PRINCIPLES OF LEGISLATION &

LEGISLATIVE DRAFTING

Regal Mentor-Mob-9995400709

TOPIC I

PRINCIPLES TO BE FOLLOWED IN LEGISLATIVE DRAFTING.

Legislative drafting is a skillful art. It requires training, experience and equipment. There should be

special skills involved capacity to use the language to suit the occasion and precision, clarity, and

simplicity. At the same time unreasonableness and ambiguity should be avoided. According to Reed

Dickerson, the well-known author of ‘legislative drafting’ a draftsman is like an architect who is

employed in the construction of building.

The drafter is an important link between the executive government and the Legislature or the

parliament of the country.

Good legislative drafting is an art rather than a science and the constraint imposed by the

drafting environment many a times present situation that require deviation from accepted drafting

conventions.

But as a general rule, legislative drafter must follow the accepted norms while drafting a

legislation. Legislative drafting is, therefore, a skill acquired by the drafter through his/ her years of

experience obtained through painstaking labor and work.

PRINCIPLES TO BE FOLLOWED IN LEGISLATIVE DRAFTING

The word principle is derived from the Latin word principium, which seems to be compounded to the

two words primus, means first or chief and cipium, means to take. It is applied to any thing which is

conceived to serve as a foundation or beginning to any series of operations; in some case of physical

operations; but of mental operations in the case of Legislation.'

The evolution of thought on legislation began from the time of the Renaissance and the Reformation

when men turned away from the rule of custom and tradition and took legislation as an instrument of

social and political change. Thereafter many thinkers of 18th century begin to formulate principles of

legislation which were to govern the laws that men could make for themselves.

According to P.M.Bakshi ‘the perfect draftsman has not yet been born. He can exist only in

imagination, and not in reality’. However, a good draftsman ought to bear in mind certain principles

for legislative drafting. It is enumerated as follows:

1. When the draftsman has received instructions for the preparation of a bill, his first step should be to

get a clear understanding of the law as it stands.

BR ATRE, Legislative Drafting (2017 universal publication Haryana, p1)

BR ATRE, legislative drafting, #rd edn, 2003

BR ATRE, Legislative Drafting (2017 universal publication Haryana, p1)

Dr. Nirmal Kanti Chakrabarti, Principal of Legislation and legislative Drafting, (2017,R. Cambray & Co. Private

Ltd.p.25)

2. The draftsman has to equip himself first. The subject matter presented to him must be understood

clearly.

3. The draftsman should ascertain whether there are judicial decisions on matters under consideration

of any custom.

4. A draftsman of legislation of India should have a thorough knowledge of the Constitution of India.

5. The draftsman must be familiar with the Interpretation Act locally applicable. Accordingly Indian

draftsman should have thorough knowledge on the General Clauses Act, 1897.

6. A hasty drafting should be avoided as far as possible. But if he is compelled to draft a bill urgently,

he will have to do his best.

7. The draftsman should always try to express himself in simple English and he should avoid long

words and long sentences.

8. Active voice is to be used instead of passive voice.

9. A draftsman should use capital letters only when it is necessary. If capital is used for a particular

word it should be uniform throughout the Act.

10. Provisions are to be sparingly used. More than one provision to the same provision will definitely

create confusion.

11. The use of ‘the said’, ‘aforesaid’, ‘hereinafter’, etc… shall be avoided. Unnecessary use of

‘authorised and empowered’ can be given up. Similarly ‘void’ is sufficient in the place of ‘null and

void’.

12. A word should be used in the same sense throughout the draft. Different words should be used to

describe the same thing.

13. In amendment of statute he should consider not merely the Act to be amended but whether the

amendment will alter the principle of any other law.

14. Draftsman should not vary the spelling of the same word.

15. Matters of detail should be placed in a schedule.

16. It is better to place the short title and definition clause first.

TOPIC II

WHAT IS THE IMPORTANCE OF THE DEFINITION OF CLAUSE? BRIEFLY EXPLAIN

THE CARE TO BE TAKEN IN DRAFTING DEFINITION

Statute normally to be read as a whole to ascertain intention of Legislature

When terms in an enactment are having well settled and well-known meanings, they need not be

specially defined.

Kirloskar Brother v. union of India, AIR 1992 SC 1324

Interpretation clauses or definition sections ordinarily form part and parcel of the statute either defining

the words and expressions in the act or specifying that the meaning of the words or expression in a

particular statute to the same as defined in another statue definitions can be either restrictive or

extensive.

In drafting a definition clause the draftsman should observe the following principles:

1. The definition should be neat, clear and precise.

2. A definition shall not contain matters outside its reasonable scope. E.g. ‘Cattle’ shall not include

‘horses’.

3. A word not included in the Act need not be defined.

4. Once a word is defined in an Act that word should be uniformly used throughout the Act in the

sense in which the definition is made.

5. The definition clause usually contains the expression ‘means’ and ‘includes’. The expression

‘means’ indicates that the meaning is intended to be complete in itself. When the word ‘include’ is

used it shows that the meaning of the word defined is to be extended also the particular meaning set

out.

6. A word should not be defined to include something entirely different. Eg.’land’ includes ship.

7. It is not improper to refer to definitions in another statute. Eg. The definition of public servant may

be given as a person defined as public servant in the Indian Penal Code, 1860. But it always better to

include all essential definitions in the enactment itself which is being drafted.

TOPIC III

WHAT ARE THE PRECAUTIONS TO BE TAKEN TO DRAFT MUNICIPAL BYE-LAW?

In general, bye-law is a form of subordinate legislation. Bye-laws of the cooperative society can be

cited as a well-known example.

Following are the precautions to be taken to draft municipal bye-laws:

1. They should confine to the subject matter coming within the area authorized by the parent

legislation.

2. The prescribed procedure for drafting and publication should be followed.

3. There should not be any ‘repugnancy’ between the bye-laws and the parent enactment.

4. They shall not be unreasonable or uncertain.

Commissioner of Trade Tax U.P v Kajaria Cermics Ltd., AIR 2005 SC 2968.

BR ATRE,legislative drafting,3rdedn,2011

5. Those relating to taxation should be drafted carefully confining within the power of taxation given

to the local body.

TOPIC IV

EXPLAIN THE PRINCIPLES TO BE FOLLOWED IN DRAFTING A PENAL PROVISION

AND AMENDING ACT

A panel law means a law, which prescribes punishment for various offences. Eg. Indian Penal Code,

1860. Following are the guidelines in drafting a penal provision.

In Hindustan Aeronautics Employees Co-op. Housing Society Ltd, v. Special Court by Registrar, the

Full Bench of Andhra Pradesh High Court observed that penal provision are to be construed strictly

and expanding the scope of such provisions by interpretation cannot be permitted

1. Penal provisions must be clearly expressed.

2. Care should be taken to see that the infliction of a penalty is not to exclude a civil liability it should

be so provided expressly.

