[0:01]Hello friends, this is Sanjeev. This is part two of the series where I'm covering interpretation of statutes and the principles of legislation as per the standard LLB syllabus.
[0:11]The complete playlist for this series is available on the LawMint YouTube channel.
[0:16]In the previous video, we discussed about what are statutes, the type of statutes, classification of statutes, the difference between interpretation and construction, and also the need for interpretation of statutes.
[0:27]When you have to interpret a statute, the courts will make use of some internal and external aids to interpretation.
[0:34]What are these AIDS? AIDS are things that help or assist in any task. For example, tools like a spanner or a screwdriver are the aids that you will use in repairing something.
[0:46]Or a calculator is an aid that you will use in solving a mathematical problem.
[0:51]So, the aids to interpretation are all those things that help you in both interpretation and construction of statutes.
[0:59]AIDS can be internal or external. All those things that can be found inside the statute itself are internal AIDS. We can also refer to these as parts of the statute.
[1:11]Everything else that can be used to interpret a statute, but is not available inside the statute itself is an external aid to interpretation.
[1:21]So, everything inside a statute is an internal aid and anything outside is an external aid to interpretation.
[1:27]You can pause the video here and quickly read through these two lists. In this video, we will cover all of the internal aids and in the next video, we will cover all the external aids.
[1:39]Before we start, you should remember that it is not mandatory that all statutes must have all of these parts.
[1:46]Some statutes may not have a preamble, some may not have marginal notes, some may not have any illustrations.
[1:54]This is because the laws that we use were authored by various people at various times.
[2:00]So, the format used depended on how diligent and thorough the author was.
[2:04]However, most of the recent acts do follow a relatively standard format.
[2:09]And also remember that it is not mandatory that only one aid should be used in the interpretation.
[2:15]Courts can use multiple aids at the same time to interpret statutes.
[2:20]The first set of internal aids to interpretation are the title, the short title and the preamble of the act.
[2:27]The actual title of the act can be a little lengthy.
[2:30]For example, the full title of the CPC is an Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.
[2:41]The title can usually help in understanding the main subject matter, the scope and the purpose of the act.
[2:47]Because the full title is lengthy, most acts will have a short title, which is the normal title that is used to refer to the act.
[2:56]As such, the short title does not have any significant value in interpretation.
[3:01]Some acts may also have a preamble, which will provide better context and also summarize the purpose of that.
[3:09]The preamble of the Indian Constitution summarizes the main purposes of the Constitution and it indicates the basic structure that should be maintained.
[3:19]The preamble of the CPC does not add anything significantly more than the long title.
[3:24]He just says that this is an act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.
[3:31]How do the title and the preamble of the act help in interpretation?
[3:36]Well, both of these clearly specify that this act is applicable on civil courts only.
[3:43]So, if there is or was any confusion regarding the applicability of the CPC or any of its sections to any situation, we can use the title and the preamble for clarification.
[3:54]If it is a criminal case, CPC may not be applicable. If it is a civil case, CPC may be applicable.
[4:02]A point to remember here is that while the preamble can help us in understanding the objectives of the statute, it will not limit or extend the statute.
[4:13]If the provisions of the statute are already clear and unambiguous, the preamble cannot be used to change its scope.
[4:20]For example, if there was some section of the CPC which clearly states that this statute will not be applicable on specific type of civil cases, then the preamble cannot be used to override such sections or provisions.
[4:35]Headings, sub-headings and chapter titles are useful in understanding the objectives of that part of the statute or that group of sections or that chapter.
[4:51]In fact, they can be considered as the preamble to that chapter or that group of sections.
[4:55]Here again, the ground rule is that if the sections are clear and unambiguous, then the headings and the titles cannot be used to increase or decrease the scope of the sections.
[5:04]The courts have repeatedly ruled that the headings and titles should be used for interpretation or construction only if there is a doubt or ambiguity in the actual sections or provisions.
[5:17]In general, marginal notes are not given too much importance in the interpretation of statutes.
[5:25]However, they are useful in some situations. For example, if the words of a section are open to more than one interpretation, then marginal notes can sometimes be used to resolve the ambiguity or to reinforce an interpretation.
[5:40]Or if a section is very complex, then the marginal notes may be used to understand the overall context of the provision.
[5:48]Now here, it is very important to understand whether the marginal notes were part of the original bill, which means that they were vetted and approved by the legislature, or they were added subsequently.
[6:01]If they were part of the original bill, it means that the legislature reviewed these marginal notes as well.
[6:07]So, the marginal notes will have more importance. But if they were subsequently added after the Parliament passed the act, then the marginal notes will have very minimal impact in the interpretation of statutes.
