Extenal aids to construction


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Extenal aids to construction

  2. 2. 1. Introduction 2. Parliamentary History 3. Historical Facts & Surrounding circumstances 4. Later Social, Economic, Political developments and Scientific Inventions. 5. Reference to other Statues. 6. Contemporary opinion SUMMARY OF DETAILS EXTERNAL AIDS TO CONSTRUCTION
  3. 3. 7. Policy Behind the Act 8. General sound policy 9. Precedent 10. Use of Dictionaries 11. Use of Foreign Decision 12. Subtraction & Insertion of words 13. Use of General Clause Act SUMMARY OF DETAILS EXTERNAL AIDS TO CONSTRUCTION
  4. 4. INTRODUCTIO N " Interpretation v/s Construction " EXTERNAL AIDS TO CONSTRUCTION
  5. 5. PARLIAMENTARY HISTORY Object and reasons behind enacting Act, how far to be considered ?  In England, for Interpretation- Parliament Intention, History, Statutes, Main bill of Proposed Act, Amendments, Bill introducing Minister’s Statements etc are all Irrelevant.  In America, above are taken into consideration.  In India, in the beginning courts followed views of England. EXTERNAL AIDS TO CONSTRUCTION
  6. 6. PARLIAMENTARY HISTORY RULINGS:- A.K. Gopalan case (1950) Chitrangeetlal case (1951) K.P.Vargeese v/s Income tax Officer (1981) Express News Paper Case (1958) Ashwini Kumar Case (1952) Comm. of Income Tax v/s Vadilal Lalubhai (1973) Shanta Singh v/s State of Punjab (1976) Kesavnand Bharti v/s State of Kerala (1973) Maneka Gandhi Case (1978) Builder’s Ass. of India v/s Union of India (1982) S.P. Gupta v/s President of India (1982) EXTERNAL AIDS TO CONSTRUCTION
  7. 7. HISTORICAL FACTS & SURROUNDING CIRCUMSTANCES Historical perspective behind enactment of an Act provides useful guide for interpretation. Old Act , its jurisdiction, objects and reasons for enactments, typical language used therein all invite one to go down in past and refer to historical backdrop. Ruling (1960-SC):- Interpretation of “ BASIC WAGES “ u/s 2(B) of Employees Provident Fund Act, 1952, SUPREME COURT referred history. EXTERNAL AIDS TO CONSTRUCTION
  8. 8. LATER SOCIAL, ECONOMIC, POLITICAL DEVELOPMENT & SCIENTIFIC INVENTION In England- “ Telegraph Act, 1863”, Telephone deemed included Word “ Textile “ explained by SC as absorbing new techniques. If no contrary intention found, new facts and circumstances can be incorporated while interpreting a word. Construction can be treated as per Justice BOSE, as elastic in nature so that it can respond to new changing circumstances. Ruling:- Video Conference Case, Ruling by SC Referred (2003-SC) EXTERNAL AIDS TO CONSTRUCTION
  9. 9. REFERENCE TO OTHER STATUTES Interpretation of a given word is based on study of its context / reference . Major ways to study Context / Reference are through:- a) Statutes in Pari Materia b) Assistance of Earlier Statutes c) Assistance of Later Statutes d) Codifying & Consolidated Statutes e) Incorporation of Earlier Act into Later Act.EXTERNAL AIDS TO CONSTRUCTION
  10. 10. (A) STATUTES IN PARI MATERIA There are two or more statutes on same subject matter which are enacted by competent authority and hence meaning of word clause or phrase of one statute is applied in the case of same word, clause or phrase in Pari Materia Statutes. Illustrations of Pari Materia Statutes General Clauses Act,1897- The Bombay General Clauses Act,1904 Indian Court Fees Act,1870 - Bombay Court Fees Act,1959 Code of Civil Procedure,1908 – Code of Criminal Procedure 1973 Industrial Dispute Act, 1947 – Bombay Industrial Relations Act, 1946 All above acts are Pari Materia – Identical Subject Matter / Procedure. EXTERNAL AIDS TO CONSTRUCTION