AMENDING ACT:

In drafting an amending Act the draftsman should try as far as possible to keep the language of the

principle provisions. If different terms and phrases are used, it will create confusion.

When the whole of a section or sub-section is to be repealed, the following is the usual form ‘section

5 of the principle Act hereby repealed’.

When certain words are deleted and other words are to be substituted the following should be the

suitable form: In Section of the Principle Act for the words ‘__________’ the words ‘__________’

shall be submitted.

PART C

STATUTORY CONSTRUCTION

According to Kelson legislation is the creation of legal norm. Salmond is of the view that legislation is

the declaration of legal rules by a competent authority.

According to Gray legislation is the formal utterances of legislative organs of the society.

There are certain basic mechanic or standards which have been active in providing the consent of

legislation. These mechanics or standards have given every legislation “a particular caste, defined

mould and distinctive favour”. These mechanics or standards are called criteria of legislation which

Justice P.S Narayana, Dr. Sukhvinder singh Dari, Statutory interpretation,(2019 Asia Law House Hyderabad, p.196)

may be rational or irrational. These legislation generally have been influenced by any of the criteria

which may be varied from place to place or time to time.

CLASSIFICATION OF INTERPRETATIONS

Interpretation may be either ‘Legal’ or ‘Doctrinal’. Interpretation is legal when there is an actual rule

of law which binds the judge to place a certain (known) interpretation on the Statute. It is doctrinal

when its purpose is to discover the ‘‘real’’ or true meaning of the Statute.

1. Legal Interpretation may be of two types namely.

(a) Authentic: When the rule of Interpretation is derived from the legislator himself it is called

authentic. Eg: General Clauses Act.

(b) Usual: - When it comes from some other resources such as custom or case law.

Doctrinal Interpretation may be of two types: namely:

(i) Literal (or Grammatical) - When the court simply applies the ordinary laws of speech in order to

find the meaning of the words used in the statue. (Literal Legis)

(ii) Logical (or Functional) - When the Court goes beyond the words and tries to discover the intention

of the Statute in some other way. (Sententia or Mens Legis).

INTERPRETATION AND CONSTRUCTION

Interpretation or construction means the process by which the courts seek to ascertain the meaning of

the legislation through the medium of authoritative forms in which it is expressed.

The difference.

(1) Interpretation is the art of finding out the true sense of any form of words, ie. The true sense

which the author intended to convey.

(2) Construction is the drawing of conclusions in respect of subjects the beyond the direct

expressions of the text from elements known from and given in the text; i.e. drawing

Conclusion which are in the spirit though not within the letter of the text.

If the text conveys some meaning or other then only interpretation takes place: But Construction is

resorted to:

(1) When Comparing two different writings of the same individual or two different enactments

by the Same Legislative body if any Contradiction is found OR

(2) Where it happens that a part of a writing or declaration contradicts the rest.

(3) However, in common parlance, Interpretation and Construction are synonymous terms.

CLASSIFICATION OF STATUTES

1. Temporary and Perpetual Acts

2. Prospective and Retrospective Acts

Dr. Nirmal Kanti Chakrabarti, principle of Legislation (2017, R. Cambray & Co Private Ltd Kolkata, p1)

3. Directory and Mandatory Acts.

4. Remedial or Beneficial Acts

5. Enabling or disabling Acts

6. Declaratory Acts

7. Permissive and Prohibitive Acts

8. Penal Acts and Fiscal Acts

9. Codifying and Consolidating Acts

10. Repealing and Amending Acts

11. Affirmative and Negative Acts

12. Creative and Validating Acts

13. Expost Facto Acts.

INTENTION OF LEGISLATURE

The main object or purpose of all

Construction or Interpretation is to ascertain the intention of the law makers. The Intention of the

legislature is of supreme importance in the construction or interpretation of the Statues.

What is this legislature intent:

Does it actually exist?

Can it be ascertained or discovered?

Different views

1. Legislature certainly has no intention whatever in connection with words used in the statute. A

statement that the voting majority had a will or an intention is a product of fiction. To vote for a

Bill does not at all imply actual willing or ‘intending’ the contents of the Statute. One many

will only that of which one has an idea. It is impossible to will something of which one is

ignorant. As said by Kelsen, to consent to a will is not necessarily to will of the legislature, if

we understand by ‘will’ a ‘real will’ a Psychological Phenomenon.

Legislation is an objective phenomenon in which all subjective antecedents are irrevocably lost. Use of

the

Expression ‘’intention of the legislature’’ is miss leading and entirely unnecessary. According to

kocourek, no Court even seeker actually to find out the intention as it is quite impossible to know since

it never existed.

11. A Second view is that it is not necessarily impossible or in conceivable that the legislature

possesses a collective intent. Undoubtedly in many instance such a collective intent. Undoubtedly in

many instances such an intent is a reality. And simply a statute may have been drafted by several

legislature and passed by a majority of the House does not necessarily negative the existence of a

common intent. It is a perfectly possible that on group of men can have a common purpose mind

and to achieve the same they may collectively set up a plan. When the same is expressed in

unequivocal words, a general legislative intent can be discovered.

Moreover to deny the existence of a legislative intent would seem to imply upon the part of our

legislature a neglect of legislative and responsibility, if there is played by the legislature in the

present day system of Gover- Courts declare that the primary purpose of construing a statute is to

ascertain the intention of the legislative and they recognise the existence of a legislative intention.

However in the most instances the real difficulty that in determining whether one exists. While

construing a statute the relevant question is not what did the legislature intend? But what did the

legislature say? As said by Lord Watson in Salmon case, ‘’intention of the legislature is a common

but very slippery phrase, which popularly understood, may signify anything, from intention embo-

died in positive enactment to speculative opinion, as to what the legislature probably would have

meant, although there has been an omission to enact. In a court what the legitimately ascertained

from what it has chosen to enact either by expressed words or by reasonable and necessary

implication’’.

In Inland Revenue Commissioners vs Henchy

Lord Reid said that we can only take the intention of Parliament from the words which they have

used in the Act.

Te must apply them as they stand however strongly we may suspect that this was not the real

intention of parliament as said by justice Holmes’’ Intention is a residuary clauses intended

together un. Whatever other aids there may be to interpretation, besides the particular words and the

Dictionary’’.

What was the intention of the legislature in any particular acts is a question of the construction of

the Act .Therefore, a Statute is to be Constructed by what appears to have been the intention of the

legislature, by ascertaining that Intention from the words of the Statute and not from any general

inference to be drawn from the nature of the object dealt with by

the statute.