[6:21]Definitions and interpretation clauses are very important since they define the terms used in the statute and they help in significantly reducing the ambiguity about the application of the statutes.
[6:33]Definitions or interpretations can be restrictive, or they can be expansive.
[6:40]For example, a restrictive definition may say that the term car means a four-wheeled car only.
[6:47]And an expansive definition may say that the term car includes vehicles with any number of wheels.
[6:54]So, cars with three, four or six wheels are also covered by the statute.
[6:59]Illustrations are examples which show how the statute can be implemented.
[7:03]They are not part of the law itself, but they can help in explaining what the law means by showing how it might be applied in a real life situation.
[7:13]Here, the illustrations are helping us understand that if A says this, then this is how the statute will be applicable.
[7:20]But if A says this, then this is how the statute will be applicable.
[7:26]Illustrations cannot increase or decrease the scope of a section.
[7:30]Exceptions tend to narrow down a broad general section.
[7:35]They specify situations when an otherwise general rule does not apply.
[7:40]For example, a statute may say that the speed limit for cars on a road is 80 km per hour.
[7:47]And the exception may say that the speed limit for three-wheeled cars cannot exceed 60 km per hour.
[7:54]So, the general 80 km speed limit will not apply in this exceptional case.
[7:59]Provisos are conditions or qualifications attached to specific sections in a statute.
[8:05]As we can see in this example, there are four provisos, which are stating situations where this section will not be applicable.
[8:13]Now, you will see that provisos seem to be very similar to exceptions, because exceptions also state situations where a section is not applicable.
[8:21]So, why are these called provisos and not exceptions?
[8:25]Well, there is a difference. While an exception narrows down the application of a general rule, a proviso carves out specific conditions.
[8:35]Using our car speed limit example, the section may say that the speed limit for cars is 80 km per hour.
[8:43]The exception may say that if the car only has three wheels, then the speed limit is 60 km per hour.
[8:49]And the proviso may say that this exception will not apply if the car is being used as an ambulance.
[8:55]Which means that the proviso is carving out a specific condition when the section or the exception will not apply or will apply in a different way.
[9:05]So, to summarize, an exception will narrow down the scope such as from four wheels to three wheels, and a proviso will refer to a specific condition or situation, such as when the three-wheeled car is being used as an ambulance.
[9:20]And provisos typically start with provided or provided that.
[9:24]Explanations are part of the statute and very important in the interpretation of sections.
[9:30]They typically clarify on the intent of the section, the meaning of the terms used, and how the section can be applied.
[9:37]An explanation can also expand or reduce the scope of the section. Here, the explanation to section 28 of the Indian Penal Code is clarifying that for something to be counterfeit, it is not essential that it should be an exact copy.
[9:53]The explanation to section 29 is expanding on the scope of the term document by stating that it does not matter what is the substance or the material used to write or what is the substance or material on which the writing is done and whatever may be the purpose.
[10:11]It will still be considered as a document. So, a document can be printed text on paper, or designs carved on a stone, or a photograph of something.
[10:20]All of them will be considered as documents under section 29.
[10:24]Punctuation marks are the symbols used to separate sentences or parts of a sentence and also to convey the intent of the author.
[10:31]Full stop, comma, colon, semicolon, question mark, these are some of the punctuation marks used in English language.
[10:38]In the first sentence, there are no punctuation marks, so the sentence is not clear.
[10:45]It is also ambiguous because it can be interpreted in multiple ways.
[10:49]In the second sentence, the author is stating that he is going, and he is asking the second person if he is coming.
[10:56]And this is clear because of the comma which separates the two parts of the sentence and also the question mark at the end.
[11:03]In the third sentence, the author is stating that he is going and that the second person is also coming with him.
[11:10]He is not asking, it is not a request, it is a statement or a command. This is indicated by the exclamation mark.
[11:17]In the fourth sentence, the author is not sure about anything. He is asking whether he is going and whether the second person is coming.
[11:25]This is indicated by the question marks after each of these sentences.
[11:30]So, you can see that the meaning of the words changes due to the usage of the punctuation marks.
[11:37]In this example, you can see that there is no comma after or stocks and or exhibits, which means that this entire part.
[11:45]Or stocks or exhibits or offers for sale has to be read as a single sentence, which means that simply stocking something is not punishable, or simply exhibiting it is not punishable, but stocking or exhibiting something for sale is punishable.
[12:01]As such, punctuation marks are used for providing clarity on the meaning and intent of the sections, and punctuation marks cannot be used to arbitrarily increase or decrease the scope of a statute.
[12:15]Non-obstante clauses, which are also referred to as not withstanding clauses are used to establish priority or overriding effect over provisions or sections or even entire statutes.
