MODULE 2 Flashcards
What are internal aids to interpretation?
Materials available within the statute itself, such as long title, preamble, headings, marginal notes, etc.
What is the significance of the long title of a statute?
It gives the object of the Act and helps in removing ambiguity, though not a conclusive aid.
What is the function of the short title?
For reference and identification; does not aid in interpretation of provisions.
How does the preamble assist in interpretation?
It states the main objects and purpose of the Act and can help resolve ambiguity.
What is the role of headings and titles of chapters?
They indicate the general scope of the sections following them and may aid interpretation in case of ambiguity.
Are marginal notes considered a good aid to construction?
Generally not, unless inserted with the assent of the legislature and when ambiguity exists.
What is the importance of a definition or interpretation clause?
Defines terms to avoid repetition; governs the meaning of terms unless context requires otherwise.
What is the purpose of illustrations in statutes?
To exemplify and clarify provisions; they assist interpretation but cannot override the section.
What is the role of a proviso?
To qualify or exempt from the main provisions; harmoniously construed with the main section.
What are explanations in a statute?
Added to elaborate or clarify a provision without expanding its scope.
What are schedules in an Act?
Detailed annexures that are part of the statute and may aid in interpreting the main provisions.
Can punctuation aid statutory interpretation?
Only minor aid; not controlling; disregarded if inconsistent with legislative intent.
What is a saving clause?
Protects existing rights when laws are repealed or re-enacted; overrides general provisions.
What are exceptions in a statute?
They exempt certain matters from the main provision and are construed strictly.
Which case held that long title can help interpret the scope of an Act?
Manohar Lal v. State of Punjab (1961)
Which case emphasized the preamble’s role in determining legislative intent?
Arnit Das v. State of Bihar (2000)
What did Union of India v. Raman Iron Foundry state about headings?
Headings indicate the general drift and may help understand a clause.
Which case held that marginal notes cannot control the meaning of the main text?
Tara Prasad Singh v. Union of India
Which case used an illustration to interpret a section?
Sopher vs. Administrator General of West Bengal
In which case was the function of a proviso emphasized as qualifying the main section?
Union of India v. Sanjay Kumar Jain
