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Compulsory Paper

(Paper-7)

Credits: 4

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.

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