Paper-IV
Unit-1: Introduction: Difference Between Construction and Interpretation, Concept and Power of Interpretation, Literal Construction, Other principals of Interpretation, General Principals of interpretation: The Primary rule: Literal construction, the other main Principals of interpretation, Reading words in their context: the external aspect, Reading words in context: the statutory aspect.
Unit-2: Beneficial construction and restrictive construction, Consequences to be considered,
Presumption against changes in the common Law, mens rea in statutory offences. Unit-3: Theoretical or ideological approaches to interpretation, Judicial Restraint, Judicial activism, Juristic Restraint, Juristic activism Unit-4: Presumptions regarding jurisdiction. Presumptions against ousting established
jurisdictions, Presumptions against creating new and enlarging established jurisdictions. How
far statutes affect the crown Further presumptions regarding jurisdiction, Territorial extent of
British legislation, How far statutes conferring rights affect Foreigners, Presumption against
violation of International Law.
Unit-5: Construction to avoid collision with other provisions, construction most agreeable to justice and reason, Presumption against intending what is inconvenient or unreasonable, Presumption against intending injustice or absurdity, Presumption against impairing obligations. permitting advantage from ones own wrong. Retrospective operation of statutes. Unit-6: Exceptional Construction, Modification of the Language to meet the intention.
Equitable construction, Strict Construction of penal Laws, Statues encroaching on rights or imposing burdens, Construction to prevent evasion, Construction to prevent abuse of powers. Unit-7: Intentions attributed to the legislature when it expresses none, Imperative and directory and enactments. Absolute and qualified duties, Impossibility of compliance, Waiver. Public and private remedies.
Unit- 8: Rules of statutory interpretation: their judge made character, Legalism and Creativity: Mischief and Golden Rule, Rule of Construction in Fiscal and Criminal Statutes, Technicality: Rules as to necessary and implied repeal: Rule for interpretation of codifying, consolidating and amending statute, Values and Interpretation, countemporaneo exposito, nositur a sociis. Ejusdem Generis
Unit-9: Constitutional interpretation, differentiation from statutory interpretation Rex Vs Burah as example, Literal interpretations, Harmonious construction, Reference to constituent assembly debates, Pith and substance, Occupied field, Residuary power, Repugnancy, Amending power Directive Principles as source of constitutional interpretation, stare decisis, the doctrine has inherited by us, Techniques of innovation (Subversion) of stare decisis, Supreme Court's authority to over rule its own decisions (Eg: Antulay Case), Advisory jurisdiction and its import on precedent, retrospective overruling in India, Objections to judicial review as anti-majoritarian. Unit-10: Principles of legislation: Principles of the civil code, principles of the penal code of punishments.
Books Recommended:
1. D.D. Basu-Limited Government and Judicial Review.
2. Jeremy Bentham: Theory of Legislation, Butterworths Publications. 3. Vepa P. Sarathi: Interpretation of Statutes, Eastern Book Co, Lucknow
4. Maxwell: Interpretation of Statutes, Butterworths Publications.
5. Crawford: Interpretation of Statutes, Universal Publishers, Delhi
6 Chatterjee: Interpretation of Statutes.
7. G.P. Singh: Principles of Statutory Interpretation, Wadhwa and Company, Nagapur.
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