  11. 11. Rulings :- (1) State of Assam v/s P. Barua (1969) Income Tax Act,1922 v/s Assam Agricultural Act, 1939 (2) Ram Chander v/s Union of India (1981-SC) Rule 27(2) of Central Civil Services ( Classification Control, Appeal) Rules, 1965 & Rule 22(2) of Railway Servants ( Discipline & Appeal ) Rules, 1968 (3) M/s MSCO v/s Union of India (1985 – SC ) ‘ Industry ‘ defined in I.D. Act,1947 & Notification under Customs Act, 1962 & Constitution of India,1950 ---- Held, such Acts NOT Pari Materia --- (A) STATUTES IN PARI MATERIA EXTERNAL AIDS TO CONSTRUCTION
  12. 12. (B) ASSITANCE OF EARLIER STATUTES Repealed Act v/s Reenacted / Reconstituted Act. In Later Acts, words sometimes carry same meaning as in the case of Repealed Act. Constitution of India Article 245(1), 246 are similar to s. 99(1) & 100 of Government of India Act, 1935. EXTERNAL AIDS TO CONSTRUCTION
  13. 13. (C) ASSITANCE OF LATER STATUTES When Earlier Act ( in time ) is vague or uncertain in some respect then later Acts sometimes provide meaning to them. Rulings:- (1) State of Bihar v/s S.K. Roy (1966-SC) The Coal Mines Provident Fund & Bonus Scheme Act, 1948 Definition of ‘ Coal Mine ‘ vague. Amendments in 1965 defined ‘ Coal Mine ‘ and based on it ‘or’ read as ‘and’ in 1948 version of ‘Coal Mine’. (2) Ammini v/s State of Kerala (1998 SC ). S. 293(4) Cr. P.C, 1973 ‘ Director ‘ includes ‘ Joint Director ‘ as per 1988 amendment which included Deputy/Asst. Director. (3) No Assistance of later statutes for interpreting I.D. Act S. 25 F & 2(oo) based on 1956 amendment for S.25 FF. EXTERNAL AIDS TO CONSTRUCTION
  14. 14. (D) CODIFYING & CONSOLIDATING STATUTES A codifying Statute is one which purports to state exhaustively the whole of the law upon a particular subject incorporating both the pre- Statutory provisions and also common law rules relating to matters. Rulings:- Rohini Kumari v/s Narendra Singh (1972-SC) Hindu Marriage Act, 1956. Preamble “ to amend and codify law among Hindus “. No help outside of codified law is available. A consolidating Statute is one which collects all statutory’s provisions relating to a particular topic into one legislative Act with minor amendment. Example :- (1) Indian Evidence Act, 1872. (2) Code of Criminal Procedure, 1973 (3) General Clauses Act, 1897 Readily available interpretation under the old law is helpful while interpreting consolidated Statute. EXTERNAL AIDS TO CONSTRUCTION
  15. 15. (E) INCORPORATION OF EARLIER ACT INTO LATER ACT Provision of earlier act is applied sometimes for interpreting later Act. Rulings:- 1) AIR 1978 SC 793 Madhyapradesh Land Revenue Code,1954 S.151 “ Subject to his personal law” Hindu Succession Act,1956 Held, not only provisions of earlier personal law but also Hindu succession Act, 1956 applicable. 2) Pareshchandra Chatterjee v/s State of Assam (1962-SC) Land Acquisition Act, 1894 & Assam Land ( Requisition & Acquisition ) Act 1948. Provision of Acquisition applied to requisition also. 3) Lily Thomas Case ( 2000-SC ) S-17 ‘ Hindu Marriage Act 1955’ – Offence of Bigamy Reference to S. 494 & S. 495 of Indian Penal Code, 1860. EXTERNAL AIDS TO CONSTRUCTION
