Interpretation is the process of court to solve the Chaos arising in the
statute. It is solved by using Internal aids and External aids. When the problem
or confusion is solved by the parts inside the statute then it is called
Internal aids. When internal aids fail to solve chaos, courts can turn to
external aids outside the statute. Judges refrain from giving personal opinions,
as they vary. If external aids are unavailable, it provides a valid reason for
the judgment, serving as valuable resources for courts to clarify legislative
intent.
Introduction:
Interpretation of statutes is the process to ascertain or determine the meaning
of the statutes and legal provision by the judiciary . This process done by the
court to ascertain the true expression , nature, meaning of the phrase or word
used in that provision. In that process the court examine in which situation and
for what purpose the provisions and the statute is made. And also examine the
other provisions in that statute. For this purpose Court use the Internal aids
and External aids. Internal aids means the court interpret the statute by the
aids which are available in the statute itself by the title of the statute,
preamble of the statute, marginal notes, headings, illustration, punctuation,
provision, schedules, saving clause, Exception.
External aids means the aids which are not available in the statute to ascertain
the meaning so the court may seek help from the external aids (outside the
statute) like dictionaries, objective of the statute, reason for the statute,
text books, constitute Debates and Discussion, legislative debates or speech,
Committee reports, foreign laws and decisions for understand the true meaning
and expression of the provision or phrase or word used in the statute. But the
court should be very careful when interpret the law because the court not
involve in the legislative field. Creating the law and changing it's provision
is the work of the legislature body so court not involve in that. Let us discuss
about this external aids briefly in this paper.
External Aids:
While interpreting the statutes court generally take the internal aids such as
preamble, headings etc.… which are available inside the statute to understand
the meaning. They also have the liberty to take the external aids. Other than
the internal aids to interpretation which is the part of the statute itself
other aids which are outside the statute are known as external aids such as
dictionaries, textbook, legislative history, practice judicial, administrative
and commercial.
Judges frequently turn to intrusive investigation to uphold
legislative intent, and a research-oriented pursuit of understanding the words
and provisions in statutes will be a continual and ongoing judicial endeavor.
For this purpose apart from the source of internal aids court will use the
outside the statute which is external aids.
External aids are one of the
judicial tools used to ascertain the actual meaning or solve the confusion in
the particular provision. This tool is used by the judiciary to solve the
problems arising from the meaning of the particular provision by using the
external judicial sources apart from that statute when the internal aids are not
enough to solve the Chaos in that provision.
However when there is a attempt to
canon of interpretation of statutes is like a journey through a jungle we have
to take note of everything which are related to that statute, relating the
current situation with that statute, effects of the statute, reason for
continuing that statute, public opinion about that statute, Background of that
statute and the main object of that statute. The Court examine these all sources
then if the court thinks, there is necessary for the changes in that statute
then it will changed by the proper procedure. And the court will clear the Chaos
arising by the particular provision in that statute for its meaning.
Dictionaries:
Words used in the statute can be interpreted by it's actual meaning. The problem
arise by the word can solve by it's ordinary sense. Dictionary is helpful
naturally to know the ordinary sense of the word. So the dictionary can be
consulted by the courts when there is a need to know the actual meaning of the
word. But using the dictionary the court must be careful because the dictionary
meaning of the word is not necessary be the true meaning of the word used in the
particular context. It is for the court to interpret the statute as best as it
may be. The court have no doubt when doing interpretation of statutes. The court
can assist themselves to discharge their duty with any literary help they can
find, the court can include the consultation of standard authors and
authoritative dictionaries.
Dictionaries give diverse meaning of the word. So it is difficult for the court
to choose the correct meaning for the word used in that provision. In that
circumstances the context in which word has been used becomes very important.
The court should always keeps in mind the context in which a word has been used
while choosing the correct meaning of the word. When the context make the
meaning of the word quite clear then it is unnecessary to search the particular
meaning out of the diverse meaning in the dictionaries. Let us advert to some of
the expressions of learned justices about this with their aspects.
In the words of Krishna Iyer. J., " Dictionaries are not dictators of statutory
construction, where the benignant mood of law, more emphatically, the definition
clause furnished a different denotation".
Lord Coleridge said " I am quite aware that dictionaries area not to be taken as
authoritative exponents of the meanings of the words used in Acts of Parliament,
but it is well-known rule of courts of law that word should be taken to be used
in their ordinary sense, and we are therefore sent for instruction to these
books."
Text Books:
Text books may be referred by the court to understand the true meaning of an
enactment. It is not necessary the view in that text book expressed the view of
the court. The court has the opinion to accept and reject the opinion expressed
in the text books. Text books like Manu, Yajnavalkya, Vijnaneswar, Jimutvahan
and Kautilya are frequently quoted by courts with approval. Text books are the
set of multi-disciplinary knowledge of past, present and future. In the most
famous
Kesavanada Bharati's case, there have been good extracts from our ancient
source of law. If the text book not contain the right expression of law, the
court have the discretion to reject that view. The courts normally would never
hesitate to reject the view of the text book when it is not express the right
meaning in the context.