[12:26]They usually start with the words not withstanding, but they can also start with other words, like this one here, which starts with the words nothing contained in this section, which is also a form of a non-obstante clause.
[12:40]To explain this in a simple manner, let us use an example. If there are two provisions or sections or even two statutes that seem to operate on the same subject, then the non-obstante clauses can be used to establish priority.
[12:54]It is like if a section says, you should listen to your teachers, you should listen to your relatives, you should listen to your friends, and then comes the non-obstante clause, which states that not withstanding anything contained in this section, you should listen to your parents.
[13:08]So, the non-obstante clause gives one rule or one law priority over the others, even if those other rules or laws might normally apply.
[13:19]In this statute, this section 9C is referring to a grievance redressal system, which includes a redressal committee.
[13:27]So, it is evident that this redressal committee's purpose is to address the worker's disputes.
[13:33]There are also other provisions or sections in this act that allow workers to raise grievances or disputes.
[13:39]Section 9C subsection 5 is the non-obstante clause that establishes the priority of the worker's right to raise an industrial dispute under other provisions of the act, even if a grievance redressal committee is set up.
[13:54]This clause is prioritizing the worker's rights over whatever is contained in this section.
[14:00]Saving clauses are normally included in new acts that are replacing older acts or in repealing acts, which are repealing an older act either partially or fully.
[14:10]Saving clauses are intended to ensure that all the actions under the older act or any rights created under an older act are not rendered ineffective.
[14:21]For example, if an act gave industries in an area a tenure tax holiday till 2030.
[14:27]But in 2026, a new act is passed that no longer has provisions for tax holidays.
[14:33]What happens to the tax holiday given under the old act and the industries that were set up to take advantage of the tax benefits under the old act?
[14:41]Well, this is where the saving clauses are added in the new act, stating that any tax holidays or tax benefits allowed under the old act will remain valid till their expiry.
[14:54]Conjunctive words are words that are used to connect two or more parts of a sentence or two or more phrases.
[15:01]And require all of them to be true for the overall statement to be true.
[15:06]Some common conjunctive words include, and, both, all, each and every.
[15:12]Disjunctive words are words that are connecting two or more parts of a sentence or two or more phrases and require only one of them to be true for the overall statement to be true.
[15:23]Some common disjunctive words include or, either, neither, nor and none.
[15:30]For example, if I say, you have to submit your PAN card and Aadhaar card, it means that both of them are mandatory because I'm using the conjunctive word and.
[15:41]If I say, you have to submit your PAN card or Aadhaar card, then only one of them needs to be submitted, and you can decide which one you want to submit.
[15:49]This is because I'm using the disjunctive word or.
[15:53]This section 149 is an example of the usage of a conjunctive word, where sub clause A ends with and, which means that both sub clauses A and B are mandatory.
[16:06]This section 299 has examples of usage of a disjunctive word or, where the provision says this or this or this.
[16:16]Which means that only one condition needs to be met.
[16:21]Schedules are supplementary documents attached to a statute to provide additional information or details that are not directly included in the main body of the statute.
[16:31]For example, the Constitution talks about the Union list, the Concurrent list, and the state list of subjects on which the Union, the state or both can legislate.
[16:40]But the actual contents of the lists are not in the article itself. They are included in the seventh schedule, which is around 15 pages in length.
[16:50]Similarly, many statutes have schedules where they provide extra information that helps clarify and give additional details.
[16:58]Since they provide more details and are referenced in the relevant sections or provisions, schedules are normally considered as an integral part of the statute itself.
[17:07]If there is a conflict between the provision and the schedule, then the provision will have to be considered as authoritative.
[17:15]Annexures and appendices are similar to schedules in some ways, but the key difference is that annexures and appendices are usually not referenced in the sections or provisions, and they are more procedural in nature.
[17:30]For example, annexures may include things like forms or formats or additional instructions.
[17:35]Though they are not as important as schedules, annexures and appendices can still provide some context and some help in understanding the details of a statute.
[17:46]This table helps us get clarity on the differences between schedules, annexures and appendices.
[17:52]Schedules provide detailed information or lists essential for the provision. Annexures provide supporting documents or technical specifications and appendices provide additional information or context.
[18:05]Schedules are normally considered to be an integral part of the document itself. Annexures are not integral and appendices are mostly supplementary information only.
[18:16]Schedules are normally referenced in the section or in the provision, like Article 256 of the Constitution references to the seventh schedule of the Constitution.
[18:26]Annexures and appendices are normally not referenced.
[18:39]And with that, we have come to the end of this video. We will cover the external aids to interpretation in the next part.
[18:46]Thank you for your like and subscription. We will continue this series in the next video.
[18:51]Take care and stay safe.
