Interpretation of Statutes: Short Q and A: Part 4

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 4

 

31) Which section of the General Clauses Act, 1897 provides for the definition of ‘act’?

Ans. Section 3(2) of the General Clauses Act, 1897.

32) Which section of the General Clauses Act, 1897 provides for the definition of ‘affidavit’?

Ans. Section 3(3) of the General Clauses Act, 1897.

33) Is swearing allowed in affidavit?

Ans. No, affidavit is to be given instead of affidavit.

34) What is included in an affidavit?

Ans. An affidavit includes an affirmation and a declaration made by a person regarding his case.

35) Where is affidavit used?

Ans. An affidavit is used along with witness statements to prove the truthfulness of a certain statement in court.

36) What are considered as the internal aids for interpretation of statute?

Ans. The preamble, title, heading, marginal notes, punctuation, illustrations, definitions, proviso, explanation etc. are considered as internal aids for interpretation of statute.

37) Which thing is not a part of an enactment but it is written with the enactment?

Ans. Preamble is not a part of an enactment but it is part of an Act.

36) How preamble is recital to the intention of the legislature?

Ans. Preamble is a recital to the intent of the legislature as it enumerates the mischief to be remedied.

37) What are the main guidelines to interpret the Indian Constitutional provisions?

Ans.  In India, it is well settled in the field of constitutional law that the preamble to the Constitution of India and Directive Principles of State Policy are the guidelines for interpreting the constitutional provisions.

38) Which title provides for the object, scope or purpose of the enactment?

Ans. The long title is taken along with the preamble or even in its absence is a good guide regarding the object, scope or purpose of the Act.

39) Is short title useful in construction of statute?

Ans. No, the short title being only an abbreviation for purposes of reference is not a useful aid to construction.

40) Can title override the clear meaning of the enactment?

Ans. No, the title of the enactment cannot override the clear meaning of the enactment.

 

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