Table of contents Introduction Aids to interpretation Development of internal aids to interpretation through case laws Definition of headings & marginal notes Purpose of headings & marginal notes Scope of headings & marginal notes Courts interpretation of the meaning of these two instruments ConclusionINTRODUCTION:Words spoken or written are the means of communication. Where the are possi!leof giving one and onl one meaning there is no pro!lem. "ut where there is a possi!ilit oftwomeanings# apro!lemarisesandthereal intentionisto!esortedout. Ittwopersonscommunicatingwitheachotheraresittingtogether$ thecan!su!se%uent conversationclear the confusion and make things clear. "ut what will happen if a provision in an statuteis found to conve more than one meaning& 'he (udges and the )awers whose dut it is tointerpret statutes have no opportunit to converse with the )egislature which had enacted aparticular statute. 'he )egislature#after enacting statutes !ecomes functus officio*so far asthose statutes are concerned. It is not their function to interpret the statutes. 'hus the twofunctions are clearl demarcated. Legislature enacts and the Judges interpret. 'he difficultwith (udges is that the cannot sa that the do not understand a particular provision of anenactment. 'he have to interpret in one wa or another. 'he cannot remand or refer !ackthe matter to the )egislature for interpretation. 'hat situation led to the !irth of principles ofinterpretation to find out the real intent of the )egislature. Conse%uentl# the Superior Courtshad to give us the rules of interpretation to ease am!iguities# inconsistencies# contradictionsor lacunas. 'he rules of interpretation come into pla onl where clarit or precision in theprovisions of the statute are found missing+. ,oodenactments are thosewhichhaveleastam!iguities# inconsistencies#contradictions or lacunas. "ad enactments are gold mine for lawers !ecause for half of thelitigation the legislative draftsmen are undou!tedl the cause. 'he most common rule of interpretation is that ever part of the statute must !eunderstood in a harmonious manner ! reading and construing ever part of it together. 'hema-im .A Verbis legis non est recedendum/ means that ou must not var the words of thestatute while interpreting it..*. 'his term is derived from a )atin term meaning# .0aving fulfilled the function# discharged the office#or accomplished the purpose# and therefore of no further force or authorit./+. www.francis!ennion.comInterpretation of statute is the process of ascertaining the true meaning of the wordsused in a statute. It is therefore necessar to interpret the statute to find out the real intentionof the statute# with the help of the rules of interpretation# when it is not possi!le to interpretthe sections from its actual words1. 'herefore it is well settled that internal or e-ternal aids of interpretation areonl necessar when there is an am!iguit# however usuall the are not called for. 'he trueendanddesignof interpretationistogather theintent of thelegislaturefromthemostpro!a!le signs. If courts are to allow a purposive interpretation# it follows that it ma look forauthorit outside the specificwordsof the legislation. Wheretheauthorit isinthesamestatute# this is often referred to as an 2Intrinsic authorityor 2Internal Aid. 3verthing elsewill !e 2extrinsic aid orExternal Aid. 'herefore internal aids mean those materials whichare availa!le in the statute itself# though the ma not !e part of enactment. 'hese internalaidsinclude, long title, preamble, headings, marginal notes, illustrations, punctuation,proviso, schedule, transitory provisions, etc When internal aids are not ade%uate# court has totakerecourseto3-ternal aids. 3-ternal Aids ma!eparliamentarymaterial, historicalbac!ground, reports of a committee or a commission, official statement, dictionary meanings,foreign decisions, etc". 