Posts

Showing posts from September, 2019

Interpretation of Statute- Literal rule of interpretation

Image
What does literal rule mean It can be summarized with below picture. Courts should not modify/substitute words in statute. Whatever is written it, if it's plain and unambiguous, meaning should be given no matter whether it is unjust, arbitrary or inconsistent. Few points about literal rule How we should deal with words and phrases in literal rule of interpretation ? Words should be construed using natural, ordinary meaning and phrases should be construed using grammatical meaning Different jurist had lot of things about literal rules. Lord Atkins said below: This rule has been invoked in many Indian cases. Below are some cases Things to keep in mind while applying the rule. Below are things according to Dias to be kept in mind while applying literal rule This rule however have two major exception. Meaning in below cases this rule can be over looked. This is bit about literal rule of interpretation.  Let's look at merits and demeri...

Wild Life(Protection) Act,1972- State Wild Life Boards

Image
Like Board at National level, there are boards at each state level. These boards are powerful. Many a times if any roads need to be constructed in wild life sensitive areas, permission or approval from these boards are needed. We will give one example at the end of this phorticle(Article with Photos) about power of these boards. Who all are member of this board at state level ? And what are duties of these boards ? Recently, one such state level board rejected the construction of road in Corbette reserve Let's hope these board works vigilantly to protect wild life. Legalfundaa

Wild Life(Protection) Act,1972- National Board For Wildlife

Image
We actually have National Body for protection of wildlife!! This is statutory body constituted under Wild Life (Protection) Act, 1972. Members of this Body It constituted of below members This 23 is not exact number. There are actually almost double that number. And what they do ? (Function of NBWL) Are they successful ? At some aspect, they might have succeed But this committee need to work hard as there is always a risk   Couple of years back, Lots of projects were cleared by this board even in tiger parks.     Let's hope Board works effectively to protect wild life.   Legalfundaa

Interpretation of Statutes- Types of statues

Image
Types of statues There are various types of laws or statues. Below are some important types. Temporary Statutes Perpetual Statutes Codifying Statutes Consolidating Statutes Fiscal Statues Few more types of statutes.. Legalfundaa

Interpretation of Statutes- Meaning, importance and difference with construction

Image
Meaning and need of interpretation Before going to into what does interpretation of statute mean, let's take one example. We all have been conferred with fundamental right of expression under article 19. But, but and but this right can be curbed by Government. Article specifies certain conditions under which this can be curbed. One of the phrase is "morality" and "decency" which is not defined in the act.  Now who decides what morality is ? or What "decency" mean?  What is normal thing for Mumbai people, could be "immoral" or "indecent" for Khap Panchaya or some Baba. So how do you go ahead with the meaning of those phrases.  So these are the problems under which interpretation of statute comes handy. This kind of situation may arise in different acts or statutes, or rules, or subrules etc. So interpretation, in layman's term is decoding the meaning of word/phrases used in acts or laws in general.  Salmond tried ...

Interpretation of statutes - internal aids

Image
Internal Aids What is internal aids? It's some reference in the act itself which helps to decipher the meaning of the legislature or law makers.We have around 700 MPs, 4000 MLA's which keeps on making on law. What exactly they want to signify ?  For example, if the current government make law that will allow Hindu migrant to be citizens and deny citizens to Muslim migrants will such law be valid ? Can Supreme Court refer to preamble wherein it is mention that we are secular and invalidate such law? Some techniques of interpretation helps out in such situation. Internal aids is one of such technique. It includes many tools like title, heading, preamble, illustration, explanation etc. There is not straight rule either about these techniques. But on various occasion court tried to make things clear. We are going to see various court pronouncement the help of different aids for interpretation of statute. 1) Preamble This is on first page and it's very im...

Followers