Words are the Common signs that mankind make use of to declare their intention to one another and

when the words of a man express his meaning plainly. And perfectly we have no occasion to have

recourse to any other means of interpretation. Like wise if the words of the Statute are in themselves

precise and unambiguous .then no more can be necessary than to expound those words in their

natural and ordinary sense, the words themselves alone do, in such a case, best declare the intention

of the law given to conclude in the words of max well.

What once the meaning of the enactment is plain it is not the of the court to sean its wisdom or its

policy: its duty is not to make the law reasonable, but to understand it as it stands according to the

real sense of the word. The plain and unambiguous words legislature.

Literal the Grammatical Interpretation

While construing the Acts the duty of the Court is to effect the intention of the legislature. But this

intention is to be found cut in the words which the legislature has employed to convey it. If the

legislature has expressed an intention in reasonably intelligible and plan language, it must be

accepted without any modification by resorting to the canons of the construction.

Popular terms

The words of an Act which are not applied to any particular science of Art, are to be constructed as

they are understood in common or popular language. In the Fusilier, Ur. Lushington said.;;One of

the rules of the construced statutes and a wise rule too, was that they shall be constructed UTI

LOULTUS VULGUS, according to the common meaning and acceptation of the terms in other

words these are to be interpreted in accordance with the under- standing of the common man from

whose vocabulary they are taken.

In Me Boyle vs U.S. The court had to decide whether aeroplane was a motor vehicle with in the

meaning of the Motor Vehicles theft Act, and Holmes. Said ‘’ No doubt etymologically it is

possible to use the word to signify a conveyance working on land, water or air, and sometimes

legislation extends the use in that direction. But when a rule of Conduct is laid down in words that

evoke in the common mind only the picture of vehicle moving an land the Statute should not be

extended to air craft’’.

Legal terms

Femilier or known legal terms will be used uses a legal term which has a known signifriance, it

must be assumed that the term has been used in that sense and in no other sense, unless a contrary

intention appears. The principle is. As frank further pointed out that if a world is obviously

transplanted from another legal source whether the common law or other legislation, it brings the

old soil with it.

Technical terms

Where the legislature uses technical language in its Statute. It is supposed to attach to it its technical

meaning unless the contrary manifestly appears.If the words are words of art they ought prime facie

to be taken and constructed in their technical sense. Again in construing a Statute relating to a

particular industry it is legitimate to give to the words used special technical meaning if it can be

established that at the date of the passing of the statute such special meaning was well understood

and accepted by those conversant with the industry.

Words with more than one meaning

If a word used in a statute is having various known a meaning or significances the court is not

bound to adopt one in favour of another simply because that meaning is more restrained, if the

object of the Statutue equally applies to the other larger and broader meanings. The proper course in

such cases would be to search out and follow the true intent of the legislature and to adopt that sense

of the word which best with the context and of the legislature. To ascertain and to determine the

exact meaning of word in such situation, two points are to be considered vs.

(1) The external evidence deprived from extraneous circumstances such as previous

legislation and decided cases

(2) Internal evidence derived from the Act itself.

TOPIC I

GOLDEN RULE OF INTERPRETATION

Maxwell describes the so-called ‘golden rule’ as a modification of literal rule. The golden rule

enables the court to modify the language of the statute if it is found that a literal interpretation may

bring out absurd results of anomalies. The court can vary the language only to avoid repugnancy,

absurdity of inconsistency and not further. In other words, the rule is to be applied, having regard to

the consequences.

‘EJUSDEM GENERIS’ RULE

Ejusdem Generis literally means of the same kind or species. This rule of construction is intended to

reconcile the incompatibility between specific and general words in the enactment. According to this

rule where there are general words following particular and specific words the general words must be

confined to the things of the same kind as specified.

In other words, the general expression is to be read as comprehending only things of the same kind as

that designated by the proceeding particular expression unless, there is something to show that a wider

sense was intended.

CONDITIONS FOR THE APPLICATION OF THE RULE.

1. A statute must contain an enumeration by specified words.

2. The enumerated thing must constitute a class by itself.

3. The class is not exhausted by the enumeration.

4. There must be a generalisation behind the enumeration.

5. The class must contain several items of which some are mentioned.

6. There must not be any contrary legislative intention, which requires that the general term be given a

wider and not a restricted meaning.

LIMITATIONS TO THE RULE

a) Unless there is a distinct genus there is no scope for applying the rule.

b) If the legislature intended a wide meaning to the general words the rule of ejusdem generis has no

application.

TOPIC II

CLASSIFICATION OF STATUTES

1. TEMPORARY AND PERPETUAL ACTS:

A temporary Act is a law, which is applicable to a particular period or under particular circumstances.

When that period is completed that law is not applicable.

In the case of a perpetual Act there is no time limit for its duration and it continues in force till it

is repeated.

Eg.I.P.C, I.C.A. Constitution of India.

2. PROSPECTIVE AND RETROSPECTIVE STATUTES:

A prospective law is a law, which regulate the future contract or future transaction and not the past. A

retrospective law is covering past transactions also.

3. DIRECTORY AND MANDATORY STATUTES:

A directly statue is only a recommendatory in nature. It imposed no penalty on its non-observance.

A mandatory or imperative statute has to be strictly observed. IPC is mandatory.

4. REMEDIAL STATUTE:

A remedial law confers a remedy to the party only. Eg, Specific Relief Act, Workman’s

Compensation Act, Maternity Benefit Act.

5. ENABLING AND DISABLING STATUTE:

An enabling statute confers more power to the authority whereas a disabling statute restricts or cut

down the existing rights.

6. DECLARATORY STATUTE:

It is an Act passed to remove any existing doubt.

7. PENAL STATUTES:

A penal statute is one, which imposes punishment for the violation of its provisions.

8. CODIFYING STATUTE:

Codification means an orderly and authoritative statement of the leading rules of law on a given

subject. Eg Cr.P.C, CPC, TP, Act.

Codification must not be understood to involve the total abolition of precedent. Case law will continue

to grow even when the codes are complete.

Codification is the reduction into a single statute a systematic form of the whole law, relating to a

given subject. A codifying statute codifies the existing law.

According to Bentham codification is the reduction of the whole ‘corpus juris’ so far as practicable

to the form of enacted law.

9. CONSOLIDATING STATUTE:

A consolidating statute consolidates in one Act the provisions contained in a number of statutes as

interpreted and applied by judicial decisions.

Consolidation is a process whereby provisions of law found in different statutes are brought into a

single statute.

A codifying Act codifies the existing law while a consolidating Act consolidates in one Act the

provisions contained in a number of statutes.

Codification is the reduction into a systematic and orderly form of the whole of the law, relating to a

particular subject. Consolidation deals with statute alone as interpreted and explained by judicial

decision.

