MODULE 1 Flashcards
R.S. Nayak v A.R.ANTULAY
In this regard, a Constitution Bench of five Judges of the Supreme Court in R.S. Nayak v A.R. Antulay, AIR 1984 SC 684 has held: “… If the words of the Statute are clear and unambiguous, it is the plainest duty of the Court to give effect to the natural meaning of the words used in the provision. The question of construction arises only in the event of an ambiguity or the plain meaning of the words used in the Statute would be self defeating.” (para 18)
What is the meaning of ‘interpretation’ in law?
It is the art of finding the true sense of an enactment by giving the words their natural and ordinary meaning.
Who defined interpretation as the process of ascertaining the meaning of the legislature through authoritative forms?
Salmond
Why is interpretation of statutes necessary?
Because sometimes words can have more than one meaning or appear ambiguous, requiring courts to find the legislature’s intent.
What is the significance of the R.S. Nayak v A.R. Antulay case?
It held that where words are clear and unambiguous the court must give effect to their natural meaning.
Which case emphasized that courts should not amend or alter clear statutory provisions?
Grasim Industries Ltd. v Collector of Customs
What are the two aspects of legislative intent?
Meaning of words and purpose/spirit of the statute
What happens when a statutory provision is ambiguous?
Courts use interpretation rules to discover true legislative intent
What are the types of legal instruments under Article 13(3)(a) of the Constitution?
Acts, ordinances, bye-laws, rules, regulations, notifications, customs, and usages
What is a ‘Bill’ in legislative terms?
A document proposing a new law, which becomes an Act upon receiving Presidential/Governor’s assent
When does an Act come into force?
Usually on the date of the President’s assent or a date notified in the Gazette
What is the main function of Rules under an Act?
Define procedures and aid in implementation, but must conform to the parent Act
Who has the power to formulate Rules under an Act?
The authority mentioned in a specific section of the Act
Do Rules have the same legal effect as the Act?
Yes
Can Rules override the provisions of an Act?
No
What distinguishes Regulations from Rules?
Regulations deal with substantive law while Rules govern procedures
Give an example of regulations issued under a central Act
Adoption Regulations 2022 under the JJ Act 2015
What is the role of the Committee on Subordinate Legislation?
It scrutinizes rules and regulations to ensure proper exercise of delegated powers
What is an Ordinance?
A temporary law promulgated by the President or Governor when the legislature is not in session
Which Article gives the President power to issue ordinances?
Article 123
Which Article gives the Governor power to issue ordinances?
Article 213
What is the duration of an Ordinance?
Valid for 6 months and 6 weeks unless approved by Parliament
What must happen within 6 weeks of an Ordinance being passed?
Parliament must meet and approve it or it lapses
Give one example of an Ordinance in India
The Motor Vehicles (Amendment) Ordinance 2015
