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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Headings

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 headings of sections useful in interpretation of statute and its construction?

Headings:

In different parts of an Act, there is generally found a series or class of enactments applicable to some special object, and such sections are in many instances, preceded by a heading.

The view is now settled that the Headings or Titles prefixed to sections or group of sections can be referred to in construing an Act of the Legislature. But conflicting opinions have been expressed on the question as to what weight should be attached to the headings. “A Heading”, according to one view, “is to be regarded as giving the key to the interpretation of the clauses ranged under it, unless the wording is inconsistent with such interpretation; and so the headings might be treated “as preambles to the provisions following them.”

A group of Sections are given under a heading which act as their preamble. Sometimes a single section might have a preamble e.g. S.378-441 of IPC is “Offences against property”. Headings are prefixed to sections. They are treated as preambles. If there is ambiguity in the words of a statute, headings can be referred.

Recently the Supreme Court expressed itself as follows: “It is well settled that the headings prefixed to sections or entries (of a Tariff Schedule) cannot control the plain words of the provisions; they cannot also be referred to for the purpose of construing the provision when the words used in the provision are clear and unambiguous; nor can they be used for cutting down the plain meaning of the words in the provision. Only in the case of ambiguity or doubt the heading or sub-heading may be referred to as an aid in construing the provision but even in such a case it could not be used for cutting down the wide application of the clear words used in the provision.”

In Durga Thathera v Narain Thathera, the court held that the headings are like a preamble which helps as a key to the mind of the legislature but do not control the substantive section of the enactment Thanks for reading till the end. Please share this blog.

In this regard, the Madhya Pradesh High Court in Suresh Kumar v. Town Improvement Trust, AIR 1975 MP 189, has held: “Headings or titles prefixed to sections or group of sections may be referred to as to construction of doubtful expressions; but the title of a chapter cannot be used to restrict the plain terms of an enactment”.

Conclusion:

The heading prefixed to sections or sets or sections in some modern statutes are regarded as preambles to those sections. They cannot control the plain words of the statute but they may explain ambiguous words.

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Preamble

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 preamble of an enactment is useful in interpretation of statute and its construction?

Preamble

Preamble is a recital to the intent of the legislature as it enumerates the mischief to be remedied. By a long catena of decisions, it is now well settled that preamble is not a part of enactment. 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.

Whenever there is a reasonable doubt about the provisions in the statute, it is permissible to refer to the heading of the provision for interpreting the section.

The preamble of a statute like the long title is a part of the Act and is an admissible aid to construction. Although not an enacting part, the preamble is expected to express the scope, object and purpose of the Act more comprehensively than the long title. It may recite the ground and cause of making the statute, the evils sought to be remedied or the doubts which may be intended to be settled.

In the words of Sir John Nicholl, “It is to the preamble more specifically that we are to look for the reason or spirit of every statute, rehearsing this, as it ordinarily does, the evils sought to be remedied, or the doubts purported to be removed by the statute, and so evidencing, in the best and most satisfactory manner, the object or intention of the Legislature in making or passing the statute itself.

Preamble to constitution:

The Preamble of the Constitution like the Preamble of any statute furnishes the key to open the mind of the makers of the Constitution more so because the Constituent Assembly took great pains in formulating it so that it may reflect the essential features and basic objectives of the Constitution. The Preamble is a part of the Constitution. The Preamble embodies the fundamentals underlining the structure of the Constitution.

It was adopted by the Constituent Assembly after the entire Constitution has been adopted. The true functions of the Preamble is to expound the nature and extent and application of the powers actually confirmed by the Constitution and not substantially to create them.

The Constitution, including the Preamble, must be read as a whole and in case of doubt interpreted consistent with its basic structure to promote the great objectives stated in the preamble. But the Preamble can neither be regarded as the source of any substantive power nor as a source of any prohibition or limitation. The Preamble of a Constitution Amendment Act can be used to understand the object of the amendment.

The majority judgments in Keshavanand and Minerva Mills strongly relied upon the Preamble in reaching the conclusion that the power of amendment conferred by Article 368 was limited and did not enable Parliament to alter the basic structure or framework of the Constitution.

Judgments:

Burakar Coal Co. Ltd. v. Union of India, AIR 1961 SC pp.954, 956, 957

In this case the Supreme Court observed: “It is one of the cardinal principles of construction that where the language of an Act is clear, the preamble may be resorted to explain it. Again, where very general language is used in an enactment which, it is clear must be intended to have a limited application, the preamble may be used to indicate to what particular instances, the enactment is intended to apply. We cannot, therefore, start with the preamble for construing the provisions of an Act, though we could be justified in resorting to it, nay, we will be required to do so, if we find that the language used by Parliament is ambiguous or is too general though in point of fact parliament intended that it should have a limited application.”

