3.06.2010

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The most comprehensive coverage on the construction of Statutes. It includes parts of statutes,Extrinsic-Aids,Intrinsic aids, Reading down, Amendments,Repeals,codifications,Quasi-Judicial agencies,Non-obstante clause,Mandatory/Declatory provisions,Tax ,Beneficial, Criminal,Fiscal Statute's Interpretation and sub-ordinate legislations.Besides it contains the Rules of Interpretation and the Role of Judiciary.Citations are in abundance.



Monday, April 19, 2010

Why Extrinsic Aids


Supreme Court Of India in Grasim Industries Ltd. v Collector of Customs, Bombay, (2002)4 SCC 297 has followed the same principle and observed:

“Where the words are clear and there is no obscurity, and there is no ambiguity and the intention of the legislature is clearly conveyed, there is no scope for court to take upon itself the task of amending or altering the statutory provisions.” (para 10)

For the purpose of construction or interpretation, the court obviously has to take recourse to various internal and external aids. “Internal aids” mean those materials that are available in the statute itself, though they may not be part of enactment.

Intenal/Intrinsic Aids

These internal aids include, long title, preamble, headings, marginal notes, illustrations, punctuation, proviso, schedule, transitory provisions, etc. and have been discussed in chapter-3 as above.

Extrinsic Aids

When internal aids are not adequate, court has to take recourse to external aids. It may be parliamentary material, historical background, reports of a committee or a commission, official statement, dictionary meanings, foreign decisions, etc. These are referred to as Extrinsic Aids.

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