3ven after the act is passed# the court ma# if necessar# interpret the act !appling e-ternal aids if the language is am!iguous. It is a cardinal rule of interpretation thatinternal aids to construction should !e given preference while interpreting a statute howeverwhereinternalaidsarenotforthcoming# wecanalwashaverecoursetoe-ternalaidstodiscovertheo!4ect ofthelegislation. 3-ternal aidsarenot ruledout.'hisisnowawellsettled principle of modern statutor construction5.AIDS TO INTERPRETATION:'he purpose of the interpretation of the statute is to unlock the locks put ! the)egislature. 6or such unlocking# kes are to !e found out. 'hese kes ma !e termed as aidsfor interpretation and principles of interpretation. .1. http788www.caaa.in8Image8Interpretation9+:of9+:Statutes.pdf;. AI? *@AA SC *AA15. ". Pra!hakar ?ao and others v State of A.P. and others#AI? *@AB SC *+:AIDSTOINTERPRETAT IONAIDSTOINTERPRETAT IONINTERNAL AIDSINTERNAL AIDS 'here are num!er of aids & the can !e classified under the following two headings7C DEVELOPMENT OF INTERNAL AIDS TOINTERPRETATION THROUGHCASE LAWS: In this regard# a Constitution "ench of five (udges of the Supreme Court inR.S. Nayak vs. A.R. Antulay6# has held7 Dictionaries Text books Historical background Legislative history Practice-judicial, conveyancing, administrative & commercial Long title Preamble Marginal notes Headings Denition or headings clauses Provisos !llustrations "xce#tions and saving clauses "x#lanations $chedules #unctuations#If the $ords of the %tatute are clear and unambiguous, it is the plainest .B.AI? *@A; SC BA;.duty of the &ourt to give effect to the natural meaning of the $ords used in the provision 'he(uestion of construction arises only in the event of an ambiguity or the plain meaning of the$ords used in the %tatute $ould be self defeating) ?ecentl# again Supreme Court inGrasim Industries Ltd. vs. Collector ofCustoms, Bombay

# has followed the same principle and o!served7 #*here the $ords are clear and there is no obscurity, and there is noambiguity and the intention of the legislature is clearly conveyed, there is no scope for courtto ta!e upon itself the tas! of amending or altering the statutory provisions)DEFINITION OF HEADINGS ! MARGINAL NOTES:HEADINGS: 0eadings are of two kinds D one prefi-ed to a section and other prefi-ed to agroup or set of sections. 0eading is to !e regarded as giving the ke to the interpretation andthe heading ma !e treated as prologues to the provisions following them.In +urga 'hathera v ,arain 'hathera-, the court held that the headings are like ane-ordiumwhichhelps as a ketothe mindof the legislature !ut donot control thesu!stantive section of the enactment. In .rishnaiah vs %tate of A/0# it was held that headings prefi-ed to sectionscannot control the plain words of the provisions. Enl in the case of am!iguit or dou!t#heading ma !e referred to as an aid in construing provision. Plainl# the court has said that a heading acts as a prelude to the forthcomingsections and the can !e referred to when there is an am!iguit in the provision. It also addsthe court shall resort to interpret a legal provision through its heading onl when the meaning .F. =+::+>; SCC +@F.A. AI? *@1* All 5@F"# AI? +::5 AP *:derived from that provision is either am!iguous or uncertain !ut the do not pla a pivotalrole in the interpretation of the provision !A "eadin# is to section or a #rou$ of sections %"at a $reamble is to an act.In 1ric! India Ltd V 2nion of India and 3rs45,it is well settled that the headingsprefi-ed to sections or entries cannot control the plain words of the provision$ the cannotalso !e referred to for the purpose of construing the provision when the words used in theprovisionareclear andunam!iguous$ nor canthe!eusedfor cuttingdowntheplainmeaning of the words in the provision. Enl# in the case of am!iguit or dou!t# the headingma !e referred to as an aid in construing the provision !ut even in such a case it could not !eused for cutting down thewideapplication of theclearwords usedin theprovision.'he4urisprudence was further developed ! the courts wherein the held that headings might !etreatedasthepream!lestotheprovisionsfollowingthem. Efcourseit isverclearthatheadings cannot !e used to give a different effect to the clear words in the section where therecannot !e an dou!ts as to the ordinar meaning of words. It was held that headings prefi-edto sections cannot control the plain words of the provisions. Enl in the case of am!iguit ordou!t# heading or su!Cheading ma !e referred to as an aid in construing provision**a.MARGINAL NOTES:Garginal notes are the notes that are printed at the side of the section in an Act andit summariHes the effect of the section. 