Historical facts and surrounding circumstances

Historical facts and surrounding circumstances

Apart from the various external aids discussed above, courts while interpreting a statutory provision, can take into account relevant historical facts or history of enactment in order to understand the subject matter of statute. Court can also have regard to the surrounding circumstances which existed at the time of passing of the statute. But, like any other external aid, the inference from historical facts and surrounding circumstances must give way to the clear language employed in the enactment itself. In this regard, Supreme Court in Mohanlal Tripathi v. Distt. Magistrate Rail Bareilly and others, (1992) 4 SCC 80, has observed:

“Value of ‘historical evolution’ of a provision or ‘reference’ to what preceded the enactment is an external aid to understand and appreciate the meaning of a provision, its ambit or expanse has been judicially recognized and textually recommended. But this aid to construe any provision which is ‘extremely hazardous’ should be resorted to, only, if any doubt arises about the scope of the section or it is found to be ‘sufficiently difficult and ambiguous to justify the construction of its evaluation in the statute book as a proper and logical course and secondly, the object of the instant enquiry’ should be ‘to ascertain the true meaning of that part of the section which remains as it was and which there is no ground for thinking of the substitution of a new proviso was intended to alter’.” (para 7)

This rule of admissibility permits recourse to historical works, pictures, engraving and documents where it is important to ascertain ancient facts of a public nature.

Recently, Supreme Court while dealing with the Dental Act, 1948 in Dental Council of India v Hariprakash, (2001) 8 SCC 61 has observed:

“The Act is a pre constitutional enactment but it has application in the post constitutional era also. When interpreting such an enactment, we have not only to bear in mind the historical background leading to the legislation and the amendments effected therein, but also various aspects covered by it”. (para 3.1)

It is apparent from this discussion that historical facts and surrounding circumstances are also relevant facts to be taken into account by the Court as external aids for interpretation of statutes.

Reports of Parliamentary Committees and Commissions

Reports of Parliamentary Committees and Commissions

Reports of Commissions including Law Commission or Committees including Parliamentary Committees preceding the introduction of a Bill can also be referred to in the Court as evidence of historical facts or of surrounding circumstances or of mischief or evil intended to be remedied. Obviously, courts can take recourse to these materials as an external aid for interpretation of the Act. Though, the Supreme Court of India refused to take recourse to the Report of the special Committee which had been appointed by the Government of India to examine the provision of the Partnership Bill for construing the provisions of the Partnership Act, 1932 in CIT, A.P. v Jaylakshmi Rice and Oil Mills Contractor Co., AIR 1971 SC 1015, yet in another case Haldiram Bhujiawala and another v Anand Kumar Deepak Kumar and another, (2000) 3 SCC 250, the Supreme Court took recourse to the very same report of the Special Committee (1930-31) for construing the provisions of section 69 of the Partnership Act, 1932. The Supreme Court in the above case held that decision in CIT v. Jaylakshmi Rice & Oil Mills (supra) in this respect is no longer good law. Law Commission’s Reports can also be referred to where a particular enactment or amendment is the result of recommendations of Law Commission Report. (see Mithilesh Kumari v Prem Behari Khare, AIR 1989 SC 1247).

Similarly, the Supreme Court in Rosy and another v State of Kerala and others, (2000) 2 SCC 230 considered Law Commission of India, 41^st Report for interpretation of section 200 (2) of the Code of Criminal Procedure,1898.

The above discussion obviously indicates that parliamentary material including committees and commission reports are admissible external aid for interpretation of statutory provisions.