Unit 4 of Interpretation of Statutes (syllabus: 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). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- What is the nature, object and scope of the General Clauses Act, 1897, and does it apply to the Constitution?
- How does section 3 work, and which of its definitions must be known?
- When does a Central Act come into operation if it says nothing about commencement?
- What is the effect of the repeal of an enactment under section 6?
- How do sections 6A, 7, 8 and 24 keep the statute book working when laws change?
- How are time and distance computed under sections 9 to 12?
- Do words importing the masculine gender include females, and when does that rule give way?
- What do sections 14 to 23 provide about the exercise of statutory powers and the making of subordinate legislation?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- General Clauses Act, 1897, s. Sections 3, 4, 4A, 29 and 30, with Article 367 of the Constitution
- General Clauses Act, 1897, s. Section 3
- General Clauses Act, 1897, s. Section 5
- General Clauses Act, 1897, s. Section 6
- General Clauses Act, 1897, s. Sections 6A, 7, 8 and 24
- General Clauses Act, 1897, s. Sections 9 to 12
- General Clauses Act, 1897, s. Section 13
- General Clauses Act, 1897, s. Sections 14 to 23
Leading cases
- Jugmendar Das v. State (1951)
- Maheshwari Fish Seed Farm v. Tamil Nadu Electricity Board
- Maharaja Chintamani Saran Nath Shahdeo v. State of Bihar AIR 1999 SC 3609
- Commissioner of Income Tax v. Smt. Sodra Devi AIR 1957 SC 832
Full case summaries
- Jugmendar Das v. State (1951)
- Maheshwari Fish Seed Farm v. Tamil Nadu Electricity Board
- Garikapatti Veeraya (1957)