Historical Background:
There will be a history, before the emergence of the word or concept or
provision in the law. To know the real and accurate and complete correct meaning
of the provision looking into the historical background or historical facts are
very important. The court has the liberty to look into the history of the law
and legislation.
The court can seek help form the other historical facts. When
it is the opinion of the court to look the historical fact is necessary to get
the true meaning of an enactment. The court may also consider whether an Act was
to change the law or to leave the law when it is undisturbed. In constructing
any enactment regards not only to the words used but also the history of the act
and reason for the act which led to it being passed. The subject matter of the
legislation which was dealing and the facts of the legislation existing at the
time of enactment is also consider to ascertain the object and purpose of the
Act.
The subject matter of the statute is not fully understood without knowing
the surrounding circumstances at that time. If there is any ambiguity arise in
any provision looking into the history at that particular time is very essential
because in that situation the provision mean something but now due to many
economic, technology and social changes that provision is quite complex to
understand the efficiency of the provision and for what purpose it is useful.
So
the historical facts, surrounding circumstances and the chain of the events
which is leading for the introduction of the bill are consider by the court.
Historical evolution of a provision in a statute is also useful to guide the
court to ascertain the true meaning of the provision. The court are free to look
into the earlier state of law to find the true meaning of the act or
legislation. This will help to understand the meaning and to solve the confusion
arising from the particular provision.
The supreme court stated that "History of legislation and other like external
sources may be looked into by a court in case of ambiguity."
In
Thomas vs. Lord Clanmoreis, it was held that "Construing any statute regard
must be had not only to the words used but to the history of the Act and the
reasons which lead to it being passed."
To understand the actual meaning we want to know the intention of the
legislature, the state of law and the judicial decisions handed down at that
time the statute was being passed are material matters to be consider to solve
the ambiguity. So the court in construing a statute refer to the history of the
time when it was passed.
Legislative history:
To know the true context in the past the courts used to look into the
legislative history of a statute. However, modern perspectives suggest that this
practice is impermissible for interpretation. Consequently, legislative debates,
reports of select Committees, and statements of objectives and reasons are
deemed inadmissible as aids to interpretation. The foundation of this rule
appears to be that whatever the legislators intended has already been
articulated through words. Moreover, any endeavor by legislators to sway courts
with their personal opinions must be opposed.
In
Kesavanand Bharati vs. State of Kerala, Sikri C.J. said that speeches made by
members of a legislature in the course of debates relating to an enactment of a
statute cannot be used as aids for interpreting any of the provisions of the
statute. He quoted with approval the famous lines that those who did not speak
may not have agreed with those who did; and those who spoke might differ from
each other. On the other hand, Justice Shelat, Grover, Jaganmohan Reddy, Palekar
and Mathew were of the opinion that speeches in the Constituent Assembly could
always be perused to find out the true intention of the framers of the
Constitution regarding interpretation of the Constitution of India. It seems
that this opinion is limited to the interpretation of the Constitution only and
does not apply to other statutes.
Parliamentary History:
English Practice:
The traditional English perspective holds that the intent of the parliament that
enacted the act should not be inferred from the parliamentary history of the
statute. English courts were reluctant to rely on Parliament or legislative
history or interpretation. The contemporary trends suggests that, in
interpreting statutes, there is a growing acceptance of considering
Parliamentary history with an open-mind approach.
Legislative records like Reports of legislative committees, Official
Communication of the Executive related for the enactment of the statute may
provide some help to understand the circumstances in the time of enacting the
statute. Since the draft contains the whole history of the discussion,
deliberation, reason and policy behind the provision that enact. This remembered
that these reasons leads to enact this provision or statute.
Indian Experience:
English Courts exclude the Parliamentary history as a aid for the statute. In
the beginning, our Apex Court accept the view of the English Court to exclude
the Parliamentary history in construction of a statute. But in case of certain
ambiguities, the Supreme Court to look into the Parliamentary history with some
limits. The Judicial dicta of our Constitutional courts guide us with the
following proposition:
- The intention of the Legislature is to be ascertained not only by the word, phrase, and language of the statute but also by the circumstances, social, political, and historical context existing at the time of the legislation.
- However, the legislative proceedings are not to be used as an aid to interpret the statute or its provision.
- At times, the reasons stated by the makers or framers of the enactment may be inconsistent with the facts existing at a given point in time, so the outdated reasons of the original makers who framed it may be discarded.
- The casual statements of the legislature at the time of discussion are not aids to interpret the statute, but the statements that moved the bill to be introduced must be referred to.
