Transmission Corpn. v. Ashok Iron
Works (P.) Ltd., (2009)
“The setting, context and object of an enactment may
provide sufficient guidance for interpretation of the word
‘includes’ for the purposes of such enactment.”
• Vanguard Fire & General Insurance Co. Ltd. v. Fraser &
Ross (1960)
Whether the definition of the word “insurer” included a person
intending to carry on a business or a person who has ceased to
carry on a business.
It was contended that the definition started with the words
“insurer means” and, therefore, is exhaustive. The Supreme
Court, repelling that contention held, that statutory definitions
or abbreviations must be read subject to the qualification
variously expressed in the definition clauses which created
them and it may be that even where the definition is exhaustive
inasmuch as the word defined is said to mean a certain thing, it
is possible for the word to have somewhat different meaning in
different sections of the Act depending upon the subject or the
context.
Borrowed definitions
• Sometimes definition section may borrow
definitions from an earlier Act
• The definitions so borrowed may not
necessarily be in the definition section but in
some other provision of the earlier Act.
• Public nuisance.
• In absence of such a pari materia definitions
from GCA can be looked upon.
Ambiguous definitions
• Normally definition is intended by legislature to
be precise.
• However, when a definition is ambiguous it
requires interpretation for the want of clarity.
• In order to understand in complete the meaning
of the word, it should not be read in isolation
and should require taking help of other
provisions or the definition for the same word
provided in different statutes.
• The context and general purpose may also be
looked upon.
Lord Rankin in ILM Cadija Umma v. S. Don
Manis Appu (1939).
• “A phrase having been introduced and then
defined, the definition prima facie must
entirely determine the application of the
phrase, but the definition must itself be
interpreted before it is applied, and interpreted,
in case of doubt in a sense appropriate to the
phrase defined and to the general purpose of
the enactment.”
Pradyat Kumar v Chief Justice, Calcutta (1956)
• The apellant was dismissed from his services
by the respondent and on of the contentions
raised was he had no power under law to do
so.
• It was held that Article 229 (1) also contains
power of dismissal.
• The court took help of Section 16(1) of GCA
which clearly provides that ‘power of
appointment’ includes the ‘power to suspend
or dismiss’.
Hariprasad Shivshankar v. A.D. Diwakar (1957)
• A railway company served notice of retrenchment
on its employees because the GOI was taking over
the Railways, which results into closure of
company.
• The definition of ‘retrenchment’ under Industrial
Disputes Act was in question.
• As per Section 2 (oo) it means ‘the termination by
the employer of the service of a workman for any
reason whatsoever, otherwise than as a punishment
inflicted by way of disciplinary action’
• Supreme Court held in favour of the company.
• The word ‘industry’ under IDA has been interpreted to
mean many things to come within its purview.
• S. 2 (j) defines industry as ‘as any business, trade,
undertaking, manufacture, or calling of employers and
includes any calling, service, employment, handicraft or
industrial occupation or avocation of workmen.’
• Triple test has been laid out by SC in Bangalore Water
Supply v A Rajappa (1978)
• Systematic and organized activity
• With the cooperation between Employers and
employees
• For the production and distribution of good and
services whether or not capital has been invested for
this activity.
State of Bombay V. Hospital Mazdoor Sabha
• The question was whether the JJ group of
Hospitals was an 'industry‘ under IDA.
• The Supreme Court held in affirmative.
• Hospital includes a systematic activity
habitually undertaken to render service to
community at large, hence industry.
• It does not matter whether it is for profit or
not.
• It also does not make any difference if it is run
by Government or a private person.
Proviso
• It is a qualification of the preceding enactment
which is expressed in terms too general to be
quite accurate.
• A proviso is added to an enactment to qualify
• or create an exception to what is in the
enactment and ordinarily, a proviso is not
interpreted as stating a general rule.
• A proviso does not travel beyond the provision
to which it is a proviso.
• Where the proviso is directly repugnant to a
section, the proviso shall stand and be held a repeal
of the section as the proviso speaks the later
intention of the makers.
• The proviso is subordinate to the main section. A
proviso does not enlarge an enactment except for
compelling reasons.
• State of Punjab & Anr. v. Ashwani Kumar & Ors
(2009)
“If the language of the enacting part of the statute
does not contain the provisions which are said to
occur in it you cannot derive these provisions by
implication from a proviso”.
S. Sundaram Pillai v. V.R. Pattabiraman
A proviso may serve four different purposes:
(1) qualifying or excepting certain provisions from the main
enactment;
(2) it may entirely change the very concept of the intendment
of
the enactment by insisting on certain mandatory conditions to
be fulfilled in order to make the enactment workable;
(3) it may be so embedded in the Act itself as to become an
integral part of the enactment and thus acquire the tenor and
colour of the substantive enactment itself; and
(4) it may be used merely to act as an options addenda to the
enactment with the sole object of explaining the real
intendment of the statutory provision.
Exception and Saving Clauses
• Exception exempts something which would
otherwise fall within the purview of the general
words of a statute.
• It differs from proviso in the sense that it has a
general application and it is a restriction.
• An exception repugnant to operative part may be
ignored.
