INTERPRETATION OF STATUTES
MODULE 04
Dr. Pandhare Balasaheb Dashrath
LL.M. Ph.D
Module 04 Internal Aids to Construction:
1. Preamble
2. Definition
3. Sections
4. Heading
5. Marginal notes
6. Punctuation marks
7. Illustrations
8. Proviso
9. Explanation
10. Schedule
AIDS TO INTERPRETATION
An Aid refers to a tool or device which provides guidance and
help in the process of interpretation of a statute, the courts can seek
help from internal/intrinsic aids to interpretation (Present within
statutes) or external/extrinsic aids to interpretation (Present outside
the statutes).
1. Preamble
Preamble serves as an introductory statement which is followed by
the title and preceded by the enacting clause.
Preamble puts forth the scope, object, and purpose of a statutory
Act in a more elaborate manner in comparison to the Long Title.
The preamble is not regarded as a part of the enactment.
However, the Preamble of the Constitution of India has been
declared to be a part of the Constitution.
During the application stage of interpretive rules, Preamble
provides a good clue for discovering what that object was.
It is a key to open the mind of the legislature but cannot be
applied to control or qualify the precise and unambiguous language of
the statute in question.
In the case of Arnit Das vs State of Bihar, (2001) 2 SCC (Jour) 9 it
was stated that, “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 unlocking 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."
2. Definition
Interpretation Clause is also known as „Definition section‟.
It acts as a vital aid to ascertain the intention of the legislature.
Legislature often provides certain definitions to remove
ambiguity/confusion and to extend the general meaning of the
words, phrases, or sentences in question.
It means a statement that serves the purpose of explaining the
meaning, nature, and content of something which is being
defined/described by a person, in a precise and articulate way.
Justice Khanna, in the landmark case Indira Nehru Gandhi v Shri
Raj Narain & Anr 1975 AIR 2299 stated that “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.”
The definition may be of the following types: -
i. Exhaustive Definition – It is a restrictive definition which means
there is nothing that can be included in the meaning beyond what
has been stated. The words „means‟ and „means and includes‟
indicate such a definition.
ii. Inclusive Definition – Here, the definition of the word has the
scope and ambit to go beyond what has been stated. The words
„include‟, „to apply to and include‟ and „so deemed to include‟
indicate such definition.
iii. Exclusive Definition - When a definition excludes certain
things from its ambit, it is the exclusive definition.
A definition is not to be read in isolation. It must be read in the
context of the phrase which it defines, realising that the function of
a definition is to give precision and certainty to a word or a phrase
which would otherwise be vague and uncertain but not to contradict
or supplement it all together.”
“When a word is defined to bear a number of inclusive meanings,
the sense in which the word is used in a particular provision must
be ascertained from the context of the scheme of the Act, the
language, the provision, and the object intended to be served
thereby.
Headings:
It is known that the Headings prefixed to a section or group of
sections can be used to construe enactments.
The headings prefixed to a section or group of sections, as is the
case in some modern statutes is considered as the preamble to those
sections.
In a scenario where the language of a particular section of an Act
is plain, it is not mandatory to have recourse to the general heading.
The heading is incapable of cutting down the express meanings
of the words.
In Frick India Ltd. vs Union of India, AIR 1990 SC 689 it was
stated that “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”
Marginal Notes:
Under the general circumstances, Marginal Notes are not to be
referred for construction or interpretation unless they have been
inserted in the Act/Statute with the permission and consent of the
legislature. When an ambiguous situation arises, Marginal Notes
can be treated as an aid to Interpretation and can be referred to.
However, it cannot impose limitations on the meaning of the
enacted clauses.
Punctuation:
Punctuation refers to a mark, such as a full stop, comma, etc.
which are used in the process of writing for separation of sentences
and elements and to clarify their meaning.
As per the traditional approach, punctuation cannot be used for the
interpretation of an Act.
In a similar manner to the aforementioned aids, they can also be
put to use only in those cases where the meaning is ambiguous
In the case of Maharani of Burdwan vs Murtunjoy Singh (1887)
14 Cal 365 , Privy Council observed that it was erroneous to rely on
punctuation in the process of construing or interpreting the Act of
Legislature.9
In the case of Ashwini Kumar vs Arbinda Bose, AIR 1952 SC
369 it was stated that, “…..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 the statute.”
Illustrations:
Illustrations appended or added to a particular section form part
of the statute although they form no part of the section.
They have high relevance and value when it comes to the
construction or interpretation of the text of the section.
An Illustration cannot breach the scope of the section.
An Illustration cannot limit or extend the scope of the text.
An Illustration can be rejected if it is repugnant to the section
itself.
In the case of Shambhu Nath Mehra v State of Ajmer AIR 1956
SC 404 it was observed by the Court that, “An illustration does not
exhaust the full content of the section which it illustrates but it can
neither curtail nor expand its ambit.”
Proviso:
The proviso is a qualification of the just preceding enactment which
is made or expressed in terms that are pretty general to be quite
accurate.
It 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.
It does not exceed beyond the boundaries of the provision to which it
is a proviso.
In a case where the proviso is directly repugnant to a particular
section, the proviso shall stand and will be held as a repeal of the
section as the proviso represents the latter intention of the legislators.
The proviso is considered subordinate to the primary section. A
proviso does not go on to enlarge the enactment except in case of
compelling reasons.
In the case of State of Punjab & Anr. vs Ashwani Kumar & Ors it
was held that “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”.
In the case of S. Sundaram Pillai vs VR. Pattabiraman 1985 AIR
582 it was held that “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
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.”
Explanation:
It forms part of the enactment and it serves the purpose of explaining
the meanings of the words and phrases present in the enacting clauses.
It also provides clarity to the meaning beyond any dispute. In the
case, S. Sundaram Pillai vs V.R. Pattabiraman objects of
explanations was laid down and they were,
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 to make it consistent with the dominant object which
it seems to subserve;
c. to provide additional support to the dominant object of the Act to
make it meaningful and purposeful;
d. an Explanation cannot in any way interfere with or change the
enactment or any part thereof.
Schedule:
It provides help in working on an enactment properly and it is a part
of the enactment. When the meaning of an enactment is ambiguous
help can be taken from the schedule to ascertain or determine the
meaning. In Ellerman Lines Ltd. vs 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.”38
In the case of Kallu vs Munna, 1968 ALJ 223 it was held that “in
case of an ambiguous enactment schedule is a legitimate aid to
construction.”
In Aphali Pharmaceuticals Ltd. vs State of Maharashtra 1989
AIR 2227 it was held that “in case of a conflict between the body of
the Act and the schedule, the former prevails.”
