Interpretation of Statutes: Short Q and A: Part 5

Vande Matram! Interpretation of Statute is very important skill which every law professional must possess. Hence it is incorporated in the degree course of law. This article is the collection of the short questions and answers on the interpretation of statutes.

 

Interpretation of Statutes: Short Q and A: Part 5

 

41) Can title control the express meaning of the enactment?

Ans. No, the title cannot control the express operative provision of the enactment.

42) On what basis can a true nature of an enactment be determined?

Ans. The true nature of any such enactment has always to be determined on the basis of its substance and its operative provisions.

43) What are the functions of the preamble of the Constitution of India?

Ans. The true functions of the Preamble are to expound the nature and extent and application of the powers actually confirmed by the Constitution and not substantially to create them.

44) Why marginal notes of the Constitution of India are referred to interpret the Articles?

Ans. In the case of the Indian Constitution, the marginal notes have been enacted by the Constituent Assembly and hence they may be referred to for interpreting the Articles of the Constitution.

45) What are the punctuations?

Ans. ‘Punctuation’ means to mark with points and to make points with usual stops. It is the art of dividing sentences by point or mark.

46) Why a proviso is added in an enactment?

Ans. A proviso 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.

47) What purposes are served by the proviso?

Ans. 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 in order 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.

48) What is a non-obstante clause?

Ans. A section sometimes begins with the phrase ‘notwithstanding anything contained etc.’ Such a clause is called a non obstante clause.

49) What is the purpose of the non-obstante clause?

Ans. General purpose of a non-obstante clause is to give the provision contained in the non obstante clause an overriding effect in the event of a conflict between it and the rest of the section.

50) What are the external aids of construction and interpretation of statute?

Ans. The history of legislation, the enactments which are repealed, the parliamentary debates, dictionary commentaries etc. are the external aids to construction.

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