Semester: III Course: LD and IoS Faculty: Dr. F. S.

Sakkarnaikar

Gujarat National Law University

Gandhinagar, Gujarat (India)
Course Outline

of

Legislative Drafting and Interpretation of Statutes

For

BA/BCom/BSc/BBA/BSW, LLB

Semester: III

Session: July-December 2024

Faculty:
Dr. Fakkiresh S. Sakkarnaikar
Professor of Law
Gujarat National Law University
Email: [email protected]

l. No. Contents Page No.

1.0 Objectives of the course 02

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Semester: III Course: LD and IoS Faculty: Dr. F. S. Sakkarnaikar

2.0 Proposed teaching schedule 04

3.0 Detailed course-outline 05

4.0 Prescribed/Recommended readings 13

5.0 Teaching methodology 14

6.0 Evaluation pattern 14

Tentative dates for test/submission of project/GD,

7.0 14
etc

8.0 Important instructions to students 15

9.0 Contact hours 15

1.0 Objectives of the Course

The courts have to administer justice according to law. The chief source of law is
legislation. The other sources are precedents and customs. Every source of law finds its
expression in a language. A language is the property of the people and not that of law,
though some words may acquire special legal meaning and may become a part of the
legal terminology. But by far a great bulk of the words used in a legal draft belongs to
the ordinary language. What meaning is to be given to a word used in a legislation,
custom or precedent or in a private deed or will? Even the dictionary does not give the
clear-cut meaning of a word. It gives many alternative meanings applicable in different
contexts and for different purposes so that no clear field for the application of a word
becomes identified. So long as expansion of meaning takes place uniformly, the law will
develop along healthy lines.

But if one judge takes the narrow view and the other the broad view, the law will mean
different things for different persons and soon there will be race for window shopping
for justice. Hence, it is necessary that there should be some rules of interpretation to
ensure just and uniform decisions. Such rules are called the rules of interpretation. They
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Semester: III Course: LD and IoS Faculty: Dr. F. S. Sakkarnaikar
are the subject-matter of this brief work of introductory nature. The rules of
interpretation are drawn from the general scope and intention of the instrument or
legislation, from the nature of the transaction or the circumstances, from the legal rights
of the parties’ independent of the instrument or law in question, and from many other
relevant particulars.

Interpretation is the process which is adopted for determination of the meaning of a

writing, to determine from its known elements its true meaning or the intent of the
framers of the documents. It is the art of finding out the true sense of any form of
words, the sense which their author intended to convey. This art enables others to derive
from the words the same idea which the author intended to convey and thereby to find
out or collect the intention of a writer. The process involved is such that one source
speaks something and another source picks it up, discovers its meaning and applies it to
do justice between others. It is not a science but an art to find out the meaning of words
in the context of a given situation.

Salmond says that “judicial decisions have the force of law is legally ultimate and un-
derived. These ultimate principles are the grund norms or basic rules of recognition of
the legal system.”

Interpretation is as old as language. Elaborate rules of interpretation were evolved even

at a very early stage of the Hindu civilization and culture. The importance of avoiding
literal interpretation was also stressed in various ancient text books – “Merely following
the texts of the law, decisions are not to be rendered, for, if such decisions are wanting
in equity, a gross failure of Dharma is caused.”

Interpretation thus is a familiar process of considerable significance. In relation to

statute law, interpretation is of importance because of the inherent nature of legislation
as a source of law. The process of statute making and the process of interpretation of
statutes are two distinct activities.

In the process of interpretation, several aids are used. They may be statutory or
nonstatutory. Statutory aids may be illustrated by the General Clauses Act, 1897 and by
specific definitions contained in individuals Acts whereas non-statutory aids is illustrated
by common law rules of interpretation (including certain presumptions relating to
interpretation) and also by case-laws relating to the interpretation of statutes.

Lord Denning in Seaford Court Estates Ltd. v. Asher, “English Knowledge is not an
instrument of mathematical precision… It would certainly save the judges from the
trouble if the acts of parliament were drafted with divine precision and perfect clarity. In
the absence of it, when a defect appears, a judge cannot simply fold hand and blame the
draftsman…”
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Semester: III Course: LD and IoS Faculty: Dr. F. S. Sakkarnaikar

