Parliamentary History – Facts and circumstances

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 is the history of an enactment used to interpret a statute?

Parliamentary History – Facts and circumstances:

The surrounding circumstances and situations which led to the passing of the Act can be considered for the purpose of construing a statute. The Court has now veered to the view that legislative history within circumspect limits may be consulted by Courts in resolving ambiguities.

It has already been noticed that the Court is entitled to take into account “such external or historical facts as may be necessary to understand the subject-matter of the statute”, or to have regard to “the surrounding circumstances” which existed at the time of passing of the statute. Like any other external aid, the inferences from historical facts and surrounding circumstances must give way to the clear language employed in the enactment itself.

In order to arrive at the intention of the legislature, the state of law and judicial decisions antecedent to and at the time the statute was passed are material matters to be considered. Evidence of matters relating to such surrounding circumstances and historical investigation of which judicial note can be taken by court, including reports of select committees and statements of objects and reasons, can be resorted to for ascertaining such antecedent law and for determining the intention of the legislature.

Moreover, plain words in the statute cannot be limited by any considerations of policy. An erroneous assumption by the legislature as to the state of the law has no effect and would not become a substantive enactment. In the construction of a statute the worst person to construe it is the person who is responsible for its drafting. Courts sometimes make a distinction between legislative debates and reports of committees and treat the latter as a more reliable or satisfactory source of assistance. The speeches made by the members of the House in the course of the debate are not admissible as external aids to the interpretation of statutory provisions.

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