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Interpretation of Statutes and Principles of Legislation
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 9
2025 Jan Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 9 Interpretation of Statutes and Principles of Legislation 2025 Jan Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2025 Jan examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2025 Jan examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2025 Jan examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 80 · 20 questions answered
Instructions printed on the paper
- N.B. (1) Answer all five Units. (2) One essay type question and short note/problems is compulsory from each Unit. (3) Figures to the right indicate marks. (4) Answer should be written in English or in Kannada completely.
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q1
Unit I
(a)Explain the parts of statute.[10]
Answer
For full marks, cover: why the parts of a statute matter; each part in the order it appears (short title, long title, preamble, enacting formula, definitions, sections, provisos, explanations, illustrations, exceptions and savings, schedules, marginal notes, headings, punctuation); what each does and its weight; cases (In re Berubari Union, P. Kasilingam, S. Sundaram Pillai, Bhinka v. Charan Singh, K.P. Varghese, Aswini Kumar Ghosh); a summary table.
Why the parts matter
A statute is not a single block of words. It is built of parts, each with its own job. When a word in a section is doubtful, the court reads it with the other parts of the same Act. That is why a student must know what each part is and how much weight it carries.
The parts, in order
1. Short title. The name by which the Act is cited, such as "the Bharatiya Nyaya Sanhita, 2023". It is a label for convenience and is of little help in interpretation.
2. Long title. It begins "An Act to ..." and states the general purpose of the Act. It is part of the Act and may be used to resolve a doubt, but it cannot control clear words.
3. Preamble. Older Acts and the Constitution open with a preamble stating the reasons and objects of the law. It is a key to the minds of the makers. But it cannot override clear words, and it gives no power. In In re Berubari Union, AIR 1960 SC 845, it was argued that the Preamble's reference to a sovereign republic prevented cession of Indian territory. The Supreme Court held that the Preamble is not a source of any substantive power or of any prohibition.
4. Enacting formula. The words by which the legislature enacts, such as "Be it enacted by Parliament in the ... Year of the Republic of India".
5. Definitions clause. It fixes the meaning of key words "unless the context otherwise requires". The choice of word matters. In P. Kasilingam v. P.S.G. College of Technology, AIR 1995 SC 1395, the Court explained that "means" gives a hard-and-fast definition, "includes" enlarges the meaning, and "means and includes" is exhaustive.
6. Sections. The operative parts that enact the law. They may be divided into sub-sections, clauses and sub-clauses.
7. Provisos. A clause beginning "Provided that". In S. Sundaram Pillai v. V.R. Pattabiraman, AIR 1985 SC 582, the Court held that a proviso ordinarily carves out an exception from the main enactment and is not read as enlarging it.
8. Explanations. An Explanation clarifies the meaning of the section, removes an obscurity or fills a gap. Sundaram Pillai held that it becomes a part of the section it explains.
9. Illustrations. Found mainly in the older codes, such as the Penal Code and the Evidence Act. They show how a section works and are part of the Act. They help the court, but they cannot cut down the plain words of the section.
10. Exceptions and savings. An exception removes certain cases from a provision. A saving clause preserves rights or things done that the Act would otherwise affect.
11. Schedules. Lists and forms at the end of the Act. They are part of the Act, but where a schedule conflicts with a section, the section prevails.
12. Marginal notes. The short notes beside each section. They are not enacted in the same way, so they cannot control the section. But they may be referred to where the section is doubtful. In K.P. Varghese v. Income Tax Officer, Ernakulam, AIR 1981 SC 1922, the Court noted that the marginal note to section 52 of the Income Tax Act 1961 had not been changed when sub-section (2) was added. This supported a narrow reading of that sub-section.
13. Headings. Headings of Chapters and groups of sections. In Bhinka v. Charan Singh, AIR 1959 SC 960, the Court said headings "cannot control the plain words of the statute but they may explain ambiguous words".
14. Punctuation. Commas and full stops carry little weight. In Aswini Kumar Ghosh v. Arabinda Bose, AIR 1952 SC 369, much argument turned on a comma. The Court held that punctuation marks are of little weight in construing a statute.
Summary
| Part | Part of the Act? | Weight in interpretation |
|---|---|---|
| Long title, preamble | Yes | Resolves doubt; cannot override clear words (Berubari) |
| Definitions | Yes | Binding, unless context otherwise requires (Kasilingam) |
| Proviso, Explanation | Yes | Proviso excepts; Explanation clarifies (Sundaram Pillai) |
| Illustrations, schedules | Yes | Helpful; yield to the section |
| Marginal notes, headings | Weakly | Explain doubtful words only (K.P. Varghese; Bhinka) |
| Punctuation | Weakly | Little weight (Aswini Kumar Ghosh) |
Conclusion. A statute is made up of titles, a preamble, definitions, and sections with their provisos, explanations and illustrations. It also has exceptions, savings and schedules, with marginal notes, headings and punctuation alongside. The enacting sections carry the law. The other parts help to explain doubtful words but never override clear ones. The Supreme Court held so for the preamble in Berubari and for headings in Bhinka.
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