Marginal notes

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. Let’s discuss how are marginal notes useful in interpretation of statute and its construction?

Marginal notes:

Marginal notes are the notes that are printed at the side of the section in an Act and it summarizes the effect of the section. They are not part of the statute. So they must not be considered. But if there is any ambiguity they may be referred only as an internal aid to the construction.

In England, the disposition of the Court is to disregard the marginal notes. In our country the Courts have entertained different views. Although opinion is not uniform, the weight of authority is in favour of the view that the marginal note appended to a section cannot be used for construing the section.

In the older statutes marginal notes were not inserted by the legislature and hence were not part of the statute and could not be referred to for the purpose of construing the statute. If they are also enacted by the legislature they can be referred to for the purpose of interpretation. 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. If the words used in the enactment are clear and unambiguous, the marginal note cannot control the meaning, but in case of ambiguity or doubt, the marginal note may be referred to.

There can be no justification for restricting the contents of the section by the marginal note. The marginal note cannot affect the construction of the language used in the body of the section if it is otherwise clear and ambiguous. The marginal heading cannot control the interpretation of the words of the section particularly when the language of the section is clear and unambiguous. Where the language is clear and can admit of no other meaning, the marginal note cannot be read to control the provisions of the statute. Marginal notes in an Indian statute, as in an Act of Parliament cannot be referred to for the purpose of construing the statute. Although a marginal note may not be determinative of the content of the provision, it may act as an intrinsic aid to construction.

Marginal notes appended to the Articles of the Constitution have been held to constitute part of the Constitution as passed by the Constituent Assembly and therefore, they have been made use of in consulting the Articles, e.g. Article 286, as furnishing prima facie, “some clue as to the meaning and purpose of the Article”.

Judgments:

Thakurain Balraj Kunwar v. Rao Jagpatpal Singh (1904) ILR 26 All 393 (PC): In this case it was observed that it is well settled that marginal notes to the sections of an Act of Parliament cannot be referred to for the purpose of construing the Act.

In Wilkes v Goodwin, the Court held that the side notes are not part of the Act and hence marginal notes cannot be referred.

The Privy Council in Balraj Kumar v. Jagatpal Singh, (1904) 26 All. 393, has held that the marginal notes to the sections are not to be referred to for the purpose of construction.

The Supreme Court in Western India Theatres Ltd. v. Municipal Corporation of Poona, (1959) S.C.J. 390, has also held that a marginal note cannot be invoked for construction where the meaning is clear.

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