Presumptions in Interpretation of Statutes

Interpretation of the statutes are dependent on a number of presumptions. These presumptions are very crucial for correct interpretation of the enactments for administration of justice. The presumptions are discussed below.

1. Presumption of validity

Unless and otherwise proved invalid, the existing laws are presumed to be valid. It is presumed that the laws enacted by the legislature are constitutionally valid. So when interpreting the law, if two view points arises, one which goes by the constitution will be accepted.

In the case of Govindlalji v. State of Rajasthan, the phrase  “affairs of the temple” in that provision was tightly interpreted to maintain the constitutional validity of the “Rajasthan Nathdwara Temple Act”.

2. Territorial operation presumption

Unless mentioned explicitly, application of the acts are restricted withing the territory of the country which has passed it. In Ajay Agarwal v. Union of India, the SC declared that the crime of criminal conspiracy is regarded as a continuing offence. Therefore, it makes little difference if the activities that make up the conspiracy are carried out in Chandigarh or Dubai.

3. Presumption of court's jurisdiction 

Interpretations should not arbitrarily revoke a court’s jurisdiction unless the statute expressly and specifically intends it to do so. The main purpose of this presumption is to preserve the accessibility of the justice system to one and all who seeks it. In the case of the Provincial Government of Madras v. J.S. Bassappa the SC ruled that the exclusion of civil court jurisdiction should not be loosely interpreted.

4. Assumption against retrospective operation of law

Unless mentioned specifically, statutes are intended to have an impact on future acts or events rather than retroactively affecting past circumstances. This presumption was first applied in the case of I.C. Golak Nath v. State of Punjab (A.I.R. 1967 SC 1643). 

CCSU LLB / BA-LLB Question References

Q. Discuss the existence of presumptions in the field of interpretations of statutes. [BA-LLB - 20 marks - 2022, 2021]

Q. Write about presumption against ousting the Jurisdiction of Courts. [BA-LLB - 10 marks - 2019]

Welfare Legislation - Interpretation of Statutes

Legislations created for socio-economic welfare of the general populace in society are called welfare legislation.

When interpreting statutes related to welfare legislation, courts must take a balanced approach with the objective of ensuring the legislation serves its intended purpose of promoting the public good while also respecting the rights and freedoms of individuals.

CCSU LLB / BA-LLB Question References

Q. Welfare legislation [BA-LLB - 4 marks - 2022]

Ouster of Jurisdiction

Ouster of Jurisdiction

Ouster of jurisdiction means the exclusion of judicial proceedings in respect of any dispute. It can be expressed or implied in a civil court. For example, an ouster clause in a contract is an agreement that excludes the jurisdiction of the courts. This is considered to be against public policy. 

When faced with an ouster clause, courts have three options:

(i) Acceptance

(ii) A constitutional parry: This involves subjecting the clause to strict scrutiny and only giving it effect if Parliament uses clear, firm, and explicit language

(iii) A constitutional lunge 

The party raising the plea has the burden of proving the ouster of the civil court's jurisdiction. The Supreme Court has ruled that ouster of jurisdiction cannot have a retrospective effect to annul a decree that was validly passed by the civil court. 

CCSU LLB / BA-LLB Question References

Q. Ouster of Jurisdiction [BA-LLB - 4 marks - 2022]