'he are not part of the statute. So the must not !econsidered. "ut if there is an am!iguit the ma !e referred onl as an internal aid to theconstruction. In the case of&handler vs +//44, the 0ouse of )ord said that side notes couldnot !e used as an aid of interpretation. In the case of &I' v Ahmebhai 2marbhai 6 &o47# the court said that marginal .*:. I*@A:J 3)' +A: "om.**. I*@B;J + K" 1++. **a. Indian Case Analsis of Internal Aids to Construction ! Gr. redd & Gr. Srivastava *+. =*@::> AC 5AAnotes# in India# in an act of Parliament cannot !e referred to for the purpose of construing thestatute. In the olden times help used to !e taken sometimes from the marginal notes whenthe clear meaning of the enactment is in dou!t. "ut the modern view of the courts is thatmarginal notes should have no role to pla while interpreting a statute. 'he basis of this vie$ is that the marginal notes are not parts of a statute becausethey arenot insertedby the legislators nor arethey printedinthe marginunder theinstructions or authority of the legislature. 'hese notes are inserted ! the drafters and mantimes the ma !e inaccurate too. 0owever# there ma !e e-ceptional circumstances wheremarginal notes areinserted!thelegislatures andtherefore# whileinterpretingsuchanenactment help can !e taken from such marginal notes. 'heconstitutionofIndiaissuchacase.'hemarginal noteswereinserted!theConstitution Assem!l and# therefore# while interpreting the Indian Constitution# it is alwaspermissi!le to seek guidance and help from the marginal notes.PURPOSE OF HEADINGS ! MARGINAL NOTES:HEADINGS: 'he impetus for having a heading in a statute is derived from the fact that themeaningof a provisionshoulddeterminedinits correct sensewhere that provisionisam!iguous# and ma sometimes !e of help in determining the scope of a provision.'his statement has further !een endorsed ! the Australian SC in %il! 8ros /ty ltdv%tate Electricity &ommission ofVictoria49.In thiscase#itwas held# .'heheadings in astatute or in ?egulations can !e taken into consideration in determining the meaning of aprovision where that provision is am!iguous# and ma sometimes !e of service indetermining the scope of a provision. L"ut where the enacting words are clear andunam!iguous# thetitle# orheadings# must givewa#andfull effect must !egiventotheenactment.L.*1. BF C)? * Plainl speaking# this part of a statute comes across as an aid to interpretation whenthe provision is either vague or am!iguous or uncertain. 0owever# the court can not availitself of the help offered ! this aid when the provision is clear in its conte-t.MARGINAL NOTES: 'he term :arginal notes or 2Side notes are used to refer to the group of wordsthat are placed !efore a section. 'hese words have !een placed !efore a section in order toconve# in short# the general conte-t of that section. 0owever# one can completel fall !ackon this instrument# as the are 4ust instruments that come in hand onl while interpreting avague or am!iguous or uncertain provision and not while interpreting a clearCcut provision.En the whole# it can !e deduced that these two parts of a statute serve a purposeonl when there is a pro!lem in deriving the meaning of a provision from its actual wordsand if the concerned provision is clear in what it wants to conve# then there is no need forthesetwoinstruments tocomeintothescene. 