Calcutta University
8th Semester Examination, 2025
Paper 2 ~ Interpretation of Statutes and Principles of Legislation
Full Marks: 80 Time: 3 Hours
The figures in the margin indicate full marks. Candidates are required to give their answers in their own words as far as practicable.
Answer any five questions.
1.
(b) Distinguish between ‘Interpretation’ and ‘Construction’. [10]
2. Explain the 'Mischief Rule' of interpretation as laid down in Heydon's case. How does it differ from the 'Literal Rule' of interpretation? Illustrate your answer with case laws. [16]
3. "The Golden Rule is a modification of the Literal Rule of interpretation." Discuss this statement and explain the principles of the Golden Rule with the help of decided cases. [16]
4. (a) What are the external aids to the interpretation of statutes? [8]
(b) Discuss the importance of 'Parliamentary History' as an external aid to interpretation. [8]
5. Explain and distinguish between the internal aids and external aids to interpretation. Which of them are more valuable in the interpretation of a statute? [10+6]
6. Discuss the rules of interpretation applicable to Penal Statutes and Taxing Statutes. Refer to relevant case laws. [8+8]
7. What are the various presumptions that a court may take into consideration while interpreting a statute? Discuss the presumption against the retrospective operation of a statute. [16]
8. Critically explain Jeremy Bentham's principle of utility as a guiding principle of legislation. [16]
9. (a) Explain the meaning and application of the maxim 'ut res magis valeat quam pereat'. [8] (b) Discuss the importance of 'Proviso' as an internal aid to interpretation. [8]
10. Write short notes on any two of the following: [8×2]
(a) Ejusdem Generis
(b) Preamble
(c) Mandatory and Directory Provisions
(d) Austin’s concept of law
Calcutta University
8th Semester Examination, 2025
Paper 2 ~ Interpretation of Statutes and Principles of Legislation
Full Marks: 80
Time: 3 Hours
Instructions:
- The figures in the margin indicate full marks.
- Candidates are required to give their answers in their own words as far as practicable.
- Answer five questions, taking three from Group A, one from Group B, and one from Group C.
Group A
(Answer any three questions)
- (a) Define “Interpretation of Statutes” and distinguish it from “Construction of Statutes.” [8](b) Explain the Literal Rule of Interpretation with reference to relevant case laws. [8]
Discuss the Golden Rule of Interpretation and its application in avoiding absurdity in statutory interpretation. Illustrate with at least two decided cases. [16]
(a) Explain the Mischief Rule of Interpretation and why it is referred to as Heydon’s Rule. [8]
(b) Discuss the Doctrine of Harmonious Construction with suitable judicial pronouncements. [8]Explain any two of the following maxims with relevant case laws: [8 × 2]
(a) Noscitur a Sociis
(b) Ejusdem Generis
(c) Expressio Unius Est Exclusio Alterius
(d) Reddendo Singula SingulisDiscuss the role of internal and external aids in the construction of statutes. Highlight the significance of preamble and parliamentary debates with examples. [16]
Explain the rules governing the interpretation of penal statutes. How do these rules differ from those applied to remedial statutes? Refer to case laws. [16]
Group B
(Answer any one question)
(a) Discuss the salient features of the General Clauses Act, 1897. [8]
(b) What are the consequences of the repeal of an enactment under the General Clauses Act, 1897? [8]Write short notes on any four of the following: [4 × 4]
(a) Service by Post
(b) Document
(c) Offence
(d) Union Territory
(e) Collector
(f) Central Act
Group C
(Answer any one question)
(a) Discuss the nature and scope of legislation in the modern context. [8]
(b) Explain the concept of delegated legislation and its significance in contemporary governance. [8]Analyze Bentham’s Theory of Utilitarianism and its relevance to modern legislative principles. [16]
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