Interpretation of Statutes & Principles of Legislation LLB Syllabus Revision Notes Lecture - Part 1

00:00 - Intro

00:14 - Contents
What is a Statute?
How are Statutes Enacted?
Bentham’s Principle of Utility
Classification of Statutes
Based on Duration
Based on Nature of Operation
Based on Objective
The Need for Interpretation
Salmond's Views
Denning's views
Situations when interpretation may be required
Interpretation & Construction - Difference

00:46 - Activity - Importance of Punctuation in Statutes
How the absence of the presence of a comma can completely change the meaning of a sentence.

02:30 - What is a Statute ?
A statute is the will of the Legislature - Maxwell
A statute is the written will of the Legislature - Crawford
Enactment of a legislative body expressed in a formal document - Collins Dictionary
All Statutes are Laws, but all Laws are not Statutes.
Article 13(a) - ‘Law’ includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law.

04:32 - How are Statutes Enacted ?
The need for a new Law or an amendment of an existing Law
Drafting of the Bill
Draft is reviewed and approved by the Minister in charge
Notice to the member of the relevant house
Introduction of the draft bill in either house of the Parliament
First Reading - Title and main objectives
Publication of the bill in the official gazette
Second Reading - Discussion, Committee stage, Consideration
Third Reading & Voting - Accept or Reject the Bill as a whole
Sent to the other House for a similar process
Bill sent back to previous house if amendments are suggested
Joint Sitting in case of disagreement or delay exceeding six months
Presidential Assent - Give assent, Withhold assent, Reconsideration
Gazette Notification and Commencement

08:02 - Bentham’s Principle of Utility - Creation of Legislation
“It is the greatest happiness of the greatest number (of people), that is the measure of right and wrong”
While making laws, the utility of the maximum number of people is taken into consideration.

09:51 - Classification of Statutes - Based on Duration
Perpetual
Temporary

11:18 - Classification of Statutes - Based on Nature of Operation
Prospective
Retrospective
Directive
Mandatory

12:52 - Classification of Statutes - Based on Objective
Codifying
Declaratory
Remedial, Curative or Validating
Amending
Consolidating
Enabling
Prohibitory, Disabling or Restraining
Penal
Permissive
Repealing

19:02 - The Need for Interpretation - Salmond's Views
‘The essence of law lies in the spirit, not its letter, for the letter is significant only as being the external manifestation of the intention that underlies it’
‘Interpretation or construction is the process by which the Courts seek to ascertain the meaning of the legislature through the medium of the authoritative forms in which it is expressed.’

20:18 - The Need for Interpretation - Denning's views
‘It is not within human powers to foresee the manifold sets of facts which may arise; and that; even if it were, it is not possible to provide for them in terms free from all ambiguity. The English language is not an instrument of mathematical precision.’ - Denning L.J in Seaford Court Estates Ltd v Asher, (1949)
Interpretation is the process by which the courts determine the meaning of a statutory provision for the purpose of applying it to the situation before them.

21:05 - Situations when interpretation may be required
Ambiguity
Vagueness
Absurdity
Conflicting Statutes
Gaps in the Law
Changes in Society and Technology
Case Law Development
Application to Specific Cases
Use of undefined terms
Drafting Errors
New Evidence of Legislative Intent

23:30 - Interpretation & Construction - Differences
Interpretation
Focuses on determining the meaning
Examines the language, its context, and its purpose - i.e. the literal meaning of the text.
Can be used to clarify the meaning of ambiguous language, to resolve conflicts between different provisions of a statute.

Construction
Focuses on giving effect to the meaning.
Considers the purpose, the context in which it was enacted, and the consequences of different possible interpretations.
Can be used to determine whether a particular case falls within the scope of a statute, to resolve conflicts between different statutes, and how a statute applies to new or unforeseen situations.