Written by: Midhuna M Pillai, 7th Semester, B.A. LL.B, NSS Law College Kottiyam, Kollam, Kerala
Introduction
Interpretation is the process which is employed by the Judiciary to determine the meaning of a statute and statute is the law passed by the legislature.
Aids to Interpretation of Statute
Aid is the tool used to interpret a statute. It is classified into two heads.
1. Intrinsic aid / Internal aid
2. Extrinsic aid / External aid
Intrinsic aid / Internal aid of a Statute
They are the parts of statute and they exist within the statute itself.
Long title, Short title, preamble, extend and commencement, definition clauses, illustrations, headings, explanations, provisos, exceptions and saving clauses are some of the internal aids to interpretation of statute.
Proviso
In some sections of a statute after the main provision is spelled out, a clause is added with an opening word “provided that” and that word which start with the word “ provided that” is called Proviso.
A Proviso is a clause which is added to the statutory provision in order to qualify/limit the operation of main section. A Proviso is normally used to remove special cases from the general enactment. The Provisos qualifies the generality of the main enactment by taking out from main provision a portion which would be a part of main provision.
The main function of a provision is to except and deal with a case which would otherwise fall within the general language of the enactment.
Case Laws
J.K. Industries Ltd V. Chief inspector of Factories & Boilers [AIR 1996 6 SCC 665]
Sc held that, while interpreting in the provision of a statute, the court would carefully scrutinize and find out the real object of the proviso appended to that provision.
Karnataka State Road Transport Cooperation V. Rajeev Alwa [AIR 1987] A Proviso cannot be used to enlarge the scope of principal section.
Simbu V . State of Haryana [AIR 2014]
Sc held that, proviso should be constructed in relation to main provision. Vishesh Kumar V. Shanthi Prasad [AIR 1980]
Sc held that, provision cannot be permitted by construction to defeat the basic internal expressed in the substantive provision.
Exceptions
Exceptions are generally added to the main enactment with the purpose of exempting something which would otherwise fall within the ambit of main provision.
Where a general intention is expressed in an act, which also expresses a particular intention, which is incompatible with the general intention. The particular intention must be considered an exception.
If an exception is repugnant to the operative part of the section it must be ignored, whereas a repugnant proviso might repeat the proceeding enactment.
It maybe referred to for the purpose of constructing the enacting provision. It must be construed strictly and strongly against the party trying to take benefit.
Case Law
Collector of Customs V. Modi Rubber Ltd [AIR 1999]
Sc held that, whenever there is a provision in the nature of an exception to the principal clause, there of, it must be constructed with regard to the principal clause.
Saving Clause
If an act is passed to repeat and earlier act, a saving clause is added in the new act to the protect the right which would be lost.
A saving clause is an exception of a special thing out of general thing mentioned in a statute. In legal instrument, it is a clause exempting something which might otherwise be subjected to the operation of the instrument in an act of parliament
It does not confer any new right, it only protect rights from immediate destruction.
Saving clause in a CrPc
S.484 :- saves all proceedings, actions, decisions taken under the provisions CrPc,1898 S.485 :- Preserves the effect of sanctions and approvals granted under the provisions code. S. 486 :- Saves the power of the high court and sessions court to make rules and orders. Saving clause under CPc
S.159 :- Saves All suits, appeals and proceedings pending at the time of amendment. S.214 :- Saves the power of courts to makes rules and orders.
Saving Clauses under Constitution
Article 31A, 31B, 31C
9th Schedule
∙ Bihar land Reforms Act, 1950
∙ The Railway Companies [Emergency provisions] act, 1951
∙ The Bombay Khoti Abolition Act, 1950
Case Law
Punjab Province V. Daulat Singh
Conclusion
Interpretations refers to the understanding of words and the true sense of a legal text. Although, if any doubt arise from the terms employed by the legislature, it has always been held a safe means of collecting the intention to call in aid the ground. Internal aids offer in rights into the context, scope and application of statutory provisions.
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