• Exceptions must be construed strictly and strongly
against the party trying to take the benefit.
• The mention of certain exceptions to the general rule
implies that no other exceptions were contemplated.
• Saving clauses are generally introduced into
repealing Acts.
• ‘Savings’ serves the purpose of preserving rights
and privileges in already existing.
• A saving clause repugnant to body of the Act is
void.(Attorney general v. Bushopp)
• A saving clause cannot give any further right
than that a party already had. (Arnold v. Mayor
and Corporation of Gravesend)
• A saving clause cannot be used to extend the
scope of prohibition contained in main clause.
(Punjab Province v. Daulat Singh)
Explanation
• It is a part of the enactment and it explains the meanings
of the words in the enacting clauses.
• It makes the meaning clear beyond dispute.
• S. Sundaram Pillai v. V.R. Pattabiraman (1985)
The object of explanations-
a. to explain the meaning and intendment of the Act itself;
b. where there is any obscurity or vagueness in the main
enactment, to clarify the same so as to make it consistent
with the dominant object which it seems to subserve;
c. to provide an additional support to the dominant object
of the Act in order to make it meaningful and purposeful;
d. an Explanation cannot in any way interfere with or
change the enactment or any part thereof.
Non Obstante Clause
• A section sometimes begins with the phrase
‘notwithstanding anything contained etc.’
• It gives the provision to which it is attached an
overriding effect in the event of conflict.
• Aswini Kumar v. Arabinda Bose
“the non obstante clause can reasonably be read
as overriding ‘anything contained’ in any relevant
existing law which is inconsistent with the new
enactment, although the draftsman had primarily
in his mind a particular type of law as conflicting
with the new Act.”
• Shri Ram Narain v. Simla Banking& Industrial
Co. Ltd.
When two law operates on same subject matter
and also have a non-obstante clause then
purposive interpretation has to be applied.
• Sarwan Singh v. Kasturi lal
In addition to the purposive test,another test is
that the later enactment must prevail over the
earlier one.
Schedule
• A Schedule is as much a part of the statute as any
other part and is used in construing provisions in the
main body of the Act.
• In Ellerman Lines Ltd. v.Murray, it was laid down
that a schedule can’t be referred to on the
construction of an enacting part of the statute unless
the language of the enacting part is ambiguous.
• Kallu v.Munna In case of an ambiguous enactment
schedule is a legitimate aid to construction.
• Aphali Pharmaceuticals Ltd. v. State of Maharashtra
- in case of a conflict between the body of the Act
and the schedule, the former prevails.
 External Aids
• External aids are resorted to when ambiguity
persists even after exhausting the internal aids.
• In order to find out the intent if the legislature in
true sense, external aids like parliamentary
debates, dictionaries, etc. can be looked upon.
• B. Prabhakar Rao v. State of Andhra Pradesh
“Where internal aids are not forthcoming, we can
always have recourse to external aids to discover
the object of the legislation. External aids are not
ruled out. This is now a well settled principle of
modern statutory construction.”
Parliamentary History
• Parliamentary history may include:
• The bill in its original form or the amendments
considered during its progress in the Legislature
• Statements of Objects and Reasons (Speech of the
minister)
• Parliamentary debates
• Reports submitted by different Committees and
commissions.
• These were not used as an aid to interpretation
initially. However, occasionally courts have
adhered to use them for expounding the true
meaning of legislation.
• Pepper v. Hart (1993)
“The reference to Parliamentary material should
be permitted as an aid to the construction of
legislation which is ambiguous or obscure or
literal meaning of which leads to absurdity.”
• Chiranjit Lal Chowdhury v. UOI (1951) Fazal
Ali, J., admitted Parliamentary History
including the speech of the minister
introducing the bill as evidence of the
circumstances which necessitated the passing
of the Act.
• Indira Sawhney v. UOI (1993)
While interpreting Article 16(4) of the
Constitution the Supreme Court referred to Dr.
Ambedkar’s speech in the Constituent Assembly
as the expression backward class of citizens’ is
not defined. The court held that reference to
Parliamentary debate is permissible to ascertain
the context, background and objective of the
legislatures but at the same time such references
could not be taken as conclusive or binding on
the courts.
• Warwickshire County Council v Johnson (1993).
• Stubbing v. Webb (93)
• Chief Adjudication Officer v. Foster (93)
• Workmen, Firestone Tyre and Rubber Co. v
Management (1973)
• Keshavananda Bharti Case
• Aruna Roy v. UOI (2002)
• In Re Gujarat Assembly Elections Case (2002).
• Harsharan Varma v. Tribhuvana Narain Singh
(1971)
• Santa Singh v. State of Punjab (1976)
Historical Facts And Surrounding
Circumstances
• These are essential to understand the subject
matter of the statute or to have regard to the
surrounding circumstances which existed at the
time of passing of the statute.
• According to Blackstone, the most universal
and effectual way of discovering the true
meaning of a law, when the words are dubious,
is by considering the reason and spirit of it, or
the cause which moved the legislators to enact
it.
• Keats v. Lewis (1911)
In the construction of statutes it is, of course at all
times and all circumstances permissible to have
regard to the state of things existing at the time
the statute was passed and to the evils which
appear from the provisions, it was designed to
remedy.