2.0 Proposed Teaching Schedule

No. of Sessions
Module No. Modules
(Classes)
III. 4. 11 05
Introduction
III. 4. 2 10
Basic Principles of Interpretation
III. 4. 3 Internal Parts/aids to Interpretation and 08
Construction
III. 4. 4 06
External Parts/aids to Interpretation and
Construction
III. 4. 5 Subsidiary Rules 08
III. 4. 6 04
Operation of Statutes
III. 4. 7 02
Statutes affecting the Crown or the State
III. 4. 8 03
Fiscal and Taxing Statutes
III. 4. 9 02
Interpretation of Judgments
III. 4. 10 02
Interpretation of Constitution
III. 4. 11 02
Interpretation of Documents, Deeds and Wills
III. 4. 12 02
Penal and Remedial Statutes
III. 4. 13 06
Legislative Drafting

Total = 60

3.0 Detailed Course Outline

Module- III. 4. 1 INTRODUCTION Session: 05

 What is a Statute?
 The duties of a Judge and a Legislature
 Judicial activism and Judicial restraint

1 ‘III’ stands for semester, ‘4’ stands for the order in which the course/paper appears in that semester, and ‘1’ stands for
the number of module
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Semester: III Course: LD and IoS Faculty: Dr. F. S. Sakkarnaikar
 Optima est lex minimum relinquit arbitrio judicis, optimus judex qui minimum sibi
 Salus populi supreme lex (Roman Twelve Tables)
 Difference between Making law and Creating law
 Difference between Interpretation and Construction
 Jaimini’s Mimamsa Rules of Interpretation

Cases
 State of U.P. v. Jeet S. Bhist (2007) 6 SCC 586
 U.P. Bhoodan yagna Samiti v. Brij Kishore (1988)4 SCC 274
 Bhatia International v. Bulk Trading S.A (2002) 4 SCC 105
 Ratanchand Hirachand v. Askar Nawaz Jung – (dead) by L.Rs (1991) 3
SCC 67
 Beni Prasad v. Hardai Bibi (1892) ILR 14 All 67 (FB).

Module- III. 4. 2 Basic Principles of Interpretation Sessions: 10

 Intention of the Legislature

 Statute must be read as a whole in its context
 Statute to be construed to make it effective and workable
 Plain meaning, effect shall be given to the same irrespective of
Consequences
 Principle of plain meaning.
 Language of the statute should be read as it is
 Addition or substitution of words to be avoided
 Casus omissus
 Rejection of words to be avoided
 Exceptions to the above rules
 The rule of Literal Construction
 Mischief rule-Heydon’s case
 Regard to subject and object
 Regard to consequences
 Harmonious construction

Cases

 Surendran v. Sub Inspector of Police 2021 SCC Online SC 445

 Govind Swaroop Chaturvedi v. State of NCT of Delhi 2021 SCC Online
Delhi 3676
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Semester: III Course: LD and IoS Faculty: Dr. F. S. Sakkarnaikar
 Union of India v. G. S. Chath Rice Mills (2021) 2 SCC 209
 R.S. Nayak v. A.R. Antulay AIR 1984 SC 684
 Grasim Industries Ltd. v. Collector of Cusoms Bombay (2002)4 SCC 297
 Tata Engg. and Locomotive Co. Ltd. v. State of Bihar (2000) 5 SCC 346)

Literal Rule:
 Ramavatar Buddaiprasad etc v. Asstt. S.T.Officer, Akola AIR 1961 SC 1325
 M.V. Joshi v. M.U. Shimpi AIR 1961 SC 1494
 The Queen v. Charles Arthur Hill Heaten Ellis (1844) 6Q.B. 499
 Ranjit Udeshi v. State of Maharasthra AIR 1965 SC 881
 Municipal Board v. State Transport Authority,Rajasthan AIR 1965 SC 458
 Ramji v. State of Bihar AIR 1963 SC 1088
 M/S Motipur Zamindary Co. Pvt. Ltd v. State of Bihar AIR 1962 SC 860
 Maqbool Hussain v. State of Bombay AIR 1953 SC 325
 S.A. Venkataraman v. U.O.I. AIR 1954 SC 375
 Shriram v. State of Maharasthra AIR 1961 SC 674

Golden Rule
 Karnail Singh v. Moinder Kaur AIR 2003 P & H 135
 State of U.P. v. Synthetics & Chemical Limited AIR 1980 SC 614
 Lee v. Knapp (1967) 2 Q.B. 442

