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Sathyabama Institute of Science and Technology LL.B - LL.B SAL1652 Interpretation of Statutes Syllabus

Sathyabama Institute of Science and Technology School of Law

SAL1652 INTERPRETATION OF STATUTES
L T P Credit Total Marks
4 1 0 4 100

UNIT 1 – INTRODUCTION 15Hrs.
Law Making: Legislature, Executive and the Judiciary - Principle of Utility - Law and Public Opinion - Law and Social
Control - Relevance of John Rawls and Robert Nozick - individual interest to community interest - Law and Morals – Meaning,
objectives and scope of interpretation‟, “construction” and “statute” – Public opinion and law making.

UNIT 2 – NATURE AND KINDS OF INDIAN LAWS 18Hrs.
Statutory, Non‐statutory, Codified, Uncodified, State‐made and State‐recognized laws – Parts of a Statute -
Commencement, operation and repeal and revival of statutes - Purpose of Statutory Interpretation – Sources of Statutory
Interpretation – The General Clauses Act, 1897: Nature, Scope and Relevance – Definition clauses in various legislations:
Nature and Imperative Role.

UNIT 3 – PRINCIPLES & RULES OF STATUTORY INTERPRETATION 18Hrs.
Literal and Logical Rules of Interpretation – Legalism and Creativity – Legal Language, Legal Riddles and Logic –
Golden Rule and Mischief Rule – Rule of Harmonious Construction – Maxims- Strict construction of Penal Laws and Taxation
Laws – Judicial Activism, Judicial Process and Judicial Restraint- Internal Aids and External Aids of Interpretation

UNIT 4 – PRINCIPLE OF CONSTITUTIONAL INTERPRETATION 17Hrs.
Interpretation of Constitution – Principles and Theories - Preamble as a tool – Reading Directive Principles and
Fundamental Duties with Fundamental Rights – Interpretation of International Instruments – Presumptions- Presumption
against: established jurisdiction - exceeding territorial nexus - ouster of jurisdiction of courts - changes in common law -
including what is inconvenient or unreasonable - intending injustice or absurdity - retrospective operation of Law -violation of
international law - Presumption on favor of constitutionality of a statute.

UNIT 5 – LEGISLATIVE DRAFTING 17Hrs.
Principles and Process of Legislative Drafting - Simplicity, Preciseness, Consistency, Alignment with Existing law,
Brevity – Drafting General Laws – Special Laws – Rules – Orders Max.85 Hrs.

COURSE OUTCOME:
On completion of the course the student will be able to
CO1:Understand the general structure of statutes.
CO2: Apply the various theories of interpretation and techniques relevant to the interpretation of enacted law and case law.
CO3: Provide Student with a thorough understanding of the various principles and theories.
CO4: Emphasized to provide Student with the ability to understand the nature of constitutional interpretation and to understand
and apply the principles of judicial precedent.
CO5:Student familiarized with Legal drafting, legal concepts and terminology commonly encountered in statutes and law
reports.
CO6: This Course will equip the Student with the required Professional Skills

TEXT/ REFERENCE BOOKS
1. G.P. Singh, Principles of Statutory Interpretation, Lexis Nexis Butterworths Wadhwa, Nagpur, 12th ed., 2010.
2. G.P. Singh, Principles of Statutory Interpretation (also including General Clauses Act, 1897 with notes), Lexis Nexis
Butterworths Wadhwa Nagpur, 13th ed., 2012.
3. Avatar Singh and Harpreet Kaur, Introduction To Interpretation Of Statutes, Lexis Nexis Butterworths Wadhwa
Nagpur, 4th ed., 2014.
4. NS Bindra, Interpretation of Statutes, Lexis Nexis Butterworths Wadhwa Nagpur, 11th ed., 2013.
5. M.P Tandon, Interpretation of Statutes, Jain Book Agency, 11th ed., 2013.

END SEMESTER EXAMINATION QUESTION PAPER PATTERN
Max. Marks:100 Exam Duration: 3 Hrs.
PART A: 6 Questions to be answered out of 8 questions and each question carries 5 Marks 30 Marks
PART B: 4 questions to be answered out of 8 questions (Internal Choice) and each question carries 10 Marks 40 Marks
PART C: 2 Questions/Problems to be answered out of 4 questions/problems and each carries 15 marks 30 Marks