10. AMENDING ACT-REPEALING ACT:

An Act, which revokes or terminates another statute expressly or by necessary implication, from the

statute book is a repealing Act.

An amending Act is passed to make an addition or a change in the original law or to effect an

improvement therein.

The object of an amending Act is to bring about changes in the existing law.

When the language of the amending Act is different from the language of the original Act, the

presumption is that the legislature intended to change the law. An amendment may be to change the

law or to clarify the law.

TOPIC III

AIDS OF INTERPRETATION

1. INTERNAL AIDS OF INTERPRETAION

INTRINSIC AIDS OF INTERPRETATION.

The internal aids are aids, which the court often gets from a statute itself. The following are some of

the important internal aids of interpretation.

1. TITLE

All modern statutes have a long and short title. The long title of the Act is set out at the head of the

statute. It gives a full description of the general purpose of the Act. Eg: The Muslim Women

(protection of Right of Divorce), Act 1986. The long title of the Act reads as follows:

‘An Act to protect the right of Muslim Women who have been divorced by or have obtained divorce

from their husbands and to provide for matters connected there with or incidental thereto’

S (1) of the Act provides the short title in these words. This Act may be called the Muslim Women

(protection of Right of Divorce), Act 1986. The policy or purpose of a given Act may be deducted

from the long title. Thus the title of a statute throw light on the intent and purpose of legislation.

2. PREAMBLE: Preamble is an introduction to an Act. In Kochunni V State of Madras, the SC stated

that preamble of a statute is a key to understand the mind of the legislature.

The preamble of an Act is intended to indicate the main purpose of the Act. But the preamble

cannot control the meaning or scope of any section in the Act. When the language of the Act is clear

and pain, the preamble is of no use. When two interpretations are possible the court must adopt that

which is in accordance with the purpose set out in the preamble.

3. MARGINAL NOTES: Marginal notes are notes often found printed at the side of the section of an

Act. It gives a summary to a section. But the marginal notes cannot control the plain meaning of the

language used in the statute. Sometimes it has been used as an aid of construction. They are not parts

of a statute. When the language of a section is clear, marginal notes cannot control the interpretation

of the words of the section.

4. HEADING: Some modern statute regarded headings as preamble to those sections. Like marginal

notes they cannot control the plain words of the statutes. They may explain the ambiguous words.

Heading like marginal notes are not vested or passed by Parliament but there are inserted after the bill

has become law. The court is entitled to look at the heading in an Act in order to resolve any

ambiguities.

5. PUNCTUATION MARKS: In interpreting an Act the court should first read it without permissions.

If the section with punctuations leads to a conflict the court can ignore the punctuation. Punctuation

marks cannot be regarded as a controlling factor and cannot be allowed to control the plain meaning.

If the court think that the punctuation is correctly placed then they can be considered as proper guide

for understanding the sense of the section.

6. ILLUSTRATION: Illustrations are parts of statute. They show the intention of the framers of the

Act so they are useful in finding out the intention of a particular section. Illustration cannot modify the

language of the section. They are useful as aids for securing the proper meaning of the section.

Illustration illustrates what is said in a section. They simply give what is stated in the section.

7. EXPLANATION: Explanation explains what has been said in a provision. Explanation clears any

ambiguity in a section.

8. DEFINITION CLAUSE: Definition clause of a statute defines various expressions in a statute.

When the Act defined a particular term, it is that definition, which has to be taken for that term

wherever it appears in the Act. E.g.: Section 2 of the (protection of Right of Divorce), Act 1986 deals

with definitions. Section 2 (a) defines divorced women means a Muslim who was married according

to Muslim Law and has been divorced by or has obtained divorce from her husband in accordance with

Muslim Law.

II. EXTERNAL AIDS OF INTERPRETATION OR EXTRINSIC AID OF INTERPRETATION

1. STATEMENT OF OBJECT AND REASONS: Parliamentary proceeding provides statement of

objects and reasons to be appended to a bill, while it is introducing in the legislature. The statement of

object of the bill will contain the reasons compelled them to introduce such a bill. So in interpreting a

statute, the court can look into the statement of object and reasons. It furnishes valuable and historical

materials, which induced the legislature to enact the statute. It is the expression of the collective

intention of the legislature as a whole.

2. DEBATES AND SPEACHES IN THE PARLIAMENT: Every bill is passed in the legislature after a

thorough discussion. The members of the legislature will express their views. Their views and the

intention forward by the legislature have to be taken for interpretation.

3. STATE OF THINGS AT THE TIME OF LEGISLATURE: A statute is passed in order to check

evils and provide remedies. In construing a statute the aim of the court is to ascertain the true meaning

of words used by the legislature. So it is necessary to ascertain the circumstances in which the law was

passed. So the court should take judicial notice of the circumstances at the time of passing the Act.

4. PARLIAMENTARY HISTORY: It is well established in England that in interpreting a statute it is

not permissible to take parliamentary history of the enactments. But in earlier time parliamentary

history have been considered by the court.

5. COMMITTEE REPORT: Before passing a bill it has been referred to sub committee of the

legislature. Eg: the select committees. The select committee made a recommendation to the

legislature. So the external aid of interpretation suggestions ad recommendations of those committee

are to be taken.

6. CONTEMPOANEOUS EXPOSITIO: For the construction of all the statutes, the judges must

consider the interpretation made by the judges who lived at the time when they were enacted. The

reason is that they were best able to judge the intention of the lawmaker at that time. The principle of

contemporaneous exposito cannot be applied in modern statute. It was so held by our SC in Senior

Electrical Inspector V Lakshmy Narayanan.

7. FOREIGN DECISIONS: Foreign Decision means judgement of the foreign court. The decision of

foreign court shall not be binding in Indian Courts. But it can be used as an external aid of

interpretation. But if the language of the Indian statute is clear, foreign decisions cannot follow. In

Susheela V Mohan Das, the Kerala HC while interpreting the term ‘cruelly’ did not follow the English

decisions of cruelty. The court held that Indian Statute should be interpreted with reference to the fact

of Indian life.

8. DICTIONARIES: English Dictionaries and Law Lexicons are often referred by the courts to find out

the meaning of doubtful expressions and words used in the statutes. The SC in Bangalore water supply

and Sewage Board V Rajappa observed that dictionaries are not absolutely binding but are aids to

ascertain the meaning.

TOPIC IV

SOME MORE RULES OF CONSTRUCTION

1. CONSTRUCTION IN BONAM PARTEM:

Construction in bonam partem refers to the idea that words are used in a lawful and rightful sense. The

word lawful implies what is legitimate and recognised by law. It can be expressed in a negative way:

thus ‘lawful’ means – what is not prohibited by law. It follows, therefore, that words must be

constructed in their lawful sense. Thus, when inorder to recover rent, goods are seized in execution of

the court’s order, it must be seen if the seizure is lawful. If the goods not belong to the debtor, the

seizure will be unlawful. When a law provides for a certain efficacy to a fine levied on land, it refers

only to a fine ‘lawfully’ levied. In other words ‘where an Act refers to a thing to be done, it is to be

taken as referring to the thing being lawfully done’.