Mischief Rule:-

 Bengal Immunity Company v. State of Bihar AIR 1955 SC 661

 Smith v. Hughes (1960) I WLR 830
 Kanwar Singh v. Delhi AIR 1965 SC 871
 Ranjit Udeshi v. State of Maharasthra AIR 1965 SC 881
 R.M.D. Chamarbangwalla v. U.O.I. AIR 1957 SC 628
 Commissioner of Income Tax v. Smt. Sara Devi AIR 1957 SC 832
 Alamgir v. State of Bihar AIR 1959 SC 436
 Pyarelal v. Mahandeo Ramachandra AIR 1974 SC 228
 Kannailal v. Parammidhi AIR 1957 SC 907
 Glaxo Laboratories v. Presiding Officer AIR 1984 SC 505

Module- III. 4. 3 Internal Parts of Interpretation and Construction Sessions: 08

 Long Title
 Preamble and preamble of the Constitution
 Headings
 Marginal notes
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Semester: III Course: LD and IoS Faculty: Dr. F. S. Sakkarnaikar
 Punctuations
 Illustrations
 Definition sections
 Proviso
 Explanation
 Schedules
 Transitional provision
 Surplusage

Cases
 Siljit Guha v. Sikkim University 2021 SCC Online Sikkim 80
 R.v. Secretary of State for Foreign and Commonwealth Affairs (1994) 1
All ER 457
 In re,Kerala Education Bill,1957 AIR 1958 SC 956
 Bishwamber Singh v. State of Orissa AIR 1954 SC 139
 Sardar Inder Singh v. State of Rajasthan AIR 1957 SC 510
 Kesavananda v. State of Kerala AIR 1973 SC 1461
 Karnataka Power Transmission Corp v. Ashok Iron Works Ltd.
(2009) 3 SCC 240
 Emperor v. Sadashiv AIR 1947 PC 82
 Mohammad Shabir v. State of Maharashtra AIR 1979 SC 564

Module- III.4. 4 External Parts of Interpretation and Construction Sessions: 06

 Parliamentary History
 Historical facts and surrounding circumstances
 Later social, political and economic developments and scientific
Inventions
 Reference to other statutes
 Effect of usage and practice
 Dictionaries
 Use of foreign decisions etc.
 International Conventions
 Websites

Cases
 Shaikh Ahmed v. State of Telengana 2021 SCC Online SC 436
 B. Prabhakar Rao and Others v. State of A.P. and others AIR 1986 SC
120

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Semester: III Course: LD and IoS Faculty: Dr. F. S. Sakkarnaikar

 District Mining Officer and Others v. Tata Iron Steel Co. (2001)7 SCC 358
 K.P.Varghese v. Income Tax Officer Eranakulam AIR 1981 SC 1922
 Pepper v. Hart (1993) 1 ALLER 42 HL
 State of Travancore Cochin and Others v. Bombay Co.Ltd AIR 1952 SC
366
 Aswini Kumar Ghose and another v. Arbinda Bose AIR 1952 SC 369
 State of Mysore v. R.V. Bidop AIR 1973 SC 2555
 Fagu Shaw etc. v. The State of W.B. AIR 1974 SC 613
 S.R.Chaudhuri v. State of Punjab and Others (2001)7 SCC 126
 K.S.Paripornan v. State of Kerala and Others AIR 1995 SC 1012
 R.Y.Prabhoo (Dr.) v. P.K.Kunte (1995) 7 SCALE 1
 P.V. Narasimha Rao v. State AIR 1998 SC 2120
 Sushil Rani v. CIT and another (2002)2 SCC 697
 Devadoss (dead) by L.Rs v. Veer Makali Amman Koil Anthalur AIR 1998
SC 750
 National Grindlays Bank v. Municipal Corporation Greater Bombay AIR
1969 SC 1048
 Supreme Court Advocates on Record Association v. Union of India AIR 1994
SC 268
 Forasol v. ONGC, AIR 1984 SC 241
 General Electric Co. v. Renusagar Power Co., (1987) 4 SCC 137
 Mohanlal Tripathi v.Distt. Magistrate Rail Bareilly and others, (1992) 4
SCC 80
 Dental Council of India v. Hariprakash, (2001) 8 SCC 61
 S.P. Gupta v. Union of India, AIR 1982 SC 149
 S.P. Jain v. Krishan Mohan Gupta and others AIR 1987 SC 222
 J.K. Cotton Spinning & Wvg Mills Ltd. v. Union of India, AIR 1988 SC
191
 P.N. Krishanlal v. Govt. of Kerala (1995) 2 SCC 187
 Visakha v. State of Rajasthan AIR 1997 SC 3011

