When can the Preamble be used as an aid to interpretation of a statute?
CA Intermediate · Corporate and Other Laws · MTP · September 2024
When can the Preamble be used as an aid to interpretation of a statute?
Suggested Answer and Working Notes:
Preamble merely affords help in the matter of construction, if there is an ambiguity in the law. Courts refer to the preamble as an aid to construction in the following situations: Situation 1: Where there is any ambiguity in the words of an enactment the assistance of the preamble may be taken to resolve the conflict. Situation 2: Where the words of an enactment appear to be too general in scope or application then courts may resort to the preamble to determine the scope or limited application for which the words are meant.
Topics: Interpretation of Statutes
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