- Similarly, the report of the select committee is not legitimate material, so it cannot be used as an aid for interpreting the construction, such as finding the meaning of a word; here, the committee's report cannot be used as an aid because it cannot help to find the meaning of the word.
- The motives of the legislators are not used as an aid in finding the actual meaning of a particular provision or to understand the object of the statute.
In
A. K. Gopalan vs State of Madras, the Supreme Court while disallowing a
speech to be consider as an aid to interpretation, observed that "a speech made
in the course of the debate on a bill could at best be indicate of the
subjective intent of the speaker but it could not reflect the inarticulate
mental process lying behind the majority vote which carried the bill. Nor is it
reasonable to assume that the minds of all those legislators were in accord."
Foreign Judgement:
While dealing with the problem of interpretation of statutes we can take help
from some extrinsic aids. The Foreign decisions are one of the Extrinsic aids.
Law may be regional but the philosophy of law is Universal. Law is separate from
country to country but aim of the law is same in all country. The aim od the law
is provide justice to everyone without any discrimination but the rule and
procedure for that is vary foe different countries.
Based on their religion,
practices, believes it is different. But every countries law's aim is to provide
justice to their citizens. There is some substantial unity in the western
jurisprudence and our Indian jurisprudence. Indian jurisprudence is made by root
of the different countries law, has also absorbed the many popular essential
concepts of western thoughts.
We notice that using the foreign court's decisions
in our Indian cases without neglect the core content of the Indian
jurisprudence. We find very often quotes of foreign decision in Indian cases but
the prime importance is given for the Indian statutes, under which circumstances
and conditions they are enacted. No doubt, there is a element of risk in taking
assistance from the foreign decisions. Foreign decisions are not "compelling
decisions" for us but they are consider as "persuasive decisions".
In the pre-constitution period, it was common practice to refer the English
decisions. There is no doubt when there is ambiguity arise in any particular
provision in the Indian law, English law and precedents has been of valuable
assistance.
The Indian Courts are obliged to consider the following factors while
considering foreign precedents:
- Link of the English Common Law and Jurisprudence.
- Similarity of political thought.
- The use of English language as authoritative text of Indian statutes.
Purpose of the Act:
It is the duty of the court to view the intention of the legislature and
carefully examine the scope of the statutes. No further effect should be given
to a statute than its words, so it is necessary to know the purpose of the
statute for any interpretation. Before Interpretation the court must look
through the purpose of the statute or Act because when there is any ambiguity
arise in the Statute it is not only cleared by the meaning of the word or any
foreign decisions because the purpose of the statute says the clear and actual
use of the statute and words used in that statute. To determine the purpose of
the legislature we must look into the circumstances at that time when the law
was passed and reason of the Bill to enact it will help to solve the problem
arising from the Statute.
Conventions And Practices:
Sir Ivor Jennings says, "Constitutional conventions are broadly defined as rules
of political practice which are regarded as binding by those to whom they apply
but which are not laws as they are not enforced by the Courts. But they may be
an aid to construction, but not positive rule of law breach of which is
remediable action."
In
S. P. Gupta vs. Union of India, the Supreme Court observed that where a
constitution has worked for a reasonably long time convention which ground up
relevant to the constitutional provisions or the constitutional practice can be
a torch-bearer in ascertaining the intendment of the provisions because area
period has been so understood and worked that it can be safely said that it was
correctly and wisely understood and accurately applied."
Though administrative practice are not consider as a aid to interpretation
generally, but occasionally it has been given weight by the court. On the other
hand, Court give much respect to the eminent conveyancers. Commercial practice
also called as an important aid to interpretation.
In
State vs. Chhadami Lal, while interpreting Section 208 of the Code of
Criminal Procedure, 1898, the Allahabad High Court held that in case of a clash
between a law and an Administrative practice, the law is bound to prevail.
But in
Manik Chand vs. State, the Calcutta High Court, while interpreting the pharse police report appearing in Section 207 and 208 of the Code of Criminal
Procedure, 1898, held that it means a report made by the investigation officer
under Section 173 of the Code as has been recognized by the administrative
practice.
Conclusion:
Over all the External Aids are used to easily understand the particular
provision or context or phrase in the statute or legislature when ambiguity is
arise. It provide the valuable guidance to understand the meaning of the word
and intention of the statute. External aids help to resolve the problem when it
is not solved by using the internal aids. External aids are utilized by courts
and legal professional to understand the reason of the particular provision and
avoid the confusion regarding the meaning of the words or phrase or provision in
the statute.
Reference:
- The Interpretation of Statutes – Proof . T. Bhattacharyya
- Interpretation of Statutes – Dr . Ravulapati madhavi
- Interpretation of statutes – M.P. Tandan
- The Book of Interpretation of Statutes - R.D. Srivasta
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