Module- III. 4. 5 Subsidiary Rules Sessions: 08

 Non-obstante clause
 Mandatory and directory provisions
 Conjective and disjunctive words
 Construction of legal words
 Noscitur a sociis
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Semester: III Course: LD and IoS Faculty: Dr. F. S. Sakkarnaikar
 Ejusdem generis
 Reddendo singula singulis
 Ut res magis valeat quam pereat
 Contemporanea expositio est optima et fortissima lege
 Dissimilum dissimilisest ratio
 Ubi lex non distinguit nec nos distnguere debemos

Cases
 Bhogilai Chunnilal Pandya v. State of Bombay AIR 1959 SC 356
 Chairman IVP v. Pure Industrial Cocke and Chemicals Ltd (2007) 8
SCC 705
 In re Article 143 of the Constitution of India AIR 1965 SC 745
 Links Advertisers and business promoters v. Commr., corp of the city of
Banglore AIR 1977 SC 1646
 Bank of India v. Ketan Parekh AIR 2008 SC 2361

Module- III. 4. 6 Operation of Statutes Sessions: 04

 Retrospective operation
o Statutes regulating contracts and transfers
o Statutes regulating succession
o Statutes of limitation
o Statutes regulating appeals
o Statutes affecting finality of orders
 Relevant considerations relating to operation
o Presumption that legislation is territorial
o Operation as to foreigners
o Regard to International agreements/conventions/treaties
o Acts passed to give effect to international treaties and
conventions
o Operation as to crimes
o International crimes
o Legislation under the Government of India Act,1935

Cases
 G. Mohan Rao v. State of Tamilnadu 2021 SCC Online SC 440
 Kumar Mehta v. State of Jharkhand 2021 SCC Online Jhar 429
 J. Mitra and Co Pvt Ltd. v. Assistant Controller of Patents and Designs
AIR 2009 SC 405
 Virendra Singh Hooda v. State of Haryana AIR 2005 SC 137
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Semester: III Course: LD and IoS Faculty: Dr. F. S. Sakkarnaikar

 Mohm. Akram Ansari v. Chief Election Officer (2008) 2 SCC 95

 Kuwait Minister of Public v. Sir Frederick Snow and Partner (1984) 1
All ER 733
 Cherotte Sugathan v. Cherotte Bharati AIR 2008 SC 1467
 New India Insurance Co.Ltd v. Shanti Mishra AIR 1976 SC 237

Module- III. 4. 7 Statutes affecting the State or Crown Sessions: 02

 The Rule of Common Law

 Extent of the Rule
 The Rule in India

Cases
 Director of R and D v. Corporation of Calcutta AIR 1960 SC 1355
 Bombay Province v. Bombay Municipal Corp. 1947 PC 34
 State of U.P. v. Radhey Shyam Rai (2009) 5 SCC 577

Module- III. 4. 8 Taxing Statutes Sessions: 03

 Strict construction of taxing statutes

 General principles of strict construction
 Evasion of statutes
 American view

Cases

 Jindal Stainless Ltd. v. State of Haryana (2006) 7 SCC 241

 Jaiprakash Associates Ltd. v. State of M.P. (2009) 7 SCC 339
 Karnataka Bank Ltd. v. State of A.P. (2008) 2 SCC 254

Module- III. 4. 9 Interpretation of Judgments Sessions: 02

 Judgment-Meaning and Scope

 Tests of a Judgment
 Judgments not to be interpreted as statutes
 Intention of a judge not expressed in the operative part irrelevant
 Expressions ‘Judicial’ and ‘Judicial Power’
 Obiter dicta and Ratio decidendi
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Semester: III Course: LD and IoS Faculty: Dr. F. S. Sakkarnaikar
 Maxim: Actus curie neminem gravabit
 Judgments per incuriam
 Principles of res judicata

 Quinn v. Leathem (1901) AC 495 (HL)

 Thomas Francis Allen v. William Cridge Flood (1898) AC 1
 Bharat Forge Co. Ltd. v. Uttam M Nakate (2005) 2 SCC 489
 Infoseek Solutions v. Kerala Law Times AIR 2007 ker 1

Module- III. 4. 10 Interpretation of Constitution Sessions: 02

 Constitution and Statutes- Distinction

 Interpreter of the Constitution
 Theories of interpretation of Constitution
 Principles of Constitutional interpretation
 Constitutional conventions and provisions
 Fraud on the Constitution
 Morality and Constitutionality of statutes
 Divergence between Hindi and English versions of the Act

