MODULE 3 Flashcards

Question

What is the function of legislative debates as external aids?

Answer 1

They provide insight into the discussions and considerations that shaped the statute.

Answer 2

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. This was because these statements are presented during the bill’s processing, and the bill may undergo several changes during that period, making the statements subject to amendments

Answer 3

State of West Bengal v. Subodh Gopal Bose, Justice S. R. Das took the Statements of Objects and Reasons into account to assess the socio-political and economic context of the introduced bill, while still acknowledging the view expressed in the Ashwini Kumar case.

Answer 4

Indira Sawhney v. Union of India, the Supreme Court referred to a speech by Dr B. R. Ambedkar in the Constituent Assembly while interpreting Article 16(4) of the Indian Constitution. The Court held that although Parliamentary debate is not binding on the courts, it can be considered to understand the context, background and legislative intent.

Answer 5

has stated that it is a settled position that debates in the Constituent Assembly may be relied upon as an aid to interpret a Constitutional provision because it is the function of the Court to find out the intention of the framers of the Constitution. (Para 33)

Answer 6

speeches made by the mover of the Bill or Minister may be referred to for the purpose of finding out the object intended to be achieved by the Bill. (

Answer 7

So far as Statement of Objects and Reasons, accompanying a legislative bill is concerned, it is permissible to refer to it for understanding the background, the antecedent state of affairs, the surrounding circumstances in relation to the statute and the evil which the statute sought to remedy. But, it cannot be used to ascertain the true meaning and effect of the substantive provision of the statute.

Answer 8

The Supreme Court in Rosy and another v State of Kerala and others, (2000) 2 SCC 230 considered Law Commission of India, 41st Report for interpretation of Section 200 (2) of the Code of Criminal Procedure, 1898.

Answer 9

S.P. Gupta v Union of India, AIR 1982 SC 149, it was stated - “The interpretation of every statutory provision must keep pace with changing concepts and values and it must, to the extent to which its language permits or rather does not prohibit, suffer adjustments through judicial interpretation so as to accord with the requirement of the fast changing society which is undergoing rapid social and economic transformation … It is elementary that law does not operate in a vacuum

Answer 10

State v. J. S. Chawdhry, which involved Section 45 of the Indian Evidence Act, 1872. This section specifically mentioned handwriting experts but did not include typewriting experts since typewriters were invented after the statute’s enactment. However, in the case at hand, the party representing the state sought to rely on the opinion of typewriting experts. The Supreme Court had previously held that the opinions of typewriting experts were not admissible. Nevertheless, in this particular case, the Supreme Court departed from its earlier view and deemed such opinions admissible.

Answer 11

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.The Supreme Court, in its examination of Section 4 of the Prevention of Corruption Act, 1947, ruled that if there is evidence that the accused accepted gratification in any form other than legal remuneration, it shall be presumed that such gratification was accepted as a bribe, unless proven otherwise. This provision was considered in pari materia with the Indian Evidence Act 1872, where the words ‘shall presume’ corresponded to the words ‘it shall be presumed’ in the Prevention of Corruption Act. Consequently, the Supreme Court overturned the High Court’s decision and found the accused guilty.

Answer 12

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. The court expanded the meaning of the phrase to include physical damage and damage caused to the cargo within the ship.

Answer 13

Courts also refer passages and materials from text books and articles and papers published in the journals. These external aids are very useful tools not only for the proper and correct interpretation or construction of statutory provision, but also for understanding the object of the statute, the mischief sought to be remedied by it, circumstances in which it was enacted and many other relevant matters.

Answer 14

Pepper v. Hart (1993) “The reference to Parliamentary material should be permitted as an aid to the construction of legislation which is ambiguous or obscure or literal meaning of which leads to absurdity.” .

Answer 15

Fazal Ali, J., admitted Parliamentary History including the speech of the minister introducing the bill as evidence of the circumstances which necessitated the passing of the Act.

Answer 16

In the construction of statutes it is, of course at all times and all circumstances permissible to have regard to the state of things existing at the time the statute was passed and to the evils which appear from the provisions, it was designed to remedy.

Answer 17

Commr. of Income Tax, M.P. v Socha Devi (1958) When the words used are ambiguous that they would stand to be examined and construed in the light of the surrounding circumstances.

Answer 18

The psychiatric injury which was caused by silent telephone calls was held to amount to “assault” or “bodily harm” under sections 20 and 47 of the Offence Against Person Act,1861 in the light of the current scientific appreciation of the link between the body and psychiatric injury.

Answer 19

The data stored in a computer disc, a technique not known in 1978 amounts to “indecent photograph” within the meaning of section 1 of the Protection of Children Act,1978 which penalizes taking or distribution of indecent photograph of children under the age of sixteen.

Answer 20

SC, while upholding the constitutionality of death penalty, observed that Constitutional Law also raises economic, social, moral and political problems. And along with the history, the recent developments shall also be taken into account

Answer 21

Reference to the decisions of the US SC for interpreting Art.19(1)(a) of the Constitution of India is allowed.

Answer 22

Bhagwati J. in National Textile Workers Unoin v. P.R. Ramakrishnan (1983)

Answer 23

It was observed that the word “employee” defined in section 2(e) of Payment of Gratuity Act is to be construed by referring to other Labour Enactments dealing with the same subject.

Answer 24

Rev. Stainslaus v. State of M.P. (1977)

Answer 25

AR Antulay v RS Nayak

Answer 26

Pratab Singh v. State of Jharkhand (2005)

Answer 27

Vishakha v State of Rajasthan Court referred to CEDAW and prepared guidelines on sexual harassment of women at workplaces. CASE 4: DK Basu v State of West Bengal court referred to UDHR, ICCPR and ICESCR. CASE 5: Bachpan Bachao Andolan Case Child rights convention was referred to by SC