• Commr. of Income Tax, M.P. v Socha Devi
(1958)
When the words used are ambiguous that they
would stand to be examined and construed in the
light of the surrounding circumstances.
• Developments—Social ,Political, Economic and
Scientific
• According to Waisman:
“ Judges are not robots. They have to evolve various
methods and techniques to tackle a problem which
confronts them.”
• R v. Ireland (1997)
The psychiatric injury which was caused by silent
telephone calls was held to amount to “assault” or
“bodily harm” under sections 20 and 47 of the
Offence Against Person Act,1861 in the light of the
current scientific appreciation of the link between the
body and psychiatric injury.
• R v. Fellows (1997)
The data stored in a computer disc, a technique not
known in 1978 amounts to “indecent photograph”
within the meaning of section 1 of the Protection of
Children Act,1978 which penalizes taking or
distribution of indecent photograph of children
under the age of sixteen.
• Bacchan Singh v. State of Punjab (1982)
SC, while upholding the constitutionality of death
penalty, observed that Constitutional Law also raises
economic, social, moral and political problems. And
along with the history, the recent developments shall
also be taken into account.
Foreign Judgments
• Reference to decisions of the English Courts was a
common practice in the administration of justice in pre
independent India.
• However, courts have also referred to American
decisions, especially when matter is connected with
Fundamental Rights.
• These judgments have persuasive value, when there is
no law on point.
• General Electric Company v. Renusagar Power
Company (1987)
When guidance is available from Indian decisions,
reference to foreign decisions may become unnecessary.
• Bhagwati J. in National Textile Workers Unoin
v. P.R. Ramakrishnan (1983)
The courts in India will have to build their own
jurisprudence though they may receive light
from whatever source it comes. They can’t
surrender their judgement and accept as valid in
India whatever has been decided in England.
• Express Newspaper (P) Ltd. v. UOI (1985)
Reference to the decisions of the US SC for
interpreting Art.19(1)(a) of the Constitution of
India is allowed.
Reference to other statutes
• This may include referring to statutes in pari materia and
earlier statutes.
• Statutes which relate to the same subject, the same person or
thing or the same class of persons or things are deemed to
constitute one system of law, they are considered as one statute.
• R v. Loxdale
“Where there are different statutes in pari materia though made at
different times, or even expired, and not referring to each other,
they shall be taken and construed together as one system and as
explanatory of each other”.
• Ahmedabad Pvt. P.T. Association v. Adm. Officer
It was observed that the word “employee” defined in section 2(e)
of Payment of Gratuity Act is to be construed by referring to
other Labour Enactments dealing with the same subject.
• When the two legislations have different
scopes it cannot be said that they are in pari
materia.
• Shah and Co., Bombay V. State of
Maharashtra
The Bombay Rents, Hotel and Lodging Rates
Control Act, 1947 and the Bombay Land
Requisition Act, 1948 were not held to be Acts
in pari materia as they do not relate to the same
persons or thing or to the same class of persons
or things.
Dictionary
• When a word is not defined in the Act, it is
permissible to refer to dictionaries.
• Though dictionaries are not to be taken as
authoritative in regard to the meanings of the words
used in statutes.
• In Rev. Stainslaus v. State of M.P. (1977) SC the
court quoted the meaning of the word ‘Propagate’
from the Oxford and Century dictionaries.
• Bihar v. R.K.Singh (1983)
SC observed that the dictionaries can always be
referred to in order to ascertain not only the meaning of
the word but also the general use of it.
• AR Antulay v RS Nayak
While it may be permissible to refer to dictionaries to find
out the meaning in which a word is capable of being used or
understood in common parlance, the unrestricted reference
to the dictionaries should be avoided and the well known
canon of construction that the meaning of the words and
expressions used in a statute ordinarily take their colour
from the context in which they appear, should be kept in
mind.
• Ram Naraian v. State of U.P.
In selecting one out of various meanings of the word regard
must always be had to the context as it is a fundamental rule
that the meanings of the words and expressions used in an
Act must take colour from the context in which they appear.
International Law
• India being a dualist country does not allow the
courts to apply International law in adjudication
without enactment.
• However, since International law requires non-
violation of objectives of the treaty, it may be
considered by the courts.
• The constitution also ordains to fulfil
international commitments.
• Reference to international law can only be made
when there is absence of domestic jurisprudence
on the impugned matter.
• Pratab Singh v. State of Jharkhand (2005)
Court held that the International treaties,
covenants and conventions although may not be
a part of our Municipal Law can be referred to
and followed by the courts having regard to the
fact that India is a party to the said treaties.
• Research Foundation For Science v Union Of
India (2005)
• Court referred to Basel Convention on the
Control of Transboundary Movements of
Hazardous Wastes and their Disposal.
• Vishakha v State of Rajasthan
Court referred to CEDAW and prepared
guidelines on sexual harassment of women at
workplaces.
• DK Basu v State of West Bengal
court referred to UDHR, ICCPR and ICESCR.
• Bachpan Bachao Andolan Case
Child rights convention was referred to by SC.