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external aids to interpretation

English · Jurisprudence and interpretation

Meaning. Material outside the statute that a court may consult to understand its meaning, such as debates, reports and history.

Internal aids are found within the statute itself: the long title, preamble, headings, marginal notes, definitions, illustrations, provisos and schedules. External aids lie outside it: the historical background and the mischief the Act was meant to cure, reports of law commissions and committees, the statement of objects and reasons, parliamentary debates, earlier and later statutes on the same subject, dictionaries, foreign decisions and the General Clauses Act, 1897.

Indian courts once refused to look at debates, but now use them to understand the context. In K.P. Varghese the Supreme Court relied on the Finance Minister's budget speech to read down a tax provision. External aids help resolve ambiguity; they cannot override clear words.

Example

The court relied on the Law Commission report, an external aid to interpretation, to identify the mischief the 2018 amendment sought to remedy.

In Indian law

See also

ejusdem generis · expressio unius est exclusio alterius

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