  16. 16. CONTEMPORARY OPINION Interpretation by contemporary judges. Expert Opinions / Commentaries by contemporary Scholars on Custom, Usage, Tradition, Personal Laws etc. No Application post 1858 in England. Example:- Bombay Municipal Corporation Act, 1888. Liability to pay tax on Landlord. Counter Ruling:- TELCO Case ( 1976-SC ) ‘ Bombay Village Panchayat Act, 1933 S-89 “House” read with its rule 108 “ land & Building “. Hence “House” covers “ Factory “. EXTERNAL AIDS TO CONSTRUCTION
  17. 17. POLICY/SOCIAL POLICY BEHIND ACT In case of a plain word, no need exists for considering policy behind the act . In complicated case sometimes policy study is important for interpretation. Of the two interpretation – one that advances policy behind the act or curbs the mischief sought to be plugged is to be followed. EXTERNAL AIDS TO CONSTRUCTION
  18. 18. PRECEDENT Past ruling, Predictability, Certainty, Stability of law achieved through application of Precedents. Ratio / Essence or core reason of the judgment is mainly Important. Stare decisis- Ratio decidendi Article 141 Constitution of India, 1950. Legislatures make the law. Court declares the law. Precedent reinforces law. Only in rare cases, court makes the law. EXTERNAL AIDS TO CONSTRUCTION
  19. 19. USE OF DICTIONARIES Dictionary is not treated as final authority. When no help from other sources available, dictionary provide general guidance, help Technical and Legal Terms RULINGS:- Employees State Insurance Corp. v/s TELCO (1976-SC), Word “Apprentice”, dictionary meaning followed EXTERNAL AIDS TO CONSTRUCTION
  20. 20. USE OF DICTIONARIES RULINGS:- Dictionary meaning NOT followed Word “ Honorarium” (1975-SC) Alamgir v/s State of Bihar (1956-SC), word ‘Detained’ in S. 498 of IPC 1860. Ramavatar v/s Asst. Sales Tax Officer (1961), word ‘ BETAL LEAVES ’ not treated as “ Vegetable “. Motipur Zamindari Co. v/s State of Bihar (1962), word ‘ SUGARCANE ’ not treated as “ Vegetables ”. EXTERNAL AIDS TO CONSTRUCTION
  21. 21. USE OF FOREIGN DECISIONS No use when meaning is clear. However many principles of law ( like ‘natural justice’ ) are based on foreign principles. Illustrations/Explanations in the acts are borrowed from English Laws. Many provisions of our constitution are borrowed from other Countries. RULINGS:- (1) A.K. Gopalan Case (1950-SC), Foreign decisions referred. (2) Ranjit Udeshi v/s State of Maharashtra (1965), S. 292 of IPC – Sale of Obscene books, Whether Obscene ? Foreign Decisions referred. EXTERNAL AIDS TO CONSTRUCTION
  22. 22. SUBTRACTION & INSERTION OF WORDS Basic presumption is that each word in the statute is introduced purposefully. However if by ignoring a word, court feels that meaning does not suffer then such word is treated as ‘ subtracted ‘. Similarly, to make the provision meaningful if court adds the missing word in the statutes then that exercise amounts to insertion of words. EXTERNAL AIDS TO CONSTRUCTION
  23. 23. USE OF GENERAL CLAUSES ACT, 1897 Consolidated Act Definition of : (1) Act (6) India (2) Affidavit / Oath (7) Indian Law (3) Central Government (8) Person (4) Document (9) State Government (5) Immovable / Moveable Property (10) Local Authority S-6 Effects of Repeal of Act S-13 ‘ Masculine Gender ’ & ‘Singular’ S-16 Power of Appointment Bombay General Clauses Act, 1904. EXTERNAL AIDS TO CONSTRUCTION
  24. 24. Q A&