Module- III. 4. 11 Interpretation of Documents, Deeds and Wills Sessions: 02

 Rules of construction of documents

 Conflict between two clauses
 Construction of documents-Printed and partly written/typed
 Acts done under a Deed can be used to interpret the Deed
 Construction of Deed referring to Map
 Duty of courts in constructing election posters
 Principles of interpretation of contract
 Construction of power of attorney
 Interpretation of Wills- Hindu Succession Act, 1956
 Proof of Wills
 Suspicious circumstances surrounding execution of Wills
 Family settlement, real consent and informed consent

Module- III. 4. 12 Remedial and penal statutes Sessions: 02

 Remedial and penal statutes-Distinction

 Liberal construction of remedial statutes
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Semester: III Course: LD and IoS Faculty: Dr. F. S. Sakkarnaikar
 Strict construction of penal statutes
 Vicarious responsibility in statutory offences

Cases
 R v. Charges Ltd (2009) 2 All ER 645 (HL)
 ESI Corp. v. HMT Ltd (2008) 3 SCC 35
 Kailash Chand v. Dharam Dass (2005) 5 SCC 375
 Ajit Singh v. Jit Ram AIR 2009 SC 199

Module- III. 4. 13 Legislative Drafting Sessions: 06

 Influence of Bentham and History of Legislative Drafting

 The Role of the Legislative Draftsman
 The Indian Draftsman
 The Relationship Between Legislative Drafting and Statutory Interpretation
 Courts Criticisms of Ill Drafted Legislation and Legislative Draftsman
 Reasons for Complexity of Legislation
 Legal Drafting Styles: Fuzzy or Fussy
 The EU Directive on the Quality of Drafting
 Plain Language Drafting

4.0 Prescribed/Recommended Readings

Prescribed Readings

1. Singh G P, Principles of Statutory Interpretation (14th edition LexisNexis 2016)

2. Bakshi P M, Interpretation of Statutes (2nd edition Thomson Reuters 2016)

3. Langan P St J, Maxwell on The Interpretation of Statues (12th edition LexisNexis

2006)

4. Bennion Francis, Bennion on Statutory Interpretation (4th edition LexisNexis

2005)

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Semester: III Course: LD and IoS Faculty: Dr. F. S. Sakkarnaikar
5. Edgar S G G, Craies on Statute Law (6th edition Sweet and Maxwell 1963)

6. Bindra N S, Interpretation of Statutes (10th edition LexisNexis 2007)

7. Sarathi Veepa P, Interpretation of Statutes ( 3rd edition Eastern Book

Company 2010)

8. Katju Markandey, Mimansa Rules of Interpretation (4th edition Thomson

Reuters 2013)

9. Viswanathan T. K, Legislative Drafting-Shaping the Law for the New Millennium,

(The Indian Law Institute New Delhi, 2007)

Recommended Readings

1. Mukhopadhyay Sukumar, Interpretation of Fiscal Statutes in India (Centex

Publications 1999)

2. Lewison Kim, The Interpretation of Contracts (4th edition Sweet & Maxwell
2004)

3. Eskridge William N, Legislation and Statutory Interpretation (2nd edition

Foundation Press 2006)

4. Barak Aharon, Purposive Interpretation in Law (Universal Law Publication

2007)

5. Scalia Antonin, (ed.), A Matter of Interpretation (Princeton University

Press 1998)

6. Dworkin Ronald, Laws Empire (Harvard University Press 1986)

5.0 Teaching Methodology

The methodology for study and research of this subject would be covering,
class room lectures, seminars, group discussions, teacher and student
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Semester: III Course: LD and IoS Faculty: Dr. F. S. Sakkarnaikar
interaction and open discussion.

6.0 Evaluation Pattern

Evaluation: Marks

Continuous Evaluation……………………………… 50

End-Semester Examination………………………… 50
--------------------------------------------------------
Total 100

7.0 Tentative Dates for Continuous Evaluation and Mid Semester Tests
Submission of Project/ GD, etc

Continuous evaluation shall include Group Discussion/Project of 50 marks

(Subject to change on exigencies).

The Dates of Group Discussion/Project/Class Test shall be discussed with

students and will be notified soon.

8.0 Important Instructions to Students

The Course Outline given here is tentative. The concerned faculty-member may
modify it while engaging the academic sessions. The teaching course on this
subject and methodology will not be necessarily bound by parameters shown
here. Both faculty-members and students may mould the Course Outline
according to the needs suitable for better and progressive understanding of the
subject.

9.0 Contact Hours

Days: Monday and Wednesday

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Semester: III Course: LD and IoS Faculty: Dr. F. S. Sakkarnaikar

Timings: from 3.45 pm to 4.45 pm.

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