‘A speech made in the course of the debate on a bill would at best be indicative of the subjective intent of the speaker, but it could not reflect the inarticulate mental process lying behind the majority vote which carried the bill. Nor is it reasonable to assume that the minds of all the legislators were in accord’.
Kesavand Bharathi v. State of Kerala AIR 1973 SC Sikri C.J. observed….
Speeches made by members of legislative in the course of debates relating to an enactment of a statute cannot be used as aids for interpreting any of the provisions of the statute.
Those who did not speak may not have agreed with those who did; and those who spoke might differ from each other.
Speeches in the Constituent Assembly could always be perused to find out the true intention of the framers of the constitution regarding the interpretation of the constitution.
Indira Sawhney v. Union of India, AIR 1993 SC 477 .
The Supreme Court referred to Dr. Ambedkar’s speech in the Constituent Assembly while interpreting Art. 16(4). The expression background class of citizens is not defined in the constitution, reference of such debates is permissible to ascertain at any rate the context, background and objective behind them.
Statement of objects and reasons accompanying a bill cannot be used to determine the true meaning but they can be used for understanding the background and the antecedent state of affairs leading upto the legislation.
27. PARLIAMENTARY HISTORY a.
Report of Commissions and Committee Select Committee Report:
The report of the committee which proceeded the enactment of a legislation, report of joint parliamentary committee, report of commissions set up for collecting information leading to the enactment, are permissible external aids to constructions.
Badrilal v. Sitabai AIR 2011 MP
Section 12(1)(f) of the Madhaya Pradesh Accommodation Control Act, 1961, read as ‘continuing or starting his business or that of any of his major sons or unmarried daughters.’
Whether a tenant could be evicted on this ground by the land lord?
The Select Committee had opined that the provision of requiring accommodation for starting a business for any member of his family was likely to be misused by the landlord and hence, it though fit to restrict the provision to major sons and unmarried daughters of the landlord.
Relaying on this said opinion of the Select Committee, the court held that the legislative intent behind the provision was not to allow the landlord to evict a tenant to start a business for any member of the family. Hence. The court decided against the landlord.
White Paper:
White paper issued by the government detailing the facts leading to enactment of a statute is also admissible for understanding the background when the court is called upon to interpret and decide the validity of the statute.
Example: Supreme Court made extensive reference to the while paper for understanding the background of the Ramjanma Bhumi Babri Masjid dispute in deciding the reference made under Art. 143 and constitutionality of the acquisition of certain areas of Ayodhya Act, 1993 (M. Ismail Faruqqui v. Union of India, AIR 1995 SC)
Report of Commissioners Appointed by State: If the meaning of statute is doubtful report of committee may be consulted.
The Supreme Court referred to several reports of commissions and opinions of experts, and relied upon them while discussing the death by handing was not violative of art. 21 of the constitution. (In Deena v. Union of India, AIR 1983 SC)
Report of a special committee proceeding the enactment, existing state of law, report of a commission set up for collecting information leading to enactment, the environment necessitating enactment of the legislation are used for gathering the real intention of the parliament are permissible external aids to construction.
Recommendations of the Law Commission-(where a particular enactment or amendment is the result of recommendation of the Law Commission of India). b.
Proceedings in Parliament Debates:
The debate upon the bill, the fate of amendments proposed and dealt with in committee of either House cannot be referred to, to assist in construing the language of the Act.
Individual opinion of members of the convention expressed in the debate cannot be referred to for the purpose of construing the constitution.
Speech at Introducing Bill
The court whilst interpreting S. 5 of the Interest Tax Act 1974 held that even if there were any ambiguity in the matter under consideration, the budget speech of the Minister of Finance while introducing the Finance Bill, has made the same clear. Such a speech can be relied upon to throw light on the object and purpose of the particular provisions introduced by the Finace Bill. (Kerala State Industrial Development Corporation v. CIT. AIR 2003 SC)
Clear and unambiguous statement made by minister in Parliament are as much background to the enactment of legislation as while papers and parliamentary report.
Assurance on behalf of Government is not admissible.
Sushila Rani v. Commissioner of Income-tax & Anor. (2002) SCC 697
While considering the provisions of Kar Vivad Samadhan Scheme 1998, the Supreme Court had considered the statement of the finance minister while explaining the object of the said scheme.
Mohd. Hanif Quareshi v. State of Bihar AIR 1958 SC.
Supreme Court considered the constitutionality of various state legislations banning slaughter of certain animals, reference were made to religious books. 2. Historical facts and surrounding circumstances
Court will take into account such external or historical facts as may be necessary to understand the subject-matter of the statute or to have regard to the surrounding circumstances which existed at the time of passing of the statute. Rule permits recourse to historical work, pictures, engravings and documents
where it is important to ascertain the ancient facts of a public nature.
The policy followed in the working of an earlier Act can be presumed to be known to parliament while legislating subsequently on a related subject.
Justice Murkherjee J. emphasizes that…..
For the purpose of appreciating the scope and object of an old statute and for explaining its language which may be susceptible of different meanings it may be useful to remember the well-known historical facts which led to the enactment.
“It is a settled canon of construction that the interpreter should place himself, as far as possible, in the position of those whose words he is interpreting and the meaning of certain words and terms used in an ancient document or a statute can be properly explained only by reference to the circumstances existing at the time when the statute was enacted the document was written.”
Role of Legislative Histories in Statutory Interpretation
When the law is unclear on its face, the courts look to what they call the legislative history.
Legislative histories are seldom helpful to lawyers and judges in directly ascertaining the meaning of statutes.
Justice Oliver Wendell Holmes asserted “I don’t care what [the legislature’s] intention was. I only want to know what the words mean.”
