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PRABHAT SINGH

A051

TYBALLB

TOPIC- INTERNAL AIDS TO INTERPRETATION: ANALYSIS OF CASES

INTRODUCTION

Traditionally, all the writers on interpretation of statutes consider the preamble, title, heading,
marginal notes, punctuation, illustrations, definitions, proviso, explanation etc. as internal aids.

By a long catena of decisions, it is now well settled that preamble is not a part of enactment. It
is a recital to the intent of the legislature as it enumerates the mischief’s to be remedied.
Though it is considered as a key to the construction of the statute, whenever the enacting part
is open to doubt, it cannot restrict or extend the enacting part when the latter is free from
doubt. However, in India, it is well settled in the field of constitutional law that the preamble to
the Constitution of India and Directive Principles of State Policy are the guidelines for
interpreting the constitutional provisions. We will deal with this a little while later. But there is
nothing wrong for Courts to refer to the preamble as well as the title of the Act in construing
the statute to know the intention of the legislature.

OBJECTIVES

The paper aims to:-

1. To understand the different internal aids that is used for interpretation of statutes.
2. To understand the basic difference between the purpose of internal aid and external
aid.
3. To understand the relevance of this concept in the present scenario.
RESEARCH METHODOLOGY

This is a secondary research based paper, essentially for academic purposes. This article uses
secondary research sources which include Books, Articles, and Blogs, Research papers, videos
and opinions of learner authors.

RELEVENT CASES

1. Poppatlal Shah v. State of Madras, AIR 1953 SC 274


2. M/s. Frick India Ltd. v. Union of India, AIR 1990 SC pp.689, 693
3. Emperor v. Sadashiv, AIR 1947 PC 82
4. Sopher v. Administrator General of Bengal, AIR 1944 PC pp.67, 69

RESEARCH QUESTIONS

1. How preamble to a statute helps in interpretation of the statute?


2. What difference do illustrations make to the interpretation of a statute?

TENTATIVE CHAPTERISATION

1. Introduction
2. Research methodology
2.1 Methodology
2.2 Objectives
2.3 Research questions
2.4 Hypothesis
3. Internal aids to interpretation
4. Legal analysis
5. Role of judiciary
6. Conclusion
Bibliography

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