II. NON-OBSTENTE CLAUSE:

Several sections in some enactments begin with the expression ‘Not withstanding anything contained

to the contrary’. Such a provision is called a non-obstente clause. It is based upon the maxim ‘non-

obstente aliquo statute in contrarium’ meaning not withstanding any statute to the contrary. The object

of a non-obstente clause is to remove the obstacles standing in the way of implementing the provision

being enacted. In Balan V District Panchayat Officer it is held that the obstentive clause has only the

effect of removing all the obstacles against the benefit conferred by the section on a person.

III. NONSCITUR A SOCIIS:

The maxim ‘Noscitur a sociis’, means that the meaning of a word can be known by its associates. In

the words of Lord Mac Millan ‘a word is known by the company it keeps’. Nostur means ‘to know’

and sociis means ‘association’. According to Maxwell the principle of ejusdem generis is one

application of this general rule of noscitur a sociis. Therefore, in case of doubt, the true meaning of a

word may be ascertained by referring to the meaning of the words associated with it.

It is applied wisely only where a word is capable of many meaning so that giving an unintended breath

to a statute may be avoided. When, however the meaning of words even wide words are clear and

unambiguous, this rule cannot be pressed into service.

IV. UT RES MAGIS VALEAT QUAM PEREAT:

Literally it means ‘it is better for a thing to have effect than to be void’. In the words of Viscount

Simon, ‘if the choice is between two interpretations, the narrower of which would fail to achieve the

manifest purpose of the legislation, we should avoid a construction which would reduce the legislation

to futility and should rather accept the bolder construction based on the view that Parliament would

legislate only for the purpose of bringing an effective result’.

The words of a statute must be construed so as to give a sensible meaning to them. This principle must

be applied by courts except in the rare cases when there is absolute intractability of language.

The principle can be stated thus: it is better for a thing to have a effect than to be made void.

Suppose, a clause is like this: ‘Instead of father upon the heirs of father’. It will in affect read like this

‘Upon the father and in default of the father upon the heirs of the father’.

In short, the construction adopted by the court must be one giving a sensible meaning to the words of

the statute. Of course in extreme cases where it would be impossible to give such a meaning the

maxim may not be applicable.

Vepa P. Sarathi, Interpretation of Statutes (2020, EBC Nagpur, p 106)

vepa p. sarathi, Interpretation of Statutes (2020, EBC Nagpur, p 106)

V. GENERALIA SPECIALIBUS NON DEROGANT:

The maxim refers to a rule of construction by which the general words in a later statute should not

be held to repeal earlier specific legislation unless specifically effected. The rule was stated by Lord

Selborne in an early decision, Seward V Vera Cruz. It was said: ‘where there are general words in a

later Act capable of reasonable and sensible application without extending them to subjects specially

dealt with by earlier legislation, you are not to hold that earlier and special legislation indirectly

repealed, altered or derogated from merely by force of such general words without any indication of a

particular intention to do so.

ILLUSTRATION

Suppose there is a special statute dealing with particular kinds of property and the legislature

subsequently passes a general Act dealing with all kinds of properties, then the rights of the parties

with regard to special kinds of property must be determined by the special statute unless there is a

contrary legislative intention.

VI. EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS:

The maxim means ‘express mention of one implies exclusion of others. When the legislature

expressly mentions one or more things of a particular class, then it may be regarded that the legislature

had silently excluded all others of that class.

ILLUSTRATION:

Section 39 of the British Matrimonial Causes Act applied to declaration of legitimacy of the

petitioner himself or the validity of his own or his parents’ marriages. In Aldrich V Attorney General,

the petitioner sought of a declaration that a woman who died abroad was his legitimate daughter.

Omrod.J held: In my judgement the principle expressio unius est exclusio alterius must apply with the

result that the jurisdiction of the court in this connection is limited to cases falling within the

provisions of section 39.

The rule expressio unius has been said to be ‘a valuable servant but a dangerous master to follow in

the construction of statutes and documents’. It shall not be followed if the result will be ‘a wholly

irrational situation’ leading to absurdity or inconsistency or injustice.

VII. REDDENDO SINGULA SINGULIS:

The phrase refers to the rule that for right interpretation the collection (arrangement placing

together) of words must also be taken into consideration.

The words in part or a statutory provision or other instrument are to be ‘respectively’ applied to

their appropriate object in another part. It will be by, referring ‘each to each’ or referring ‘each phrase

or expression to its appropriate object’.

Wharton illustrates the rule: If any one shall draw or load any sword or gun the word draw is

applied to sword only and the word load to gun only because it is impossible to load a sword and draw

a gun.

In Nagpur Electric Co. V Sreepati Rao the words, ‘whose name and ticket numbers are included in

the departmental musters’ in the standing orders should to read as ‘whose name and ticket numbers if

any, are included in the departmental musters’. This is an instance of reddendo singula singulis.

VIIIRE Harmonious Construction

In order to ascertain the true legislative intent the COURT MUST BE CONSTUC THE PROVISIONS

OF A STATUTE HARMONIOUSLY WHEN TWO PROVISIONS IN AN ACT CANNOT BE

RECONCILED WITH EACH OTHER, THEY SHOULD BE INTERPRETED IN SUCH NAMED

HAT EFFECT CAN bE GIVEN TO BOTH OF THEM. This rule is known as Harmonious

construction,

In Sanjoovoyya Vs Election Tribunal the s.c. has said that it is a well settled rule of construction that

the provisions of a statutehold be so road as cannot be used to defect those of another unless it is

impossible to effect reconsilation between them

When there are two provisions in a statute which are in conflict with each other in such a way that both

of then cannot stand, they should be so interpreted, if possible, that effect can be given to both, and

that a construction which renders either of then useless or impressive should be adopted except in the

last resort.

Reasonable Construction

A provision of law cannot be so interpreted as to divorce it entirely from common sense and every

word or expression is used in an Act should be received a national and fair meaning. If it is possible

the words of a statute must be constuced so as to give a sensible meaning to them. The words ought to

be construced it res nagis valcat quan percat. (That the thin may prevail rather than be destroyed. It is

better for a thing to have effect those to be made void.

