INTERPRETATION OF STATUTES

The book is a comprehensive commentary on interpretation of statutes and the principles governing it. The revised edition consists of 4 Parts and 19 Chapters. Some of the key features of the revised edition are: Radically revised and updated without losing its vintage flavor
• Landmark case law, of both Indian and Foreign jurisdictions, have been included
• Cases that illustrate the application of the rules of interpretation have been set out in tabular form,making the book very user friendly
• Important legal maxims have been explained in simple language
• Judicial interpretation of legal maxims has been presented in tabular form
• Contemporary issues have been highlighted, including the implications of the recent ruling of the SC onS. 377 of the IPC (the Naz foundation case)

Contents Preface to the Eleventh Edition vPreface to the Tenth Edition ixPreface to the Ninth Edition xvPreface to the First Edition xviiTable of Cases xxxviiPART ITHE INSTITUTIONAL REGIMEOF INTERPRETATIONCHAPTER 1Law Making Roles of the Legislature and the JudiciaryLawmaking is the domain of the Legislature 7Cases illustrating various Interpretative Techniques 12Limits on the judiciary while performing the interpretative role 20Modification of the Language of the Statute 20Policy of a statute and limits on interpretation 22Interpretation as Complementary Law Making 22Reconstructing and Constructing the Law 29Conclusion 34CHAPTER 2Relation between the Executive and the LegislatureIntroduction 66What is Delegated Legislation? 66Limits on Delegated Legislation and Excess Delegation 67Scope of Court’s Scrutiny in Delegated Legislation 71Forms of Subordinate Legislation 74Colonial Legislation 74Executive 74 Judicial 75Municipal 75Autonomous 75Validity of Rules, Regulations and Bye-laws 75Rules 77Statutory Rules Forming Part of the Original Schedule 81Statutory rules that are not part of a Statute 82Clash between Statutory and Executive Powers 82Scope of statutory rules 83Validity of Enactment cannot be saved by Statutory Rules 84Rules as an aid to construction of ambiguous statutes 84Regulations 84Executive Instructions 85Notifications 87Bye-laws 88Difference between statutory rules and bye-laws 88Construction of bye-laws 90Limitations imposed by bye-laws 91Reasonableness of bye-laws 92Bye-laws adding to the Law 92Repugnancy between the Parent and Delegated Legislation 93Severability in Delegated Legislation 96Doctrine of Implied Powers 97Implied Obligations 101Implied Obligation Arising out of Judicial Power 101Conclusion 101CHAPTER 3The Relationship Between the Judiciary and the ExecutiveIntroduction 117Nature of Executive Power 118Policy Making by the Executive 119Justiciability of Powers Conferred on the Executive under the Constitution 121Pardoning Powers 122Imposition of Article 356 124Judicial Appointments 126Supplementing the Executive 129 PART IITECHNIQUES, TOOLS AND RULESOF INTERPRETATIONCHAPTER 4PresumptionsStatutes are Presumed to be Valid 136Amongst Alternatives, Constitutional Meaning to be Preferred 136Burden to prove that the presumption is rebutted 138Presumption holds good for all Legislatures 139Presumption for various Laws 139All kinds of Legal Documents 140Statute in Infringement of Fundamental Rights 140Rules when the Language is ambiguous 140Limits on the applicability of the Principle 142Intention of Legislature does not confer Validity 142Spirit of the Constitution is not an adequate basis for challenge 143Severability of provisions 143Problem of Separable Application 144Difference between Civil and Criminal Statutes 145Statutes are Territorial in Operation 149Indian Legislatures 149Parliament 149State Legislatures in India 150Statutes are Presumed to be in Conformity with International Law 151Legislature Presumed not to Enact Contrary to International Law 151Municipal Courts Bound by Enacted Law 154Legislature does not commit a Mistake 157Correction of Mistakes when Permissible 159Misstatement of Law 159Burden of Proving Mistake of Legislature 159Legislature does not Waste its Words 160Construction Consistent with Smooth Working of System 163Words Interpreted in Ordinary Sense Unless Technical (cross–reference tocommon parlance rule in construction of taxation statutes) 163Plain and Natural Meaning not Interchangeable with Popular Meaning 164Ordinary Meaning Subject to Context and Other Factors 164Technical words retain their technical meaning 165 Legislature Presumed to Know the Law, Judicial Decisions and GeneralPrinciples of Law 167Misapprehensions as to State of Law 169Wrong Recital 169No Alternation in Law is Presumed 170Presumption in Case of Re-Enactment 172Prior Judicial Interpretation 172Reproduction of Language of Old Act in New Act 172Statutes in pari materia 173Presumption in case of changes in phraseology 173Vested Rights are Preserved 174Vested Rights 174The presumption 176No retrospective operation to disturb vested rights 177Substantive Rights Distinguished from Matters of Procedure 177Jurisdiction of Court presumed to not be excluded 178Meaning of jurisdiction 178Consent cannot give Jurisdiction 180Statutory jurisdiction to be exercised subject to specified limitations 181Consensual Jurisdiction 181Jurisdiction of Superior Courts 181No Implied Authority to Deprive Superior Courts of their Jurisdiction 181Jurisdiction of Civil Courts 182Presumption against the ouster of jurisdiction 182Court’s Jurisdiction to Determine Jurisdictional Facts 183New Right and Special Remedy 183Special Tribunal 183Provision Making Performance Enforceable in a Specified Manner 184Prescribing Statutory Duty without Laying down Remedy 185Where Special Tribunal does not come into existence or neglects tofunction 185Avoidance of conflict of jurisdiction 186Presumption against Retrospectivity 187Exception 188Conclusion 190CHAPTER 5Statute and its PartsIntroduction 193Text of the Statute and its Significance 194Parts of Statutes 194

