Category: Interpretation of Statutes

Parliamentary History As An External Aid Of Construction

By Anonymous INTRODUCTION While interpreting a statute true intent of the legislature shall have to be gathered and deciphered in its proper spirit having due regard to the language used therein. Where language is clear, external aid for construction is not required. External aids are relevant only when the language […]

The Maintanence and Welfare of Parents and Senior Citizens Act, 2007

By Sunit Kumar Mondal, GNLU Editor’s Note: This paper presents an analysis to the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The legislation for the welfare of the Parents and Senior Citizens came into place with the development of the provisions of Article 41 with Entry 23 of the Concurrent List […]

Article Review: Do Theories of Statutory Interpretations Matter?

Satwik Singh WB NUJS “Editor’s Note: The author analyses Daniel A. Farber’s article on ‘Do theories of Statutory Interpretations matter?’” INTRODUCTION In this article the author Daniel A. Farber deals with one of the most oldest and significant debates of the Jurisprudential world. The debate is between the positivist school […]

Exclusive Jurisdictional Clause in Commercial Contracts

Naman Verma RMLNLU, Lucknow “Editor’s Note: The paper deals with the exclusive jurisdictional clause in Commercial Contracts in light of Section 28 of the Indian Contract Act, 1872. It has been decided time and again that exclusive jurisdictional clauses are not opposed to Section 28 of the Contract Act. The […]

The Golden rule of Interpretation

By Shraddha Agrawal Editor’s Note: The golden rule is that the words of a statute must prima facie be given their ordinary meaning. It is yet another rule of construction that when the words of the statute are clear, plain and unambiguous, then the courts are bound to give effect […]

The Corfu Channel Case

By Aarti Goyal, UILS, Chandigarh Editor’s Note: The general principles of International law are among the sources of national and International Law, which have long been recognized and applied in disputes. The Corfu Channel case addressed the question of civil liability of Albania, which had placed mines within its sovereign waters […]

Mischief Rule of Statutory Interpretation

By Subhyanka Rao, RMLNLU Editor’s Note:  The Mischief Rule is a certain rule that judges can apply in statutory interpretation in order to discover Parliament’s intention. The application of this rule gives the judge more discretion than the literal and the golden rule as it allows him to effectively decide on […]

Originalist Theory of Interpretation: A Comparative Analysis between India and the US

By Aditi, WBNUJS Editor’s Note:  Originalist Theory of Constitutional Interpretation is one of the oldest and most basic theories of Interpretation that advocates the interpretation of constitutional text in accordance with the meaning and intention that was accorded to it during its formulation.Even to this day, originalism finds a favourable environment, […]