Q. Explain the value of external aids in the construction of statutes. [20 marks- 2017]
External Aids to Interpretation of Statutes
Aids means help for interpretation of statutes. External aids are the helps sourced from outside the statutes. Using external aids for interpreting statutes plays a crucial role in legal analysis. These aids provide valuable insights and guidance to understand the meaning and intent behind legislative provisions.
The following External Aids are commonly used in Interpretation of Statutes
Case law
Case law is the most widely used external aid. Judicial decisions on related and similar issues based upon interpretation given by courts in previous cases provide a remarkable help in deciding current case.
Statements of Objects and Reasons
The introducer of any bill would have justified its enactment, known as the Statements of Objects and Reasons, hold significant importance in the process of interpretation.
In the Ashwini Kumar Ghose v. Arabinda Bose case, Chief Justice Patanjali Shastri expressed that the Statements of Objects and Reasons should not be considered an external aid to interpretation. However, in the case of State of West Bengal v. Subodh Gopal Bose, Justice S. R. Das took and opposite view and considered these essential in deciding the case.
Historical Facts
Historical facts play a crucial role in establishing the context in which a statute was enacted, providing background information and aiding in interpretation.
Scientific Inventions
In the interpretation of statutes, it is essential to consider any subsequent developments related to the statute’s provisions. Society is continuously progressing and rapid advancements are occurring in various domains. Therefore, while interpreting statutes designed to govern these developments, it is important to consider these evolving circumstances.
A notable case illustrating this principle is State v. J. S. Chawdhry.
Other Statutes
When a statute lacks clarity regarding its intended meaning, other statutes in pari materia that deal with the same or similar subjects can be considered for interpretation. It is also an external aid to the interpretation of statutes.
In the case of State of Madras v. A. Vaidyanath Iyer, the accused, an income-tax officer, was charged with accepting a bribe. The trial court sentenced him to six months of rigorous imprisonment. However, the High Court acquitted the accused upon appeal, suggesting that he may have borrowed money instead of accepting it as a bribe.
Foreign Decisions
Decision by the foreign courts in similar issues are generally considered for as a source of contextual help. However, the decisions of foreign courts do not bind Indian courts and such decisions are merely persuasive. In the case of M. V. Elisabeth v. Harwan Investment and Trading Pvt. Ltd., the Supreme Court took a different stance from the English courts when interpreting the phrase “damage caused by a ship” under Section 443 of the Merchant Shipping Act, 1958.
Dictionaries and Textbooks
When a word is not defined in the statute itself, it is permissible to refer to dictionaries to find out the general sense in which that word is understood in common parlance. However, in the selection of one out of the various meanings of a word, regard must always be had to the scheme, context and legislative history.
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