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Long title and short title

 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 about how a title can be used to interpret the statute?

Long title and short title:

It is now settled that Long Title of an Act is a part of the Act and is admissible as an aid to its construction. The long title which often precedes the preamble must be distinguished with the short title. 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. The short title being only an abbreviation for purposes of reference is not a useful aid to construction.

The title although part of the Act is in itself not an enacting provision and though useful in case of ambiguity of the enacting provisions, is ineffective to control their clear meaning. In earlier English cases, it was observed that the title is not a part of the statute. The title of the enactment cannot override the clear meaning of the enactment. Title cannot control the express operative provision of the enactment.

Judgments:

Aswinikumar Ghose v. Arabinda Bose, AIR 1952 SC pp.369, 388

While dealing with the Supreme Court Advocates (Practice in High Courts) Act, 1951, which bears a full title thus ‘An Act to authorise Advocates of the Supreme Court to practise as of right in any High Court, S. R. DAS, J., observed: “One cannot but be impressed at once with the wording of the full title of the Act. Although there are observations in earlier English cases that the title is not a part of the statute and is, therefore, to be excluded from consideration in construing the statutes, it is now settled law that the title of a statute is an important part of the Act and may be referred to for the purpose of ascertaining its general scope and of throwing light on its construction, although it cannot override the clear meaning of the enactment.

Manoharlal v. State of Punjab, AIR 1961 SC pp.418, 419,

The long title of the Act – on which learned counsel placed considerable reliance as a guide for the determination of the scope of the Act and the policy underlying the legislation, no doubt, indicates the main purposes of the enactment but cannot, obviously, control the express operative provisions of the Act.

Amarendra Kumar Mohapatra & Ors. v. State of Orissa & Ors., (2014) 4 SCC 583

In this case the Supreme Court has held that: “The title of a statute is no doubt an important part of an enactment and can be referred to for determining the general scope of the legislation. But the true nature of any such enactment has always to be determined not on the basis of the title given to it but on the basis of its substance.”

M.P.V. Sundararamier & Co. v. State of A.P., AIR 1958 SC 468

In this case the Supreme Court was considering whether the impugned enactment was a Validation Act in the true sense. This Court held that although the short title as also the marginal note described the Act to be a Validation Act, the substance of the legislation did not answer that description. The Supreme Court observed: “It is argued that to validate is to confirm or ratify, and that can be only in respect of acts which one could have himself performed, and that if Parliament cannot enact a law relating to sales tax, it cannot validate such a law either, and that such a law is accordingly unauthorised and void. They only basis for this contention in the Act is its description in the short title as the ‘Sales Tax Laws Validation Act’ and the marginal note to Section 2, which is similarly worded. But the true nature of a law has to be determined not on the label given to it in the statute but on its substance. Section 2 of the impugned Act which is the only substantive enactment therein makes no mention of any validation. It only provides that no law of a State imposing tax on sales shall be deemed to be invalid merely because such sales are in the course of inter-State trade or commerce. The effect of this provision is merely to liberate the State laws from the fetter placed on then by Article 286(2) and to enable such laws to operate on their own terms.”

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Effect of repeal of a statute

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 understand effect of repeal of a statute.

Effect of repeal of a statute:

Society is never static but always dynamic and change is the supreme law of every society. To keep pace with this trend, every legislature responds to changing social, economic, political and other conditions through the instrumentality of enacting new laws or repealing the existing laws with reference to change in the society. In India, the parliament is competent, in its plenary powers, not only to introduce a new law but also to repeal it by another enactment or to revive or re-enact legislation which had already expired by lapse of time.

Meaning of repeal:

Repeal is the abrogation or destruction of law by legislative enactment. Substitution of one legal provision by another is in fact repeal.

The repeal of an enactment may be partial or total. It is total repeal when a statute is abrogated in its entirety and partial when there is abrogation or modification of a provision of a statute only. Repeal may be either express or implied. It is express when declared in direct terms and implied when the intention to repeal is inferred from subsequent contradictory or inconsistent legislation.

The meaning of the word ‘repeal’ is extended to be comprehensive enough to include amendment, omission, insertion, substitution, addition and re-enactment.

Effect of repeal under the General Clauses Act:

Whenever there is a repeal of a statute, the consequences laid down in section 6 of the General Clauses Act, 1897 shall follow unless a different intention can be presumed from the repealing statute. Section 6 of The General Clauses Act, 1897 is applicable whether it is repeal or amendment and there is no reason for giving any different effect to these two methods which achieve the same result.

A statute providing no fixed time for its duration is a perpetual statute. A perpetual statute is not perpetual in the sense that it cannot be repealed or amended by the legislature; it is perpetual in the sense that it is not decimated or abrogated by the expiry of time. As a result, whenever a perpetual statute is repealed, the effect as provided by sec. 6 of the General Clauses Act would follow.

