Académique Documents
Professionnel Documents
Culture Documents
Course Instructors:
Raadhika Gupta
SEMESTER I
2014
CONTENTS
1. Part I
a. General Information 1-2
2. Part II
a. Course Description 2
b. Course Aims and Intended Outcomes 3
c. Grading 3
d. Grades 3
e. Online Resources 5
f. Plagiarism 5
3. Part III
a. Keyword Syllabus 5
4. Part IV
a. Lecture Programmes and Reading Materials 5-16
1
PART I
General Information
The information provided herein is by the Course Coordinator. The following information
contains the official record of the details of the course.
Level:
Pre-requisites: Nil
Pre-cursors: Nil
The above information shall form part of the University database and may be uploaded to
Dspace into the KOHA Library system and catalogued.
2
PART II
A. Course Description
This course introduces students to various theories of judicial process and canons of statutory
interpretation. The aim of the course is to enable students to understand and apply various rules
of interpretation. The course will also engage with various judicial approaches towards the use of
canons of construction and the implications of these approaches.
This course is a cross-cutting one, relevant to the understanding of statutory interpretation and
judicial process in all other law courses. The course also holds relevance for legal practice by
students in future as it aims to improve legal argumentation. Students will learn how to channel
their legal arguments through the use of rules of interpretation, thus learning how to draft good
legal memos as lawyers or write sounds judgments as judges.
The course will also engage with various aspects of legislative drafting. A study of the canons of
construction and their judicial interpretation will reveal how ambiguities in the statute create
difficulties in interpretation. Further, there are inherent limitations of the legislature and the law
making process. Aiming to develop an awareness of these limitations and an understanding of
the rules of interpretation, the course will encourage students to critically think about better ways
of drafting legislative provisions so as to give better guidance to the persons it applies to, law
enforcement officers and judges.
The various theories of judicial process and interpretation will be introduced through the study of
scholarly articles. The cannons of interpretation will be taught through a case based study. The
specific canon will be introduced followed by an examination of cases as examples of the
application of the canon. The emphasis will be on logical reasoning and the ability to apply the
canons to reach a conclusion, instead of the correctness of the conclusion.
3
C. Grading
Mid-semester exam: 20%. To be held in class in the mid-semester week.
Class exercise on legislation drafting: 20%. To be held in class near the end of the semester.
Students must divide themselves in groups of 3 students each for the purpose of this exercise.
Case presentation: 10%. To be held during the last three weeks of the semester. Each student will
select a case involving the use of a canon of construction and make a presentation in class.
End-semester exam: 50%.
4
D. Grades
E. Online Resource
Not all resources available online are authentic and reliable. Therefore, caution must be exercised
before citing online resources. Acclaimed newspapers and academic journals are reliable whereas
websites such as Wikipedia are not always reliable. In case of doubt over whether to rely on a
particular online source, please consult with the instructor.
F. Plagarism
Any idea, phrase, sentence or paragraph borrowed from another [source] must be cited. Strict
action will be taken against those who are found lacking in the aforementioned academic
integrity.
6
PART III
Keyword Syllabus
Recommended Books:
G.P. Singh, Principles of Statutory Interpretation (12th edition 2010, Reprint 2013)
PART IV
Day 1
Andrew Morisson Stumpff, The Law is a Fractal: The Attempt to Anticipate Everything, 44 LOY.
U. CHI. L.J. 649 (Spring 2013)
Exercise: The Case of the Legalistic Child, pg. 14, Some Food for Thought, HOW TO DO
THINGS WITH RULES (William Twinning and David Miers, Cambridge University Press,
2010)
Day 2
When to Interpret
Frederick Schauer, A Critical Guide to Vehicles in the Park, 83 NEW YORK UNIVERSITY LAW
REVIEW 1109 (2008)
Ronald Dworkin, Integrity in Law, in Laws Empire (Universal Law Publishing Co)., pp.225-
250
1
Please note that this syllabus is a guide. It is subject to revision as per the needs of the class and the assessment of
the instructor. The students will be given prior notice of the revisions and the revised syllabus will be emailed to the
students.
8
Ronald Dworkin, Statutes, in Laws Empire (Universal Law Publishing Co)., pp.337-353
Upendra Baxi, The Travails of Stare Decisis in India, in Legal Change: Essays in honour of
Julius Stone (A.R. Blackshield ed.)
Lon L. Fuller, The Case of the Speluncean Explorers, 62 (4), Harvard Law Review (February
1949).