'his is thecasefor all tpes of aids tointerpretation.SCOPE OF HEADINGS ! MARGINAL NOTES:HEADINGS: 0eadings are placed !efore a section or a group of sections. 'he give a !riefaccount of what the forthcoming section=s> will !e dealing with. With regard to the help thatthis instrument lends whileinterpretingalegal provision# it can!esaidthat it gives asecondar help. "ecause# the courts are first helped ! the words contained in the provision#during the interpretation process# and if the court is una!le to draw a proper conclusion# then#it resorts to the aids of interpretation. 6urther# it can !e taken as an aid to interpretation onl when a person is aware ofthe fact that this is onl an aid to interpret a provision and the true meaning of that provisioncan!ederivedonl!givingathoroughreadingofthat section# withthehelpoftheseinterpretational aids# if necessar. With respect to the roleCpla of 2headings as an instrument of interpretation# it can!e said that# 'he offer a secondar help# 'he giveke to the mind of the legislature !ut do not control the su!stantivesection of the enactment#'he can !e used onl when the provision is vague# am!iguous or uncertain#'heir 4urisdiction ends when the concerned provision has !een framed in a definite manner.'he do not have a complete control on the provision#'heir control is onl partial# &'he should !e relied upon onl occasionall.MARGINAL NOTES:A marginal note is that part of a statute that is situated at the side of ever section ofthe statute. 'his marginal note gives a !rief on the contents of the section# !efore which thehave !een placed. 3.g.7C In sec. 1:+ of Indian penal code# the marginal note reads as .Punishment formurder/Mormall# pro!lems dont arisewhenthestatuteor aprovisionconves itsintention in an intelligi!le manner. "ut# the law fails to do so at times# and during such times#the court is under an o!ligation to solve the legal issue. 0ence# the court tries to effectuate asolution ! using the other methods of interpretation. Nsing the parts of a statute is one waof interpreting a statute. Garginal notes were# originall# considered to !e a part of a statute. And# hence#thehadavital roleintheprocessof interpretingastatute. "ut# duringtheprocessofevolution# marginal notes lost its importance as an aid to interpretation as the 4urists didntconsider them to !e a part of a statute. 'his was so# !ecause# the 4urists felt that onl thoseparts astatutethat has!eenenacted!thelegislaturecan!etakenintoaccount whileinterpreting. And# thus# marginal notes# !eing a part of a statute that has !een inserted into theact!anauthoritotherthanthelegislature# cannotclaimtohaveintheinterpretationalprocess. 0owever# there is an e-ception to this general rule that a marginal note cannot !eaccepted as an instrument of interpretation. 'hat is# while interpreting the constitution# thecourts can comforta!l rel on the marginal notes# as & when re%uired# as the have !eeninserted ! the drafters themselves and# the can legitimatel occup a position e%ual to thatof the constitutional provisions. " and large# it can !e gleaned that the courts can use these aids of interpretationwhen there is a handicap in the statute that hinders the administration of 4ustice. In spite allthe discussions on the usefulness of heading and marginal notes# it can !e said that normallthe act as parts of a statute and during emergenc situations# the occup the position of aidsof interpretation and help inthe administration of fair & e%uita!le 4ustice.COURT$S INTERPRETATION OF THE MEANING OF THESETWO INSTRUMENTS:HEADINGS:'he term .headings/ is used to refer to a set of words used as a prefi- to a section or agroup of sections. 'he interpretational rules that are applied to the pream!le shall !e appliedto headings also# as the headings are considered to !e the pream!le for a sections or group ofsections. 'herefore# if the meaning of the section is clear then there is no need to refer to theheadings in order to interpret the concerned section. 