10 Important External Aids to Interpretation

The interpretation of statutes is an important function of the judiciary to remove ambiguity from the statute or act. The court used internal aids and external aids for the interpretation of the statute. When internal aids to interpretation do not work properly, the court uses the external aids to interpretation.

The help taken from within the statute for interpretation is called internal aids to interpretation whereas the help taken from outside sources for interpretation is called external aids to interpretation. 

Other than the internal aids interpretation, there are some other ads that are not part of the statute. The court, when it thinks that internal aids are not sufficient for the interpretation of a statute, takes the help of these aids which are not a part of the statute.

External aids to interpretation

When the court takes help from outside the statute to interpret any provision of the statute, it is called external aids to interpretation.

The use of dictionaries, textbooks, historical background, legislative history and other materials comes under the external aids to interpretation.

In the case of G Sekar vs Geetha, the Supreme Court of India held that external aids can be used for the interpretation, but external aids cannot prevail over the clear and unambiguous provision of the act.

So let’s discuss each and every external aid of interpretation.

Dictionaries

As per the rule of law, the word used in the statute should be interpreted in its ordinary sense. Dictionary provides the ordinary and natural meaning of a word. 

Use of dictionary as an external aid to interpretation

When a word given under the statute is not defined by the statute itself, the court can refer to the dictionaries to find the simple and general meaning of that word. 

In a situation where the dictionary is providing more than one meaning of a word, the code should always check the scope and object of the act. 

Limitation on the interpretation by dictionaries

• The dictionary meaning cannot override the clear meaning of a word
• If the statute itself is giving the definition of a word, the dictionary meaning cannot override that definition. 

Textbooks

The court has the power to accept or reject the meaning given in the textbooks. 

In the case of Kesavananda Bharati vs the State of Kerala, there were large numbers of textbooks referred to in the case. The Supreme Court gave its majority opinion that it is the discretionary power of the court to follow the opinion quoted under the textbooks because the meaning given in the textbooks is their opinion of the jurist and scholars.

Historical background

In 1584, the court gave four rules in Heydon’s Case, these rules were

• What was the common law before the making of the act?
• What was the mistake in common law?
• What remedy is provided by the law?
• What was the true reason behind the remedy?

These are the four questions that should be kept in mind while using the historical background as an external aid to interpretation. These questions help the court to identify the true intention of the legislature behind the enactment of the act. 

In the case of Express Newspapers private limited vs union of India, the Supreme Court of India clearly said that the history of the legislation should be looked at by the court in case of ambiguity in the act. 

Legislative history

The legislative history is considered as drafting of the bill, debates and amendments done for the act. 

In the past, the court used to look at the legislative history of the statute while interpreting the statute. The reason behind this was to know the true intention of the legislature. 

But in the present time, the use of legislative history as external aid is decreasing. 

In AK Gopalan vs the State of Madras, the Supreme Court clearly said that the debates done in the parliament for a bill cannot be used for the interpretation of the statute. 

In the case of Kesavananda Bharti vs the State of Kerala, many judges were in favour that the speeches in the constituent assembly can be used to find the true intention of the framers of the constitution of India. 

Social, political and economic development

The interpretation of a statute should be done including the circumstances and situations which were not present at the time when the law was made. 

For example, as per the essentials of a valid contract, the acceptance of an offer can be communicated through the letter. But in today’s time, we can communicate acceptance through email or mobile. 

The acceptance done through email and mobile is considered a valid acceptance. However, it was not written in the Act when it was made. 

SP Gupta vs Union of India

It was stated by the Supreme Court of India that a statute must be interpreted by including social, economic and political development. 

Judicial decisions

The decision given in the decided cases is known as judicial decisions the decision given by the Supreme Court of India is binding for all the courts and tribunals in the territory of India. 

Conditions for the use of judicial decisions as external aid

• The decision must be given by the Indian Court
• If the decision is from the foreign Court, it should be ensured that such a foreign country is following the same judicial system as India. 
• If the foreign country is not using the same judicial system as India, the decision of the foreign Court cannot be taken as an internal aid to interpretation. 

Bengal immunity company vs the state of Bihar

The Supreme Court of India held in this case that the previous decisions are binding on all the Courts in India. But the Supreme Court of India is not binding for that decision because the Supreme Court is free to depart from its previous decision for valid reasons. 

Foreign decisions

Most of our state awards are modelled on the previous English statutes. Therefore we have many eggs which are based on English jurisprudence. 

The court can use the foreign decision for the interpretation. But the court will always give preference to the decision given by the Indian courts. 

MC Mehta vs Union of India

The Supreme Court held in this case that the court is not bound by the decisions of the foreign courts. 

References to other statutes

Sometimes it happens that a definition for the meaning of the word is provided in another statute, in that situation the court can take help from another statute for interpretation.

But there are some conditions that should be followed by both the statutes. 

In Pari Materia

• Both the statutes should be dealing with the same subject matter, or
• Both the statutes should be formed from the same system. 

Reference from repealed Act

The reference for the interpretation can be taken from the repealed act. For example, if the court needs to interpret something in the new company act 2013, the court can take the reference from the company Act 1956.

Government publications and reports

There are various types of government publications and reports which talk about the laws. The court can take the help of government publications and report as an external aid for the construction of statutes. 

Other external aids to interpretation

There are other types of external aids to interpretation that can be used by the court to interpret any provision of a statute. 

• Translation

You may have seen that there are many Latin terms used in the law. The court can take the help by translating these Latin terms for a maxim to find the meaning of the word. 

• Internet websites

The code may also use the internet websites as external aids to interpretation.

FAQ related to external aids to interpretation

Conclusion

The interpretation of the statute is important to give the clear meaning of a word and to find the true intention of the legislature. 

When the internal aids to interpretation become incapable of removing the ambiguity from a provision, the court takes the help of external aids to interpretation so that justice can be served. 

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