Maharao Sahib Shri Bhim Singhji v. Union of India, AIR 1981 SC 234
1. Literal Rule
G.P. Singh, Principles of Statutory Interpretation, pages 85-113 (12th edition 2010)
Illustrative cases:
M/s. Motipur Zamindary Co. (Private) Ltd. v. State of Bihar, AIR 1962 SC 660
2. Golden Rule
G.P. Singh, Principles of Statutory Interpretation, pages 131- 154 (12th edition 2010)
9
P. St. J. Langan, Maxwell on the Interpretation of Statutes, pages 44-45 (2006 edition)
Illustrative cases:
S.R. Batra & Anr. v. Smt. Taruna Batra (2007) 3 SCC 169
G.P. Singh, Principles of Statutory Interpretation, pages 131- 154 (12th edition 2010)
P. St. J. Langan, Maxwell on the Interpretation of Statutes, pages 137-152 (2006 edition)
Illustrative cases:
This part of the course will discuss the various subsidiary rules of interpretation enumerated
below. The recommended reading is: Vepa P. Sarathi, Interpretation of Statutes, pages 30-236 (5th
ed. 2010). Some of the illustrative cases are also mentioned here.
o Leges posterioris prioris contrarias abrogant (Later laws abrogate earlier laws which
are inconsistent)
WEEK 7: PRESUMPTIONS
This part of the course will discuss the presumptions listed below. The recommended reading is:
Vepa P. Sarathi, Interpretation of Statutes, pages 237-331 (5th ed. 2010). Some illustrative cases
are also mentioned below.
o Craxfords (Ramsgate) Ltd v. Williams & Steer Manufacturing Co., [1954] 1 WLR
1130
o Anotenelli v. Secretary of State, (1998) 1 All ER 997 (CA)
Statutes are not intended to be inconsistent with international law
o ADM, Jabalpur v. Shiva Kant Shukla, (1976) 2 SCC 521
The legislature does not commit mistakes or make omissions
o Nalinakshya v. Shyam Sunder, AIR 1953 SC 148
Presumptions relating to jurisdiction of courts
o Pyx Granite Co. Ltd. v. Ministry of Housing and Local Government, (1960) AC 260
(HL)
o Barraclough v. Brown, (1895-99) All ER rep 239 (HL)
Legislature knows the existing law and does not intend to alter it except by express
enactment
o Abdur Rahim v. Abu Mohd. Barkat Ali, AIR 1928 PC 16
Legislature does not intend what is inconvenient and unreasonable
Internal aids:
Title
Preamble
Headings
Marginal notes
Punctuation
Illustrations
Definitions
Proviso
Explanation
Schedule
Recommended reading: G.P. Singh, Principles of Statutory Interpretation, pages 155-218 (12th
edition 2010, Reprint 2013)
Legal fiction
o Dargah Committee, Ajmer v. State of Rajasthan, AIR 1962 SC 574
o CIT, Bombay v. Amarchand N. Shroff, AIR 1963 SC 1448
Mandatory and directory provisions (may and shall)
o TV Usman v. Food Inspector, AIR 1994 SC 1818
Conjunctive and disjunctive words (or, and)
o Federal Steam Navigation Co Ltd v. Department of Trade and Industry, (1974) 2 All
ER 97 (HL)
o R v. Oakes, (1959) 2 All ER 92
Recommended reading: G.P. Singh, Principles of Statutory Interpretation, pages 364-480 (12th
edition 2010, Reprint 2013)
This part of the course will discuss some of the external aids that may be used to aid
interpretation of a statute as listed below. The recommended reading is: G.P. Singh, Principles of
Statutory Interpretation, pages 219- 355 (12th edition 2010). Some of the illustrative cases are
also mentioned here.
Parliamentary history
o R v. Allen
o Zameer Ahmed Latifur Rehman Sheikh v. State of Maharashtra, 2007(6) BomCR 294
Historical facts and surrounding circumstances
Later social, political, scientific and economic developments
o R v. R, (1991) 4 All ER 481
Dictionaries
Foreign decisions
o MV Elisabeth v. Harwan Investment & Trading Pvt. Ltd., AIR 1993 SC 1014
Reference to other statutes (Statutes in pari materia)
o Thiru Manickam & Co. v. State of Tamil Nadu, AIR 1977 SC 518
Effect of Usage and Practice; Contemporanea Expositio
o N Suresh Nathan v. Union of India, AIR 1992 SC 564
G.P. Singh, Principles of Statutory Interpretation, pages 809-848 (12th edition 2010,
Reprint 2013)
Illustrative cases:
G.P. Singh, Principles of Statutory Interpretation, pages 865-968 (12th edition 2010,
Reprint 2013)
Illustrative cases:
G.P. Singh, Principles of Statutory Interpretation, pages 865-968 (12th edition 2010,
Reprint 2013)
Illustrative cases:
WEEK 11:
While discussing concepts in judicial process, the rules of interpretation and internal and
external aids, we will also be thinking about how this knowledge helps us in improving
legislative drafting. This week will enable the students to apply this knowledge in a
legislative drafting exercise. A demonstration exercise will be held before the assessment
exercise. Students may refer to the chapter on legislative drafting in Vepa P. Sarathi,
Interpretation of Statutes, pages 702-715 (5th ed. 2010).