Legal Chalk

  MISCHIEF When we read an Act of Parliament the first and fundamental point of note is that it is not like reading a book or a newspaper. The legislative text must be read according to the principles and rules as decided upon by the judges and the statute itself. A special skill is required to understand the meaning. DAVID HUME once asked,’ referring to Pope’s Essay on Man, whether there is any essential difference between one form of government and another; and whether every form is not to be regarded as good or bad, according to whether it is well or ill-administered. Similar questions are likely to occur to anyone who begins to examine the theory and practice governing the interpretation of statutes.   Does the interpretation of statutes really depend on the rules which are Supposed to regulate it?   Does not a judge, according to his outlook and capacity, simply use these so-called rules to justify a decision which he has already reached on other g...

  RULES OF INTERPRETATION A Rule is a uniform or established course of things. It is that which is prescribed or laid down as a guide for conduct or action; a governing direction for a specific purpose; an authoritative enactment; a regulation; a prescription; a precept; as, the rules of various societies; the rules governing a school; a rule of etiquette or propriety etc. It should be remembered that these Rules are Rules of Practice and not Rules of Law. Without these rules, it would soon become impossible to not only understand the law but even just to apply it, as new situations are always coming to light which Parliament and the courts could not have foreseen when the law was developed. Do judges really use the rules of statutory interpretation? If yes, which rule do they use first? – Judges rarely if ever, volunteer the information that they are now applying a certain rule of interpretation. Often, judges look to see if there can be a literal meaning to the words used in th...

  EXTERNAL AID They are the Statement of Objects and Reasons when the Bill was presented to Parliament, the reports of the Committee, if any, preceded the Bill, legislative history, other statutes in pari material and legislation in other States which pertain to the same subject matter. The history of legislation, the enactments which are repealed, the parliamentary debates, dictionary commentaries etc. are external aids to construction. There has been a controversy in India regarding the use of parliamentary debates for interpreting the Constitution. It is now settled that the court can always refer to the debates in the legislature while interpreting the statute to know the intention if there is a doubt about the provision. More often than not, a provision is introduced in the Bill and after some debate either it is altered or modified or amended before finally it receives the assent of the President. Such external aids are helpful in interpreting the law.   ...