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The Maharaja Sayajirao University of Baroda Faculty of Law Year: Second year Paper Code: Semester: II semester Subject: Interpretation of Statutes (Core) Objective: 1. Legislation is the main source of law of the modern era. Legislation enacts law after many deliberations. With the emergence of legislation, Interpretation of Statutes has become a method by which the judiciary explores the intention behind the statutes. 2. The course explains to the students the various methods used for judicial interpretation in construction of words, phrases and expressions. Unit 1: Principles of Legislation and Meaning of Interpretation of Statutes 1.1 Principles of Legislation 1.1.1 Law making- the legislature, executive and the judiciary 1.1.2 Principle of Utility: Relevance and operation of the theories of John Rawls and Robert Nojick- Individual interest to community interest 1.2 Meaning of Interpretation of Statutes 1.2.1 Meaning and nature of the term ‘Statutes’ 1.2.2 Statute vis-à-vis Common Law 1.2.3 Classification of Statutes 1.2.4 Difference between Interpretation and Construction Unit 2: Rules of Interpretation and Related Maxims 2.1 Literal Rule 2.2 Golden Rule 2.3 Mischief Rule Unit 3: Aids to Interpretation 3.1 Intrinsic Aids to Interpretation 3.2Extrinsic Aids to Interpretation Unit 4: Presumptions and Subordinate Principles 4.1 Presumptions 4.1.1 Presumption against alteration in common law 4.1.2 Statutes are valid 4.1.3 Statutes are territorial in operation 4.1.4 Presumption as to jurisdiction 4.1.5 Presumption against what is inconvenient or absurd 4.1.6 Presumption against intending injustice 4.1.7 Presumption against permitting advantage from one’s own wrong 4.1.8 Presumption against Retrospectivity 4.2 Subordinate Principles 4.2.1 Statutes in Pari material 4.2.2 Interpretation of words 4.2.3 Ejusdem Generis 4.2.4 Noscitur a Sociis 4.2.5 Bonam Partem 4.2.6 Reddendo Singula Singuli 4.2.7 Legal Fiction 4.2.8 Construction of Disjunctive and Conjunctive words Unit 5: Interpretation with reference to subject matter and purpose 5.1 Restrictive and Beneficial Construction 5.1.1 Taxing statutes 5.1.2 Penal Statutes 5.1.3 Welfare legislations 5.2 Interpretation of Directory and Mandatory provisions 5.3 Interpretation of Delegated Legislation Unit 6: Principles of Constitutional Interpretation and Expiry and Repeal of Statutes 6.1 Principles of Constitutional Interpretation 6.1.1 Harmonious construction 6.1.2 Doctrine of Eclipse 6.1.3 Doctrine of Severability 6.1.4 Doctrine of colourable legislation 6.1.5 Doctrine of Pith and Substance 6.2 Expiry and Repeal of Statutes: Principles 6.2.1 Perpetual and Temporary Statutes 6.2.2 Effect of expiry of temporary statutes 6.2.3 Express and Implied Repeal of Statutes 6.2.4 General principles of Repeal 6.2.5 Consequences of Repeal PSDA: Professional Skill Development Activities: i. Reading the judgments of Supreme Court of India and High Courts to understand interpretation of statutes ii. Understanding and reading statutes and interpreting them Mode of Transaction: Lecture method with the use of power point presentations References: th 1. Avtar Singh and Harpreet Kaur, Introduction to Interpretation of Statutes ( LexisNexis, 4 edition 2014) th 2. Langan, Maxwell on Interpretation of Statutes (LexisNexis, 12 edition 2010) 3. Justice G.P.Singh, Principles of Statutory Interpretation Including the General Clauses Act, 1897 with Notes (LexisNexis, 2012) 4. Vepa Sarathi, Interpretation of Statutes (Eastern Book Co., 2015 edition 2015) 5. K. P. Chakravarty, Interpretation of Statutes (Jain Book Agency, 3rd Edn. 2014) 6. M.P. Tandon, Interpretation of Statutes and Legislation (Allahabad Law Agency, 2015) 7. P.M. Bakshi, Statutory Interpretation of Statutes (Orient Publishing House, 1st Edn, 2008) 8. Jeremy Bentham, Bentham's Theory of Legislation: Being Principles de Legislation and Traites de Legislation (Palala Press, 2016)
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