This document outlines the objectives and content of a compulsory law course on law making in the Indian polity and statutory interpretation. The course aims to teach students the process of law making, including constitutional, statutory, subordinate, and judicial law making. It also aims to develop students' ability to understand the intention, philosophy, and societal context behind laws in order to properly apply them. The course content includes the principles and techniques of statutory interpretation, such as primary rules, secondary rules, and the use of dictionaries, statutes, and legislative history. It also covers the interpretation of different types of statutes and the classification of statutes by subject area.
This document outlines the objectives and content of a compulsory law course on law making in the Indian polity and statutory interpretation. The course aims to teach students the process of law making, including constitutional, statutory, subordinate, and judicial law making. It also aims to develop students' ability to understand the intention, philosophy, and societal context behind laws in order to properly apply them. The course content includes the principles and techniques of statutory interpretation, such as primary rules, secondary rules, and the use of dictionaries, statutes, and legislative history. It also covers the interpretation of different types of statutes and the classification of statutes by subject area.
This document outlines the objectives and content of a compulsory law course on law making in the Indian polity and statutory interpretation. The course aims to teach students the process of law making, including constitutional, statutory, subordinate, and judicial law making. It also aims to develop students' ability to understand the intention, philosophy, and societal context behind laws in order to properly apply them. The course content includes the principles and techniques of statutory interpretation, such as primary rules, secondary rules, and the use of dictionaries, statutes, and legislative history. It also covers the interpretation of different types of statutes and the classification of statutes by subject area.
This document outlines the objectives and content of a compulsory law course on law making in the Indian polity and statutory interpretation. The course aims to teach students the process of law making, including constitutional, statutory, subordinate, and judicial law making. It also aims to develop students' ability to understand the intention, philosophy, and societal context behind laws in order to properly apply them. The course content includes the principles and techniques of statutory interpretation, such as primary rules, secondary rules, and the use of dictionaries, statutes, and legislative history. It also covers the interpretation of different types of statutes and the classification of statutes by subject area.
LAW MAKING IN INDIAN POLITY & STATUTORY INTERPRETATION
Objectives: The students shall learn the skills and techniques of understanding the intention and objective of the law and the factors that contribute towards making of the law. Statutory interpretation is intended to imbibe in the students the ability to understand the philosophy behind the law for proper application of the law in the given society. I) Introduction: a) Significance, utility, scope and objective of the course, its theoretical and practical relevance II) Law Making Processes: a) Constitutional Law making b) Statutory Law making &general scheme of legislative drafting. c) Objectives of civil, criminal, commercial and international law. d) Sub-ordinate Law making. e) Judicial Law making. (Its interrelation and significance in delivery of justice and social mobilization) III) Anticipated Goals and Obstacles in implementation of law: a) Law and morals. b) Law and Public Opinion. c) Law and Politico-Economic structure. d) Law and administrative machineries. IV) General Principles of Statutory Interpretation: a) Primary rules, literal rule Golden rule, Mischief rule, rule of harmonious construction, Secondary Rules Noscitur a sociis, Ejusdem generis, Reddeno singular singulis. V) External sources and Internal aids a) Dictionaries, statutes in para materia, contempornea exposition, debates, inquiry commission reports and law commission reports. b) Title, Preamble, Headings, Marginal notes, section and subsections, punctuation marks, illustrations exceptions, provisos, savings clauses, schedules and non obstante clause. VI) Classification of Statutes and Subject wise Interpretation a) Interpretation of Constitutional Law, International Law, as incorporated in municipal Law, Penal statutes and Tax Laws VII) Other Rules of Interpretation a) Presumption in statutory interpretation, Maxims and statutory interpretation. b) Leading cases relating to interpretation of Statute Suggested Readings: 1) 2) 3) 4) 5) 6)
W. Friedmann, Law in a changing Society
C. K. Allen: Law in Making J. Bentham, Principles of Legislation Upendra Baxi (ed) Law ,Liberty, and Morality by Basil Mitchell Law and Public opinion in England: A. V. Dicey Interpretation of Statutes: Bindra N.S.