Which Is Known As Internal Aid To Construction?

Which Is Known As Internal Aid To Construction
Introduction: – The most basic function of any court is interpretation. Whenever a dispute reaches a court, the court is supposed to interpret the statutes. The statute finds in itself the formal expression of the legislative wing of the government. The will of the legislature finds its formal expression in the statute; it is the primary duty of the court to find out what was intended by the legislature by the use of particular kind of language in the statute.

  • There are already some set rules which the courts have to go by and there can be no room left for arbitrariness.
  • Many times, it so happens, the terms construction and interpretation get used synonymously but the reality being that the two are actually different in the jurisprudential sense.
  • Interpretation involves the assigning of a true sense to the words of a statute, going by the natural and ordinary meaning while construction means, to draw conclusions, focusing on the true character of the enactment even though on reading them, the words may not ordinarily give the same conclusion, especially when the most ordinary meaning of the words point at something slightly different.

Aid is a device which helps or assists the courts for interpreting and constructing. The court has to take help from certain internal plus external aids to facilitate construction. Internal Aids may include those parts which the statute contains, and these may not form part of the Act or statute.

  1. These include essentially, the short title, the long title, preamble, headings, marginal notes, illustrations, punctuation, provisos, schedules etc.
  2. There comes a point where the internal aids might not suffice the job of construction and at that point, the Courts have to take resort in the External Aids.
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The External Aids consist of parliamentary material, historical background, reports of a committee or a commission, official statement, dictionary meanings, foreign decisions etc. In the case of B. Prabhakar Rao and Others vs. State of A.P. and Others it was observed by O.

Chennappa Reddy, J. that, “Where internal aids are not forthcoming, we can always have recourse to the external aids to discover the object of the legislation.” The honourable Supreme Court in the case of K.P. Varghese vs. Income Tax Officer Ernakulam has held that “interpretation of statute being an exercise in the ascertainment of meaning, everything which is logically relevant should be admissible.” By the internal aids to construction, it is meant that those aids to the construction which have been provided in the Act itself,

The whole enactment aids in the process of interpretation; all the components of the enactment are resourceful in constructing.

What do you mean by internal aids to construction?

Introduction: – The most basic function of any court is interpretation. Whenever a dispute reaches a court, the court is supposed to interpret the statutes. The statute finds in itself the formal expression of the legislative wing of the government. The will of the legislature finds its formal expression in the statute; it is the primary duty of the court to find out what was intended by the legislature by the use of particular kind of language in the statute.

There are already some set rules which the courts have to go by and there can be no room left for arbitrariness. Many times, it so happens, the terms construction and interpretation get used synonymously but the reality being that the two are actually different in the jurisprudential sense. Interpretation involves the assigning of a true sense to the words of a statute, going by the natural and ordinary meaning while construction means, to draw conclusions, focusing on the true character of the enactment even though on reading them, the words may not ordinarily give the same conclusion, especially when the most ordinary meaning of the words point at something slightly different.

Internal aids and External aids to Interpretation of Statutes

Aid is a device which helps or assists the courts for interpreting and constructing. The court has to take help from certain internal plus external aids to facilitate construction. Internal Aids may include those parts which the statute contains, and these may not form part of the Act or statute.

  • These include essentially, the short title, the long title, preamble, headings, marginal notes, illustrations, punctuation, provisos, schedules etc.
  • There comes a point where the internal aids might not suffice the job of construction and at that point, the Courts have to take resort in the External Aids.
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The External Aids consist of parliamentary material, historical background, reports of a committee or a commission, official statement, dictionary meanings, foreign decisions etc. In the case of B. Prabhakar Rao and Others vs. State of A.P. and Others it was observed by O.

  1. Chennappa Reddy, J.
  2. That, “Where internal aids are not forthcoming, we can always have recourse to the external aids to discover the object of the legislation.” The honourable Supreme Court in the case of K.P.
  3. Varghese vs.
  4. Income Tax Officer Ernakulam has held that “interpretation of statute being an exercise in the ascertainment of meaning, everything which is logically relevant should be admissible.” By the internal aids to construction, it is meant that those aids to the construction which have been provided in the Act itself,

The whole enactment aids in the process of interpretation; all the components of the enactment are resourceful in constructing.

What are the internal AIDS of the Act?

Short title – The short title of the Act is only its name and is given solely for the purpose of facility of reference. It is merely a name given for identification of the Act and not for description and generally ends with the year of passing of the Act, such as the Indian Contract Act, 1872, the Indian Penal Code, 1860, the Indian Evidence Act, 1872.

What are internal aids to the construction of statues?

Conclusion – Internal aids to the construction are of great assistance for the courts in facilitating the interpretation and application of certain statues. Being a part of the statue itself, they make it easier to construct, as no other external aids need to be sought.