Interpretation of statutes - internal aids
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 important
Do we always need to refer preamble for meaning ? Not so
2) Preamble of constitution
Question is whether preamble is the part of constitution ? If yes, then it can be referred for deciphering the meaning of constitution.
Was preamble used for interpretation? Yes many times..
Again, if meaning of words are clear in enactment, preamble cannot override that meaning.
3) Long Title
Whether long title is part of the act ? Can it be used to give meaning to an act ? Answer to both the question is big YES.!
4) Short Title
This is not of as important as long title.
5) Definitions
We all know those lengthy "Section 2" and that statement "unless there is anything repugnant in the subject content". Meaning of the word is depends upon a context in which it is used.
6) Heading
Headings could be prefixed to section or group of sections. Typically chapter also have some name. For example "Offenses against property" in IPC. Are these headings useful for interpretation of provisions of act below them. Mostly not! But yes.
7) Marginal Notes
Our constituent assembly had added marginal notes for some provision. Marginal notes cannot override the meaning of the sections. But sometimes they can be referred for intrinsic meaning or intention of drafters.
Here is one example
And utility of marginal notes in interpretation
8) Punctuation
Commas, semicolon, colon are some of the widely used punctuation. Below is extremely brief summary of puntuations.
Below the example to show their utility.
9) Illustration
Illustrations are typically appended at the end of the sections. They are added to elucidate the principle in section.
Below is one example
Illustration are very much part of the enactment and are useful in construction of the provisions in the sections.
10) Proviso
Proviso are clauses which provides exceptions to the main sections. The exceptions are specific in nature. Remember Article 19 ? It states you have right to freedom of express. Provisos then add some curbs on these freedoms. For example state can curb the freedom of expression. Currently freedom of near about 70 Lakh Kashmiris is curbed for the National Security.
Some important judgements related to it as far as interpretation of statute is concerned.
11) Explanation
They are inserted into the act with the purpose to explain the words contained in the section. In the case of Bengal Immunity Co vs State of Bihar ,1955 It was held that explanations are very much part of the section.
Below observations were made by court in given case:
12) Schedules
13) Saving Clause, Exceptions
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