'hus# it can !e said that headings cometo the rescue of the courts# while interpretation# when the statute is either am!iguous ofOruncertain. 6urther# a heading to one group of sections cannot !e used to interpret another set ofsections. 0owever# a chapter heading can !e used to interpret am!iguous provisions.%HIN&A SINGH VS# CHARAN SINGH '( :FACTS:'he petitioner was the tenant of the respondent# who sought to evict the petitioner #*;. AI? *@5@ SC @B:under sec. *A: of the N.P '3MAMCP AC'# *@1@. SECTION IN DISPUTE:.A person taking or retaining possession of a plot of land without the consent of theperson entitled to admit him & otherwise than in accordance with the provisions of the lawfor the time !eing in force shall !e lia!le to e4ectment./C sec. *A: of the N.P '3MAMCPAC'# *@1@ISSUE:Can a person !e e4ected out of a plot# under the said section# when he is in possessionof the propert under an order under sec. *;5 Cr. P. C.&)UDGEMENT:It was held that the petitioner is having a title of the plot# under an order under sec.*;5 Cr. P. C. And the sec. *A: of the N.P '3MAMCP AC'# *@1@ tries to implicate a personfor possessing a land without an title. 'his fact that onl a possessor without title shall !eheld lia!le under sec. *A: of the N.P '3MAMCP AC'# *@1@ is reiterated ! the heading ofthis section which reads as# .EJE&':E,' 31 /E;%3, 3&&2/ + K" 15;)UDGEMENT:'he main heading of this section reads as# .miscellaneous & general/ and the su!Ctitle reads as# .penalisation of taking motor vehicles without authoritL. Interpreting them thecourt held that a passenger shall !e held lia!le under sec. *A: of the N.P tenanc act# *@1@ ifhetravels inavehicleknowntohave!eenastolenone&that tootakenwithout anauthorit.M,S FRIC& INDIA LTD VS# UNION OF INDIA '- :SECTION IN DISPUTE:Sec. +@A=*C1> of C3M'?A)3QCIS3S&SA)'AC'# *@;;wereto!einterpreted.ISSUE:*> What is the nature of control e-ercised ! headings over the sections&+> Can the !e used when the words of the section are clear & unam!iguous&1> Can a manufacturer of parts re%uired for manufacturing airCconditioners !e made topa ta-es under the C3M'?A) 3QCIS3S & SA)' AC'# *@;;&)UDGEMENT:*>'he Supreme Court held that# in no case# a heading shall not !e allowed to control asection which has a clear meaning# ! itself. 'hus# headings are to !e used onl whenthe provisions are am!iguous. +> 6urther# it added that headings cannot !e used to interpret provisions when the wordsused in that provisions are clear & unam!iguous.1> And# even in such cases# headings shall not !e used for cutting down the meaning ofthe provision which has alread !een e-plained ! the provision. .*B. AI? *@@: SC BA@;> 6inall# it held that sec. +@A =1> of the said act covers all the appliances & all parts ofrefrigerating & airCconditioning appliances# irrespective of the fact whether the werecovered ! the first two clauses or not.5> 'hus# the court decidedthat it is immaterial totake note of the nature of therefrigerating & airCconditioning appliances in order to make him pa ta-es under thesaid section.I.%AL SINGH MARWAH VS# MEENA&SHI TEMPLE '/ :FACTS:'heappellantshadfiledapetitionre%uestingforapro!ateto!epassedintheirfavour. 'he respondents alleged that the documents produced ! the appellants were forgeddocuments. In the document produced ! the appellants# the deceased# a literate# had placedhis thum! impression. 'his was the fact that made the respondents contest the validit of thedocument. 'he proof provided ! the respondents was the !ank documents in which he hadplaced his signature.SECTION IN DISPUTE: Sec. *@5 =i> =!> =ii> of criminal procedure code ISSUE:Whether sec. *@5 =i> =!> =ii> of CrPC !e applied in a case where the documents wereforged !efore the said document could !e produce !efore the court&)UDGEMENT:In this case# the Supreme Court was of the opinion that a heading cannot !e used togiveadifferent effect toasectionwhichis alreadclearldefined. Also# thecan!econsidered as a mere insertion made ! parliament 4ust for the purpose of classifing the .*F. AI? +::5 SC +**@provisions. 