Law making & Interpretating

The CONSTITUTION OF INDIA is the Fundamental Law of India.  It is the longest written constitution of any nation in the world, containing 395 articles and 12 schedules. Dr B.R. Ambedkar was the Architect of Indian Constitution. The Constitution lays down the basic structure of government under which the people are to be governed. All legislations (also known as statutes / acts / legislatures / enactments) find its authority in Constitution, thus if any LAW enacted is not in conformity with constitution will be regarded as ultra-vires to Constitution thereby invalid and void.

LEGISLATIVE ORGAN:

It consists of Parliament at Central Level & Legislative Assembly at State Level.  As far as passing of bills by Parliament is concerned, there are two types of bills :

1. Money Bills
2. Ordinary Bills

Money Bills:

A bill that deals with imposition, abolition, alteration of any tax. 

Ordinary Bills:

A bill other than money bill.

- A Money Bill can be introduced in Lok Sabha only. If any question arises whether a bill is a Money Bill or not, the decision of speaker thereon is final.

EXECUTIVE ORGAN:

It consists of President+Council of Ministers at Central Level & Governor+Council of Ministers at State Level. It is also known as Delegated Legislation or Subordinate Legislation. It refers to law making power vested with executive by the legislature (also known as Parliament / Legislative Assembly).

Need of Delegated Legislation:

Though passing of laws is responsibility of the legislature and not of executive, yet due to:

• significant social, political and economic changes
• lack of time with legislature to go into every minute details
• flexibility issue (Parliament is not always in session)

The legislature has found itself obliged to delegate quite a bulk of its legislative powers such as issuing of notifications, orders, schemes, circulars to executive organ.

JUDICIARY ORGAN:

The function of Judiciary is to read and interpret the statute.

Interpretation of Law:

Interpretation is the determination of the meaning of writing. It is the process by which a Judge (or indeed any person, lawyer, or layman) constructs from the words of a statute book, a meaning which he either believes to be that of the legislature, or which he proposes to attribute to it, is called 'interpretation'.

Rules of Language:

• Ejusdem Generis: General words following a list of certain specific words are interpreted in the context of the list.
• Expressio Unius: If there are no general words at the end of a list, only things in the list are covered by the legislation.
• Noscitur A Sociis: The meaning of doubtful words may be ascertained by reference to the meaning of words associated with it.

Rules of Interpretation:

• Literal Rule: This rule is also known as natural / grammatical rule of interpretation. Where the words of the statute are clear and unambiguous, they should be given their literal and grammatical meaning.
• Purposive Rule: This rule is also known as the logical rule of interpretation. It says that if the natural interpretation leads to absudity, inconvenience, injustice or evasion, then Court must modify the meaning to such an extent as would prevent such a consequence.
• Mischief Rule: This rule is also known as the Heydon's Rule. It says that Judges must go deep to see the intention of legislature and object of the statute to find out what is the mischief sought to be remedied by the legislature.

Doctorine of Harmonious Construction:

This doctorine requires that while interpreting two inconsistent, or, obviously repugnant provisions of an act, the Courts should make an effort to so interpret the provision as to harmonise them so that the purpose of the Act may be given effect to and both the provisions may be allowed to operate without rendering either of them useless.

Where two sections of an Act contradict to each other to such an extent that both cannot be harmonized, then rule is that, the subsequent section shall prevail over the earlier.

Aids to Interpretation:

Internal Aids (Within the Statute):

• Title
• Preamble
• Headings
• Definitions
• Illustrations
• Explanations
• Provisos

External Aids (Outside the Statute):

• Statement of Objects & Reasons of legislation
• Dictionary
• Common Parlance
• Definition in Other statutes

SOURCES FOR STUDYING LAW:

Acts: 

• indiacode.nic.in
• india.gov.in

Gazette of India:

• egazette.nic.in

Cases:

• Supreme Court Reports
• India Law Reports
• All India Reporter
• Excise Law Times
• Goods & Service Tax