Skip to content
Theory paper

Interpretation of Statutes

Examined on Interpretation of statutes — rules developed by the courts, General Clauses Act 1897, Constitution of India, Article 367. Most of this subject is judge-made: the literal, golden and mischief rules, the subsidiary rules of language, and the presumptions courts bring to every statute. Each rule is taught from the Indian and English decisions that state it.

This page is the map of the paper: every syllabus unit, the leading cases with full summaries, and the exam questions the paper actually sets.

Units

  1. Unit 1 · The Primary Rules: Literal, Golden and Mischief — The literal, golden and mischief rules, purposive construction, ut res magis valeat quam pereat, and how courts choose between the rules
  2. Unit 2 · Subsidiary Rules and Construction by Subject Matter — Noscitur a sociis, ejusdem generis and reddendo singula singulis; restrictive and beneficial construction; taxing, penal and welfare statutes; mandatory and directory provisions; substantive and procedural law
  3. Unit 3 · Presumptions in Statutory Interpretation — The presumptions a court brings to a statute — validity, territorial operation, jurisdiction, against inconvenience or absurdity, against intending injustice, and against impairing obligations or permitting advantage from one’s own wrong
  4. Unit 4 · The General Clauses Act, 1897 — The General Clauses Act 1897 and Article 367 of the Constitution — definitions, the effect of repeal, commencement, and the powers implied in a statutory power

Leading cases in this paper

Exam questions

Where it sits

Statutes