If Is the duty of the Court is construing a statute to give effect to the intention of the legislature, If,

therefore giving liberal meaning to a word used by the craftman particularly in a penal statute ,would

defect the object of the legislature as said by the s.c. in farwar singh vs. Delhi admin the court can

depart from the dictionary it is meaning which will advance the remedy and supprose the mischief. If a

literal interpretation would load to practical absurdity, a reasonable construction should be adopted for

when the intention of the legislature is manifest, the construction of the statute should be such as will

reasonably fairly execute that intention. But if there is any conflict between reasonable intention and

literal meaning ,the courts should refuse to nultify the statutes and should adopt a method of logical,

sensible and reasonable construction if the language in the statute is unambigous .The facts that a judge

thinks that a particular enactment is irritational as unfair irelavant in such clear terms as to the statute

is unambiguous and execute that intention. and literal meaning the courts of logical, sensible and

reasonable construction if the language in the statute is unambiguous. The fact that a judge thinks that

a particular enactment is irratitional or unfair is irrelevant provided the enactment is in such clear terms

as to admit of no doubts as to its meaning as said by Boamount C.J A judge must always consider that

effect of any construction which he is asked to put on an Act and if he comes to the conclusion that a

particluar construction loads to a result which he considers irritation or unfair, he is entitled and indeed

the to assume that the legislation did not intend such a construction to be adopted and try to find out

some more rational meaning to which the words are sensible.

Benevolent Constrction

VIII. INTERPRETATION OF TAX LAW AND FISCAL STATUTE:

In the Cape Brandy Syndicate Case, Rowlatt.J gave the guiding principles to be followed for

interpreting taxing statutes. In a taxing act one has to look merely at what is clearly said. There is no

room for any intendent; there is no equity about a tax. There is no presumption as to a tax. Nothing is

to be read in, nothing is to be implied. One can only look fairly at the language used.

If the words are plain and unambiguous the object and intend of the statute can be collected from

the wording of the statute.

PRINCIPLES TO BE FOLLOWED:

1. A taxing statute should be strictly constructed.

2. In a taxing statute, if there is ambiguity the benefit must go to the assessee. This was so held in

Commissioner of Wealth Tax V Kripa Shanker.

3. If there is any loophole in a taxing statute, it is not for the courts to fill it, it is for the legislature to

cure the defect.

4. No subject can be taxed by inference or analogy.

5. Equitable considerations are irrelevant in interpreting a taxing statute.

6. If the legislative intention is clear and language is plain then the court shall carry out that intention.

7. The burden to prove that a particular item is taxable is on the revenue (state). The burden to prove

that a particular item is exempted is on the person who claims that exemption.

PRINCIPLES OF LEGISLATION LEGISLATIVE DRAFTING AND STATUTORY

CONSTRUCTION

TOPIC I

BENTHAMS THEORY OF UTILITY

Jeremy Bentham (1747-1834) was a great legal reformer of England .His famous works include “these

2 books are considered as the reflection of Bentham’s moral and legal philosophy utilitarianism.

This theory is based on the doctrine that the aims of all actions should be the happiness of the greatest

number. According to Bentham, the public good ought to be the object of the legislature; general utility

ought to be the foundation of reasoning to know.

ILLUSTRATION

Take a particular enactment intended to protect the weaker sections of the community. Place the

measure of happiness, which we derive from that statute from on side of a balance and pain on its other

side. If the pleasure side outweights the pain side we can rightly say that it is a good legislation and

there is utility. Eg.,

1 The Kerala land reforms Act will confer happiness to the tenants and unhappiness to the landlords.

2. The payment of bonus Act will give happiness to the working class and unhappiness to the

employer.

3. The prevention of food adulteration Act will give happiness to the seller.

The question whether the theory is applicable to a prisoner or not has been considered by the SC in

Bhiar Blind Prisoner’s case. The court was considering the question whether the legal aid benefit is

available to a prisoner. The govt. had pleaded that it has not found. The SC held that the Govt. is

bound to give financial aid under a law to a prisoner.

According to Bentham every law is a coercive attack on liberty. o such law must be justified only by

sufficient and specific reason..

ASCETIC PRINCIPLE

This theory is opposed to the doctrine of utility “horror of pleasures” is the essence of ascetic theory.

Its followers have a hatred towards everything that gratifies the human senses. They have an aversion

to ordinary pleasures in life.

According to Bentham, they found morality upon privations and virtue upon the renouncement of

one’s self.

The essence of ascetic theory is self torture, which has been considered as a meritorious Act and

hence praised.

This principle has been followed by two classes of men:- ascetic philosophers and ascetic devotees.

The philosopher aims is to proclaim that he is above all human pleasures. His ultimate aim is

reputation and glory.

The devotee on the other hands hates worldly pleasures with a view to enjoy external happiness in

the other world.

This principle is unreasonable and inapplicable.

The arbitrary principles or the Principles of Sympathy and antipathy.

This principle is also opposed to the utility theory. This has two components, sympathy and

antipathy.

Egoism is the touchstone of the arbitrary principle. It consists of the idea of self-decision.

There are several types of persons that adopt and propagate arbitrary rule.

The first eg, is where a man claims to have power in him to distinguish between good and evil. This

supposed power is rested in what he calls his conscience or moral sense.

Yet another type of person discards the theory of moral sense and attributes his ‘power’ to what he

calls the “common sense”.

Another type of person discards the theories of moral sense and common sense and proclaims that

his “power of understanding” is most supreme.

The defect is accepting the arbitrary rule is that it has no respect for the sentiments of other people.

CAUSES OF ANTIPATHY

‘Antipathy’ which is one component of the principle the influences morals and legislation. There are

6 causes for antipathy. They are briefly explained below:

1. Repugnance of the senses: which happens as a result of disgust or hatred. For no fault of theirs we

hate things which are ugly that is, which is a little bit different from the ordinary one.

2. Wounded pride: this happen when one’s superiorly loses recognition at other hands.

3. Power controlled: this is based upon the compulsive feeling of our own weakness against other.

When one feels that the exercise of his power is put under control a feeling of antipathy will result.

4. Confidence in the future weakened or destroyed: when one’s confidence in the future is weakened or

destroyed by the conduct of others beyond one’s expectation it creates disgust.

5. The desire of unanimity: unanimity pleases, when it is found that one’s opinions are not agreed to by

others there will be resulting antipathy.

6. Envy: the enjoyment which one person may be having may result in the envy of another and

incidentally resulting in antipathy.

OBJECTIVES TO THE THEORY OF UTILITY:

There cannot be any valid objection to the theory of utility. The essence of this doctrine being

reasoning, all reasonable arguments are really in its favor.

Following are the objectives to the theory of utility.

1. There are people who establish that ‘virtue’ and not ‘utility’ should be the basis of all actions.

Virtue here means sacrificing a lesser interest to a greater interest.

2. A second type of objection is that ‘utility’ should be confined to politics and legislation should

proceed on the principles of justice.

