Discuss the importance of 'Illustrations' for interpretation of statutes.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2021
Discuss the importance of 'Illustrations' for interpretation of statutes.
Answer & Explanation:
"Illustrations attached to sections are part of the statute and they are useful so far as they help to furnish same indication of the presumable intention of the legislature. An explanation is at times appended to a section to explain the meaning of words contained in the section. It becomes a part and parcel of the enactment. But illustrations cannot have the effect of modifying the language of the section and they cannot either curtail or expand the ambit of the section which alone forms the enactment. The meaning to be given to an 'explanation' must depend upon its terms, and 'no theory of its purpose can be entertained unless it is to be inferred from the language used." (Lalla Ballanmal v. Ahmad Shah, 1918 P.C. 249). An explanation, normally, should be so read as to harmonise with and clear up any ambiguity in the main section and should not be so construed as to widen the ambit of the section. It is also possible that an explanation may have been added ex abundanti cautela to allay groundless apprehension.
Topics: Interpretation of Statutes
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