Interpretation of Statutes- External Aids to interpretation

Sometimes meaning of the words or clauses or provisions are not clear from the act itself. It becomes imperative to refer something beyond the act to decipher the meaning of those words or clauses or provisions.

In such cases external aids comes handy. Some (Many) external aids are discussed below which are used for interpreting the statutes.

Parliamentary History

Parliamentary or legislative includes many thing. They help in deciphering the meaning of statutes

It was used in landmark case of Indra Sawhney Vs Union Of India also known as Mandal case.

Again, reports of commissions were used to discuss the constitutionality of ban on animal sluaghter

Historical Facts and circumstance

Historical facts and prevailing circumstances plays a crucial role in interpretation. Let's take the example of recent events. Mob lynching increased in recent years. People are getting killed in the name of religion. And such mob is encouraged by people in power. To curb this, law is passed against mob lynching.

 

So circumstances plays crucial role in formulation of law. 

What renowned jurists says about historical facts and circumstances. Check

Subsequent Changes in Polity, Economy, Society or Technology

Subsequent changes in polity, economy or society should be given due regards while interpretation of statute. It's impossible for law maker to fathom all scenarios. Some scenarios might emerge at later stage. So such changed scenarios must be taken into consideration while interpreting the law.

What Lord Bridge said about changing circumstance

 Dictionaries

Language dictionaries could come handy for interpretation of the law. But if words are define in Section 2 of act, do not refer dictionary for those, generally!!

Below are some observation about the dictionary

Statutes in para materia

Para materia means on same subjects.

Few things about statutes in para materia and their utility in interpretation of statutes

When we can call statutes are in para materia ? Below observation answer this question

Foreign Decision

Foreign decision can be useful for interpretation of statutes. Even judgements by our Supreme Courts are used by other countries court for interpretation.  

Check this article for example.

Below is the Indian position about foreign judgement

Codifying Statutes

Codifying statutes present existing laws in orderly and authoritative manner. They are helpful as external aid

Earlier Statutes

Utility of Earlier Statute as an external aid:

Reference Book

Well sometimes books by reputed jurists, renowned author can help as external aids

Other External aids

There are few more external aids:

Conclusion

We have listed some of the external aid for construction of statutes. Remember the above list is only enumeration and not all external aids are covered.  Above are generally used external aids. Anything apart from above mentioned thing can be external aid if it helps understanding or deciphering true meaning of the law.

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