It is the responsibility of the court to find out intent, if possible. Suppose if the intent is thoroughly confused or undiscoverable for other reasons, intent must be inferred.
Dworkin’s coherence theory of statutory interpretation Statute should be interpreted to advance the policies or principles that furnish the best the political justification for the statute.
Statutory interpretation must be consistent with the statutory wording itself and must find substantive support in the political climate at the time of its enactment.
Statutes over time will diminish the influence of legislative histories because of the social or legal circumstances have significantly changed since enactment of statute.
Report of official commission, judicial council or executive branch committee are considered authoritative provided it is directed to the same purposes as the resultant statute.
Even if legislative intent cannot be inferred directly from a legislative history, then, the history can often be of some assistance in construing a statute.
Pepper (Inspector of Taxes) v Hart [1992] U A
landmark decision of the House of Lords on the use of legislative history in statutory interpretation . The court established the principle that
when primary legislation is ambiguous then, in certain circumstances, the court may refer to statements made in the House of Commons or House of Lords in an attempt to interpret the meaning of the legislation.
Explanatory notes issued by the departments concerned before a bill is introduced in parliament, though not forming part of the bill, may also be admitted.
28. PENAL-2
Reema Aggarwal Vs.Anupam and Ors. AIR 2004 SC
Section 304B and 498A of the Penal code, having regard to the object of preventing cruelty to women
The expression ‘husband’ has been construed to cover a person who enters into marital relationship with the women concerned whatever may be the legitimacy of the marriage.
Adopting wide meaning of a provision, the undesirability of adopting anything beyond a strict construction of provisions having penal approach to
effectuate the purpose of the Act.
R V. Fellow
Whether the computer data in the archive was considered a photograph under section 1 of the 1978 Act.
If it was not considered a photograph, is the computer disk a copy?
Did the 1978 Act and 1959 Act, before they were amended in 1994, have a wider scope?
Whether the computer data that was in Fellows possession was distributed, or shown, by being made available for downloading to other computer users. Judgment
The computer data within the archive was considered a photograph for the purposes of section 1 of the 1978 Act.
Even though the computer disc is not itself a photograph, the court held that there is nothing in the Act which makes it implicit that the copy must be an actual physical photograph
The data stored in a computer disc, a technology not anticipated in 1978, was held to amount to ‘indecent photograph’ within the meaning of section 1 of the protection of Children Act, 1978
Dowry Prohibition Act (28 of 1961)
The expression ‘or any time after marriage’ and ‘in connection with marriage of the said parties’ are of wide meaning and scope. The expression in connection with the marriage even in common parlance and on its plain language has to be understood generally. The expression ‘soon before her death’ cannot be given a restricted or a narrower meaning.
Salil Bali v. Union of India, 2013 SCC
The judiciary took a liberal view with regard to the juvenile accused and said that the age of maturity should be kept at 18 years and not decreased to 16 years. The case also led to the subsequent enactment of the Criminal Law Amendment Act, 2013 that has included all forms of penetration without consent as rape.
Ashok Kumar v. State of Haryana, AIR 2010 SC
There was an allegation that the accused husband and in laws of the deceased used to harass and beat her and on the fateful day they burnt her for not bringing enough dowry. The Supreme Court held that the expression ‘in connection with any demand for dowry’ in section 304-B of the Indian Penal Code cannot be given a restricted or narrower meaning. Even in common parlance and on its plain language is has to be understood generally. The object being that everything which is offending at any time, that is to say, at before or after the marriage, would be covered under this definition, but the demand of dowry has to be ‘in connection with the marriage and not so customary that it would not attract the provision of this section. The expression ‘soon before her death’ must be understood in common parlance. The concept of proximate link between the acts of cruelty along with demand for dowry and death of the victim. In view of the accused persons were convicted under section 304-B, Indian Penal Code.
Appasaheb v. State of Maharashtra, AIR 2007 SC 763
The Supreme Court held that a demand for money on account of some financial stringency or for meeting some urgent domestic expenses or for purchasing manure cannot be termed as a demand for dowry as the said word is normally understood. As for the definition of ‘dowry’ in the Dowry Prohibition Act, 1961 the giving or taking of property or valuable security must have some connected with the marriage of the parties which is absent in the present case. In view of the above the conviction of the appellant under section 304-B, Indian Penal Code for dowry death was set aside
Sakshi v. Union of India, AIR 2004 SC
The Supreme Court remarked that the rape, defined under Section 375 of the Indian Penal Code, only heterosexual intercourse involving penetration of the vagina by the penis coupled with the explanation that penetration is sufficient to constitute the sexual intercourse necessary for the offence of rape is sufficient. All forms of penetration such as penile/vaginal, penile/oral, penile/anal, finger/vagina and finger/ and penetration are not covered within it. Since there is no ambiguity in the definition, it is not desirable to create chaos by wrong judicial interpretation.
Vishakha v. Union of India- AIR 1997 SC- changing judicial interpretation with respect to sexual harassment.
A landmark case that revolutionized the law relating to sexual harassment in India. In 1992 a social worker by the name of Bhanwari Devi was brutally gang raped by five upper caste men due to her campains against child marriage. The victim filed a case against the accused but the trail court acquitted them. A few women’s group and NGOs along with cast a liability
on the state due to their inability to have a policy with regard to sexual harassment of their women workers.
In the first of its kind judgment, the Supreme Court bench headed by Chief Justice verma invoked the Universal Declaration of Human Rights and the CEDAW principles to create comprehensive guidelines for dealing with sexual harassment of women at workplace.
Parliament passed Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressed), Act, 2013
29.