3. The third objection is that ‘everyone makes himself the judge of his utility’.

4. The theory faces another opposition that is would lead to the revival of Epicureanism or luxuries. It

leads to eating too much, drinking too much and sleeping too much.

5. The most important objection has come from those opposing on the basis of religious principles.

They profess to take the will of God for the only rule of good and evil.

6. Under modern conditions some general objection to the principle of utility has also been suggested.

a) Individual interest and social interest may not always agree.

b) Pleasure and pain cannot always be the sole criterion to make law.

c) Utilitarianism fails to explain modern situations. Very often individual liberty is curtailed or

restricted.

d) The greatest happiness of the greatest number may be curtailed to protect the interest of the

minorities as for eg, reservations.

TOPIC II

PLEASURES AND PAIN

According to Bentham ‘nature has placed mankind under the governance of two sovereign masters,

pain and pleasure. ‘Pleasures’ are variety of sensation which satisfy or benefit our senses or faculties.

Sensations causing injury or disappointment are ‘pains’. They can be simple or complex. When they

are composed of several pleasures or pains they are known as complex pleasures or pains, for instance

cinema gratifies many of our senses like sight, hearing, etc… when the pains or pleasure cannot be

decomposed they are known as simple pleasures or simple pains.

SIMPLE PLEASURES

There are 15 kinds of simple pleasures according to Bentham.

1. Pleasures of the senses: These are caused by taste, smell, sight, hearing and touch.

2. Pleasure of the riches: These pleasures are derived from the possession of things, which are the

means of enjoyment and security.

3. Pleasures of address: These pleasures are resulting from handling some instrument, which aid the

attainment of pleasure. For e.g,: engaging a musical instrument.

4. Pleasures of friendship: These pleasures are arising from friendship with others and the good will

and the possible services from such relationship.

5. Pleasures of good reputation: These are earned by esteem and good will of the people around us.

6. Pleasure of power: This is the pleasure which a man experiences when he is able to make others to

serve him. They are doing so because of their fear towards him.

7. Pleasure of piety: This is the pleasure which a person experiences when he worships God.

8. Pleasure of benevolence: It is arising from the happiness of those who love us.

9. Pleasure of malevolence: It is caused by the pains of our enemies.

10. Pleasures of knowledge: when you acquire some new ideas by applying your mental faculties you

will get pleasure of knowledge

11. Pleasures of memory: When a person imagines that he will be able to acquire pleasurable causes,

he will get pleasure of memory.

12. Pleasure of imagination: When a person imagines that he will be able to acquire pleasurable causes,

he will get pleasure of imagination.

13. Pleasure of hope: When you hope that you will win the written examination, you will get the

pleasure of hope.

14. Pleasure of association: When you get membership of an association you will get pleasure of

association.

15. Pleasure of relief or deliverance:

When a patient gets cured he may be happy.

SIMPLE PAINS

Bentham gives 11 kinds of simple pains. They are briefly given as follows:

1. Pains of privations: This kind of pain exists in any of the 3 forms.

a) Pain of unsatisfied desire

b) Pain of disappointment

c) Pain of regret

Pains of privation correspond to all the pleasures whose absence excites a sentiment or

disappointment.

2. Pain of the senses: It includes pain arising out of hunger, thirst, taste, touch etc.

3. Pain of mal-address: It arises from the use various tools or instruments which causes annoyance or

disturbance.

4. Pain of enmity: It arises out of harm caused by enemies.

5. Pain of bad reputation: It may be called pain of dishonor or pain of the popular sanction. It occurs

when a man feels that he is an object of malevolence or contempt of the world which surrounds him.

6. Pain of piety: It results from the fear of having offended by the displeasure of the supreme being.

7. Pain of benevolence: It results from the sight or thought of the suffering whether of men or animals.

8. Pain of malevolence: It is called pain of antisocial affections or pains of antipathy. It results from the

happiness of those we hate.

9. Pain of memory

10. Pain of imagination; and

11. Pain of fear.

TOPIC III

THE PAIN OR PLEASURE WHICH IS ATTACHED TO A LAW FORMS WHAT IS CALLED

ITS SANCTION (BENTHAM)-COMMENT

According to Bentham the pleasures and pain operate as ‘sanctions’. The pain or pleasure is attached

to law forms what is called its sanctions. It is the obligatory force. Sanctions may be classified into 4.

1. Physical or natural sanction.

2. Moral or popular sanction.

3. Political or legal sanction.

4. Religious sanction.

Physical (natural) sanction refers to the pleasures or pains, which result in the ordinary course of

nature without human intervention. Eg: Natural calamity.

Moral or popular sanction results from the actions of others. It results from friendship, hatred or

contempt of others. It may also be called sanction of public opinion or sanction of honor. Eg: Moral

Policing, excommunication etc.

The political or legal sanction is one imposed by the implementation of the law of the state. Eg:

Suspension, imprisonment.

A sanction of a divine nature is called religious sanction. Eg: Out casting.

All these types of sanction may be combined in one and the same action.

ILLUSTRATION

A house is destroyed by fire. If it is due to the natural causes, it is a natural sanction. If it is

according to the order of the judge, it is a political sanction. If it is due to the act of a neighbour on

account of malice, it is a popular sanction and it is due to the wrath of God then it is a religious

sanction.

Though not impossibility it is difficult to combine the four kinds of sanction into one legislation.

According to Bentham, ‘there is no chance of uniting except under the standard of utility’. If such a

unity is attained the legislation will be perfect.

The sanctions may be contrary to the principle of utility. For instance when an accused person is

convicted for an offence the other innocent members of his family are also condemned by the people.

This is an error of the popular sanction. One receiving very high interest instead of the legal interest

causes an error of the political sanction. The legislator is to be cautious about such errors.

TOPIC IV

SENSIBILITY

Causes of pleasure and of pain react differently upon the people. The measure of the effect is

‘sensibility’. It may be either in degree or in kind. If the effect is uniform but unequal, it is in degree

but if the effect is opposite it is in kind.

Sensibility is controlled by various factors like age, health, financial position, moral

condition and so on. Things do not affect us in the same manner in sickness and in health. So also it

may vary in plenty and poverty and in infancy and old age.

Bentham enumerates 15 primary circumstances and 9 secondary circumstances, which are

influencing the sensibility of man.

A).PRIMARY CIRCUMSTANCES WHICH AFFECT SENSIBILITY

1. Temperament: This is something inborn in every human being.

2. Health: Person who is sick reacts more easily to pain than to pleasure.

3. Strength: Strength or its negative concept feebleness is the third circumstance.

4. Corporal imperfection: Bodily deformity is an element, which makes a person more sensible to pain

than to pleasure.

5. Degree of knowledge: The amount of ideas, which a man possesses, will influence the sensibility.

6. Intellectual faculties: Exactness of memory, capacity of attention, capacity of imagination etc. are

referred to here.

