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The Maharaja Sayajirao University of Baroda
Faculty of Law
Year: Second year Paper Code:
Semester: II semester
Subject: Interpretation of Statutes (Core)
Objective:
1. Legislation is the main source of law of the modern era. Legislation enacts law after many
deliberations. With the emergence of legislation, Interpretation of Statutes has become a method
by which the judiciary explores the intention behind the statutes.
2. The course explains to the students the various methods used for judicial interpretation in
construction of words, phrases and expressions.
Unit 1: Principles of Legislation and Meaning of Interpretation of Statutes
1.1 Principles of Legislation
1.1.1 Law making- the legislature, executive and the judiciary
1.1.2 Principle of Utility: Relevance and operation of the theories of John Rawls
and Robert Nojick- Individual interest to community interest
1.2 Meaning of Interpretation of Statutes
1.2.1 Meaning and nature of the term ‘Statutes’
1.2.2 Statute vis-à-vis Common Law
1.2.3 Classification of Statutes
1.2.4 Difference between Interpretation and Construction
Unit 2: Rules of Interpretation and Related Maxims
2.1 Literal Rule
2.2 Golden Rule
2.3 Mischief Rule
Unit 3: Aids to Interpretation
3.1 Intrinsic Aids to Interpretation
3.2Extrinsic Aids to Interpretation
Unit 4: Presumptions and Subordinate Principles
4.1 Presumptions
4.1.1 Presumption against alteration in common law
4.1.2 Statutes are valid
4.1.3 Statutes are territorial in operation
4.1.4 Presumption as to jurisdiction
4.1.5 Presumption against what is inconvenient or absurd
4.1.6 Presumption against intending injustice
4.1.7 Presumption against permitting advantage from one’s own wrong
4.1.8 Presumption against Retrospectivity
4.2 Subordinate Principles
4.2.1 Statutes in Pari material
4.2.2 Interpretation of words
4.2.3 Ejusdem Generis
4.2.4 Noscitur a Sociis
4.2.5 Bonam Partem
4.2.6 Reddendo Singula Singuli
4.2.7 Legal Fiction
4.2.8 Construction of Disjunctive and Conjunctive words
Unit 5: Interpretation with reference to subject matter and purpose
5.1 Restrictive and Beneficial Construction
5.1.1 Taxing statutes
5.1.2 Penal Statutes
5.1.3 Welfare legislations
5.2 Interpretation of Directory and Mandatory provisions
5.3 Interpretation of Delegated Legislation
Unit 6: Principles of Constitutional Interpretation and Expiry and Repeal of Statutes
6.1 Principles of Constitutional Interpretation
6.1.1 Harmonious construction
6.1.2 Doctrine of Eclipse
6.1.3 Doctrine of Severability
6.1.4 Doctrine of colourable legislation
6.1.5 Doctrine of Pith and Substance
6.2 Expiry and Repeal of Statutes: Principles
6.2.1 Perpetual and Temporary Statutes
6.2.2 Effect of expiry of temporary statutes
6.2.3 Express and Implied Repeal of Statutes
6.2.4 General principles of Repeal
6.2.5 Consequences of Repeal
PSDA: Professional Skill Development Activities:
i. Reading the judgments of Supreme Court of India and High Courts to understand
interpretation of statutes
ii. Understanding and reading statutes and interpreting them
Mode of Transaction: Lecture method with the use of power point presentations
References:
th
1. Avtar Singh and Harpreet Kaur, Introduction to Interpretation of Statutes ( LexisNexis, 4
edition 2014)
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2. Langan, Maxwell on Interpretation of Statutes (LexisNexis, 12 edition 2010)
3. Justice G.P.Singh, Principles of Statutory Interpretation Including the General Clauses Act,
1897 with Notes (LexisNexis, 2012)
4. Vepa Sarathi, Interpretation of Statutes (Eastern Book Co., 2015 edition 2015)
5. K. P. Chakravarty, Interpretation of Statutes (Jain Book Agency, 3rd Edn. 2014)
6. M.P. Tandon, Interpretation of Statutes and Legislation (Allahabad Law Agency, 2015)
7. P.M. Bakshi, Statutory Interpretation of Statutes (Orient Publishing House, 1st Edn, 2008)
8. Jeremy Bentham, Bentham's Theory of Legislation: Being Principles de Legislation and
Traites de Legislation (Palala Press, 2016)
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