6urther# headings shall act as an instrument of e-planation & as a pream!le onlto the sections which immediatel follow them. 'hus# the court declared that the help offered! heading to sections are far greater than that offered ! a pream!le. Saing so# the court held that an offence of forging a document shall !e made lia!leundersec. *@5=i>=!>=ii>ofCrPConlifthedocument has!eenforgedwhenit wasincustodia legis, and not !efore su!mitting it to the court# as it has happened in this case.S#P GUPTA 0s# UNION OF INDIA '1 :SECTION IN DISPUTE:"asicall# this case dealt with the transfer of 4udges & is also known asthe .4udges transfer case/. 'he provisions involved in this case are theconstitutional provisions relating to the appointment of 4udges.)UDGEMENT: In its 4udgement# the SC has heavil relied upon the headings of theconstitutional provisions relating to the appointment of 4udges in order to derivetheir purposes. 6urther# the court has also said that a heading serves the samepurpose to the sections as that of a pream!le to an act.M,S H#M &AMALUDDIN ANSARI ! CO# 0s# UNION OF INDIA '" :SECTION IN DISPUTE:Sec. ;* =a> & =!> of Ar!itration Act# *@;:.*A. AI? *@A+ SC *;@*@. AI? *@A; SC +@)UDGEMENT:'he court held# .'he headings prefi-ed to a section or a group of sections in somemodern statutes are regarded as pream!les to those sections. 'he cannot control the plainwords of the statutes !ut the ma e-plain am!iguous words. 'he view is now well settledthat the headings or titles prefi-ed to a section or a group of sections can !e referred to indetermining the meaning of dou!tful e-pressions. It is true that the court is entitled to look atthe headings in an Act of Parliament to resolve an dou!t the ma have as to am!iguouswords. 'he law is clear that those headings cannot !e used to give a different effect to clearwordsinthesectionwheretherecannot !eandou!t astotheordinarmeaningofthewords./MARGINAL NOTES:'he term .marginal notes/ is use to refer to a set of words that is inserted !efore asection in order to give a !rief a!out the succeeding section. Eriginall# the were consideredto pla a role in the process of interpretation. "ut# presentl# the view taken is that marginalnotes cannot !e used for interpreting a section since the have !een inserted !an authoritother than the legislature.%ENGAL IMMUNIT* CO# 0s# STATE OF %IHAR 23 :SECTION IN DISPUTE:Art. +AB of .'03 CEMS'I'N'IEM E6 IMDIA# *@;@/)UDGEMENT:'he Supreme Court was of the opinion that the marginal notes toart. +ABofconstitution is indeed a part of the constitution & therefore# it could !e convenientl used to .+:. AI? +:*: SC *B+5e-plain the o!4ect and purpose of the concerned article. 'he reason provided ! the court wasthat the marginal notes in the constitution# unlike the other acts# were inserted ! the draftersandfurnishesaninsight intoo!4ect &meaningofthearticle. "utthecontrarviewwase-pressed ! Renkatarama Aar# (. in his minorit 4udgement.INDIAN ALUMINIUM CO# 0s# &ERALA STATE ELECTRICIT* %OARD:FACTS:Inthis case# therespondents hadenteredintoacontract withtheappellants forsuppling electricit at a fi-ed rate. Mow# the respondents are seeking to increase the rates onthe ground that the production & generation of power has !ecome costlier. 'his action of therespondents is !eing contested ! the appellants.SECTION IN DISPUTE:'he sectionthat came infor considerationwas Sec. 5@of the 3)3C'?ICI'PSNPP)P AC'# *@;A. 'his section sas that the state governments permission is needed if theelectricit rate is sought to !e changed.)UDGEMENT:In thiscase# the court disregarded the use of marginal notes as an aid to interpretation! saing that the concerned section does not vest the electricit with the power to change therates & the marginal notes of this section# .general principles for !oards finance/ have norole in providing a help to the process of interpretation.AISHA POTT* 0s# RETURNING OFFICER4 &OLLAM DISTRICT PANCHA*AT 2' : SECTION IN DISPUTE: Article +;1 of the CEMS'I'N'IEM E6 IMDIA# *@;@ & section AA of the