In what way are the following terms considered as external aid in the interpretation of statutes: (i) Historical Setting (ii) Use of Foreign Decisions
CA Intermediate · Corporate and Other Laws · MTP · May 2024
In what way are the following terms considered as external aid in the interpretation of statutes: (i) Historical Setting (ii) Use of Foreign Decisions
Suggested Answer and Working Notes:
(i) Historical Setting: The history of the external circumstances which led to the enactment in question is of much significance in construing any enactment. We have, for this purpose, to take help from all those external or historical facts which are necessary in the understanding and comprehension of the subject matter and the scope and object of the enactment. History in general and Parliamentary History in particular, ancient statutes, contemporary or other authentic works and writings all are relevant in interpreting and construing an Act. (ii) Use of Foreign Decisions: Foreign decisions of countries following the same system of jurisprudence as ours and given on laws similar to ours can be legitimately used for construing our own Acts. However, prime importance is always to be given to the language of the Indian statute. Further, where guidance can be obtained from Indian decisions, reference to foreign decisions may become unnecessary.
Topics: Interpretation of Statutes
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