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Meaning, Scope and objective of construction of statutes

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 understand meaning, scope and objective of construction of statute.

Meaning, Scope and objective of construction of statutes:

Meaning:

Rules of construction or statutory construction is the process of determining how the provisions of the general law relate to a specific legal case, and distinguishes the rules of statutory interpretation from other rules or aids for the interpretation of law in common law jurisdictions. Rules of construction has also been defined as "the drawing in inference by the act of reason, as to the intent of an instrument, from given circumstances, upon principles deduced from men's general motives, conduct and action. Statutory construction is the process of determining what a particular statute means so that a court may apply it accurately.

Objective and Scope of Construction:

A judge usually makes a construction of an unclear term in a document at issue in a case that involves a dispute as to its legal significance. The judge examines the circumstances surrounding the provision, laws, other writings, verbal agreements dealing with the same subject matter, and the probable purpose of the unclear phrase in order to conclude the proper meaning of such words. Once the judge has done so, the court will enforce the words as construed. However, for language that is plain and clear, there cannot be a construction.

A regular pattern of decisions concerning the application of a particular provision of a statute is a rule of construction that governs how the text is to be applied in similar cases. In the construction of the statutes, words and phrases shall be construed according to the commonly approved usage of the language; and technical words and phrases, and such as have acquired a peculiar and appropriate meaning in the law, shall be construed and understood accordingly.

Construction refers to the drawing of conclusions of the legal text that lie beyond the direct expression of the legal text. All other forms of constitutional and statutory analysis come under construction. Construction takes place when the meaning of the text is unclear, ambiguous and is challenged. When the use of the literal meaning of the legal text creates ambiguity, construction helps to find out if the case can be covered under it or not. Golden rule, Rule of harmonious construction and mischief rule are the main principles of construction.

Construction is when the meaning is applied to particular factual circumstances. Construction tries to conclude it. Through construction, one can discover the legal effect of the legal text. Construction creates additional rules to resolve the vagueness. Construction is a method of interpretation where the words are interpreted vigorously and literally. Construction of legal text has to be done as a whole.

On the other hand, construction is used to ascertain the legal effect of the legal text. Construction is used when the legal text exhibits ambiguous meaning and the court has to decide whether the words used in the legal text covers the case or not. Construction has broad scope. Construction may include interpretation. Construction has legal effect.

Conclusion:

In law, construction is the process of legal explanation which makes sense of difficult and hard terms written in statutes and gives a conclusion based on logic and reasoning. A court extracts findings after inspecting the meaning of the words used in the text. The aim of construction is to establish the legal effect of the legal text. The basic principle of construction is to read the text, laws or statutes in a literal manner.

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Difference between interpretation and construction of Statute

 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 understand difference between interpretation and construction of Statute.

Difference between interpretation and construction of Statute

The key differences between interpretation and construction have been enumerated below:

Interpretation of Statutes	Construction of Statutes
Interpretation refers to the understanding of words and the true sense of a legal text.	Construction refers to the drawing of conclusions of the legal text that lie beyond the direct expression of the legal text.
Interpretation takes place when we want to find the original meaning of a legal text.	All other forms of constitutional and statutory analysis come under construction.
Interpretation takes place when the meaning of the legal text is clear and unambiguous so that it can be interpreted.	Construction takes place when the meaning of the text is unclear, ambiguous and is challenged.
The main function of interpretation is to find out the simple and real meaning of the legal text.	When the use of the literal meaning of the legal text creates ambiguity, construction helps to find out if the case can be covered under it or not.
Interpretation deals with identifying the semantic meaning of a particular use of language in context.	Construction is when the meaning is applied to particular factual circumstances.
Interpretation finds out the ways through which any statute can be analysed.	Construction tries to conclude it.
Through interpretation, one can find out the linguistic meaning in the context of a legal text.	Through construction, one can discover the legal effect of the legal text.
Interpretation rules out ambiguity.	Construction creates additional rules to resolve the vagueness.
Interpretation can be regarded as a broad form of construction as to how one construes a legal text.	Construction is a method of interpretation where the words are interpreted vigorously and literally.
Interpretation of a legal text can be done partly	Construction of legal text has to be done as a whole.
Interpretation helps in determining the real meaning and intention of the legislature.	On the other hand, construction is used to ascertain the legal effect of the legal text.
Interpretation is used when the Court complies with simple meaning of the legal text.	Construction is used when the legal text exhibits ambiguous meaning and the court has to decide whether the words used in the legal text covers the case or not.
Interpretation has limited scope.	Construction has broad scope.
Interpretation does not include construction.	Construction may include interpretation.
Interpretation does not have any legal effect.	Construction has legal effect.
e.g. Literal rule.	e.g. golden rule, mischief rule.
Courts may interpret the statute.	Elected members are free to construe the statute.

 

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