7. Firmness of mind: This quality is attributed to one who is less affected by immediate pleasures or

pains than by great pleasures or great pain which are distant and uncertain.

8. Perseverance: This is related to the length of time during which a given motive act upon the will

without a continuous force. Children are thus delighted with toys but soon grow tired of them.

9. Bent of inclination: It refers to the mental attitude towards a thing. It can be also called passion.

The next 4 circumstance stated are only sub-divisions of such inclinations.

10. Notions of honor.

11. Notions of religion.

12. Sentiments of sympathy.

13. Sentiments of antipathy.

14. Folly or disorder of mind: It is an extraordinary degree of imperfection. Such imperfection may

amount to ignorance, feebleness, irritability and inconsistency.

15. Pecuniary conditions: These circumstances have to be assessed considering the sum total of means

and the sum total of wants. There are 3 ways in which means can be collected. They are by (1)

property, (2) profits of labor, and (3) the financial aid from friends and relation.

B) SECONDARY CIRCUMSTANCES

These are 9 secondary circumstances relieved upon by Bentham.

1. Sex: The sensibility of woman is greater than that of men.

2. Rank: Those who occupy upper ranks exhibit greater sensibility.

3. Education: Physical, intellectual and moral education is important factors, which affect sensibility.

4. Habitual occupation: it may be of profit or of amusement and choice. They influence other facts like

health, strength, knowledge, etc.

5. Climate: It was assumed that people are less strong in warm climate and hence the degree of

sensibility increases.

6. Race: Race has also some influence upon sensibility. People belong to different races react

differently towards circumstances. A Negro born in France or in England is in many respects different

being from a child of French or English race.

7. Government: Its influence is immense that it is the most important among secondary circumstances.

The influence of circumstances that affect sensibility in an well-administered state will be entirely

different from that in a state ill administered.

8. Religious profession or sensibility. The religious background will also affect the sensibility of a

person.

PRACTICAL APPILICATION OF SENSIBILITY

1. According to Bentham, the circumstances that affect sensibility play a vital role in the penal laws of

the country. The evil of an offence is to a large extent, dependent upon ‘sensibility’. For example an

action, which might cause a serious insult to a woman, may have no effect at all upon a man.

2. The next purpose served by sensibility is to assess the proper satisfaction to the injured. The injured

person might be satisfied by pecuniary compensation in some cases but for the same offence, in the

case of victims of a different rank, payment of money may not be adequate.

3. The third object is to estimate the force of punishments. The same punishment may not have the

same effect upon every offender.

4. The fourth function of sensibility is in adopting the laws of one country to another. The concept of

marriage in the east and west being different, the laws of marriage in the west should not be adopted in

the east.

TOPIC V

MORALITY AND LEGISLATION HAS THE SAME CENTRE BUT DIFFERENT

CIRCUMFERENCE

Morality has a wider sphere in controlling the actions of men both public and private.

Legislation controls only such actions as would cause injury to others.

REASON FOR DIFFERENCE

Legislation can enforce the laws upon society only by awarding punishments. It is not possible for

the legislator to make provision for the punishment of some moral offences like hard heartedness, in

gratitude or disloyalty. And Act involving moral turpitude becomes punishable only when it develops

like theft, homicide or perjury.

MORALITY AND RELIGION

Morality and religion are closely interconnected.

A state should not make regulations in respect of religious principles. People must be at liberty to

follow their own religion and control over this by the state would only cause evil to the society.

They themselves will rectify when they find that their action has caused peril to them. But the

moment the action causes injury to others the legislator should interfere and make it an offence.

The object of the legislator is to prevent harm to others by the actions of men. So there would be a

provision of law that makes the refusal of service an offence when it is easy to render it.

Example, suppose a wounded man lies on a road without any assistance, the refusal on the part of

others to help him should be an offence.

LAW AND ANIMALS

It is not disputed that the slaughter of animals is necessary for the nourishment of man. It would be

also necessary to destroy animals that cause harm to man. But in such cases, they suffer a painful

death. The laws must prevent cruelties to animals also.

OBJECTIVE TYPE QUESTIONS

PRINCIPLES OF LEGISLATION, LEGISLATIVE DRAFTING AND STATUTORY

CONSTRUCTION

Theory of Utility is based on the doctrine: the aims of all actions should be the happiness of:

a. Ruling class b. Defence personal c. The greatest number d.None of these

According to Bentham ___ should be the object of the legislature.

a. Maintaining friendly relationship with neighbouring countries

b. Public Good c. Dominance over the public d.None of these

____is opposed to the doctrine of utility.

a. Salmond b.Kelson c. Ascetic Principle d.None of these

____ is the essence of ascetic theory.

a. Punishment b.Trial c. “Horror of pleasures”

d.None of these

The essence of ascetic theory is___

a.Self-torture. b.Trial c. Punishment d.None of these

This principle has been followed by two classes of men:- ____and ____

(a) Ascetic philoshopers and ascetic devotees

(b) Muslim clerics and Rulers (c.) Defence personals (d)None of

these

Aim of ___ is to proclaim that he is above all human pleasures.

a. Ascetic Devotees b. Hindu Sanyasis c. Ascetic philoshopers d.

None of these

___hates worldly pleasures with a view to enjoy eternal happiness in the other world.

a. Ascetic Devotees b. Ascetic philoshopers c. Pasters d.None of

these

Arbitrary Principles or The Principles of Sympathy and Antipathy is opposed to ____

a. Ancient theory b. Conventional theory c. Utility theory

d.None of these

___is the touchstone of the arbitrary principle.

a. Selfishness b. Egoism c.Patriotism d. None of these

Arbitrary principle consists of the idea of ___

a. Collective decision b. Self-decision. c. Egoism d. None of

these

There are ___ causes for antipathy.

a. 6 b.4 c. 2 d. None of these

According to Bentham ‘nature has placed mankind under the governance of two sovereign

masters’ ____

a. Pain and pleasure

b. Power and money

c. Education and knowledge

d. None of these

____are variety of sensation which satisfy or benefit our senses or faculties.

a. Pleasures b. Education. c. Wealth d. None of these

Sensations causing injury or disappointment are ____

a. Pains b. Education c. Wealth d. None of these

Pleasure and pain can be:.

a. Simple b. Complex c.Both a and b d. None of these

When they are composed of several pleasures or pains they are known as ___

a. Multi pleasure b. Complex pleasures c. Both a and b d. none of these

When the pains or pleasure cannot be decomposed they are known as ___

a. Simple pleasures or simple pains.

b. Combined pleasures or combined pains.

c. Both a and b

d. None of these

There are ___ kinds of simple pleasures according to Bentham. A. 10 B. 15

c. 20 d. None of these