PART I THE INSTITUTIONAL REGIME OF INTERPRETATION

CHAPTER 1 Law Making Roles of the Legislature and the Judiciary Lawmaking is the domain of the Legislature 7 Cases illustrating various Interpretative Techniques 12 Limits on the judiciary while performing the interpretative role 20 Modification of the Language of the Statute 20 Policy of a statute and limits on interpretation 22 Interpretation as Complementary Law Making 22 Reconstructing and Constructing the Law

CHAPTER 2 Relation between the Executive and the Legislature Introduction 66 What is Delegated Legislation? 66 Limits on Delegated Legislation and Excess Delegation 67 Scope of Court’s Scrutiny in Delegated Legislation 71 Forms of Subordinate Legislation 74 Colonial Legislation 74 Executive 74 Judicial 75 Municipal 75 Autonomous 75 Validity of Rules, Regulations and Bye-laws 75 Rules 77 Statutory Rules Forming Part of the Original Schedule 81 Statutory rules that are not part of a Statute 82 Clash between Statutory and Executive Powers 82 Scope of statutory rules 83 Validity of Enactment cannot be saved by Statutory Rules 84 Rules as an aid to construction of ambiguous statutes 84 Regulations 84 Executive Instructions 85 Notifications 87 Bye-laws 88 Difference between statutory rules and bye-laws 88 Construction of bye-laws 90 Limitations imposed by bye-laws 91 Reasonableness of bye-laws 92 Bye-laws adding to the Law 92 Repugnancy between the Parent and Delegated Legislation 93 Severability in Delegated Legislation 96 Doctrine of Implied Powers 97 Implied Obligations 101 Implied Obligation Arising out of Judicial Power

CHAPTER 3 The Relationship Between the Judiciary and the Executive Introduction 117 Nature of Executive Power 118 Policy Making by the Executive 119 Justiciability of Powers Conferred on the Executive under the Constitution 121 Pardoning Powers 122 Imposition of Article 356 124 Judicial Appointments 126 Supplementing the Executive 129

PART II TECHNIQUES, TOOLS AND RULES OF INTERPRETATION

CHAPTER 4 Presumptions Statutes are Presumed to be Valid 136 Amongst Alternatives, Constitutional Meaning to be Preferred 136 Burden to prove that the presumption is rebutted 138 Presumption holds good for all Legislatures 139 Presumption for various Laws 139 All kinds of Legal Documents 140 Statute in Infringement of Fundamental Rights 140 Rules when the Language is ambiguous 140 Limits on the applicability of the Principle 142 Intention of Legislature does not confer Validity 142 Spirit of the Constitution is not an adequate basis for challenge 143 Severability of provisions 143 Problem of Separable Application 144 Difference between Civil and Criminal Statutes 145 Statutes are Territorial in Operation 149 Indian Legislatures 149 Parliament 149 State Legislatures in India 150 Statutes are Presumed to be in Conformity with International Law 151 Legislature Presumed not to Enact Contrary to International Law 151 Municipal Courts Bound by Enacted Law 154 Legislature does not commit a Mistake 157 Correction of Mistakes when Permissible 159 Misstatement of Law 159 Burden of Proving Mistake of Legislature 159 Legislature does not Waste its Words 160 Construction Consistent with Smooth Working of System 163 Words Interpreted in Ordinary Sense Unless Technical (cross–reference to common parlance rule in construction of taxation statutes) 163 Plain and Natural Meaning not Interchangeable with Popular Meaning 164 Ordinary Meaning Subject to Context and Other Factors 164 Technical words retain their technical meaning 165 Legislature Presumed to Know the Law, Judicial Decisions and General Principles of Law 167 Misapprehensions as to State of Law 169 Wrong Recital 169 No Alternation in Law is Presumed 170 Presumption in Case of Re-Enactment 172 Prior Judicial Interpretation 172 Reproduction of Language of Old Act in New Act 172 Statutes in pari materia 173 Presumption in case of changes in phraseology 173 Vested Rights are Preserved 174 Vested Rights 174 The presumption 176 No retrospective operation to disturb vested rights 177 Substantive Rights Distinguished from Matters of Procedure 177 Jurisdiction of Court presumed to not be excluded 178 Meaning of jurisdiction 178 Consent cannot give Jurisdiction 180 Statutory jurisdiction to be exercised subject to specified limitations 181 Consensual Jurisdiction 181 Jurisdiction of Superior Courts 181 No Implied Authority to Deprive Superior Courts of their Jurisdiction 181 Jurisdiction of Civil Courts 182 Presumption against the ouster of jurisdiction 182 Court’s Jurisdiction to Determine Jurisdictional Facts 183 New Right and Special Remedy 183 Special Tribunal 183 Provision Making Performance Enforceable in a Specified Manner 184 Prescribing Statutory Duty without Laying down Remedy 185 Where Special Tribunal does not come into existence or neglects to function 185 Avoidance of conflict of jurisdiction 186 Presumption against Retrospectivity 187 Exception 188 Conclusion 190

CHAPTER 5 Statute and its Parts Introduction 193 Text of the Statute and its Significance 194 Parts of Statutes 194