Write note on General Clauses Act 1897
Answer-06
The General Clauses Act, 1897 is a key legislative
instrument in India designed to provide clarity and consistency in the
interpretation of statutes. It lays down definitions and rules of construction
to ensure uniformity across laws. In the context of the Interpretation of
Statutes, the Act plays a vital role in guiding courts, legal professionals,
and lawmakers. Here's a pointwise explanation:
________________________________________
1. Purpose of the Act
• The Act
provides definitions of commonly used terms in statutes.
• It
establishes general rules for interpreting provisions in various laws, ensuring
uniformity.
• It aids
in resolving ambiguities in the language of laws.
________________________________________
2. Applicability
• Applies
to Central Acts, Regulations, and certain statutory instruments.
• It is
applicable only if the concerned Act does not have provisions contrary to those
in the General Clauses Act.
________________________________________
3. Key Sections Relevant to Interpretation
Section 2: Definitions
• Provides
definitions of terms like "act," "affidavit," "Central
Government," "commencement," etc., which are used across
statutes.
Section 3: Gender and Number
• Words in
singular include plural, and words in masculine include feminine, unless
otherwise specified.
Section 6: Effect of Repeal
• Explains
that unless specified otherwise, the repeal of an Act does not:
o Revive
anything not in force at the time of repeal.
o Affect
rights, privileges, obligations, or liabilities acquired under the repealed
Act.
o Impact
legal proceedings already initiated.
Section 8: Construction of References
• If an Act
refers to another law, any amendments to the referred law will automatically
apply, unless stated otherwise.
Section 9: Commencement and Termination of Time
• Explains
how time is calculated in statutes (e.g., excluding the first day and including
the last day).
Section 10: Acts Done on Holidays
• Clarifies
that if an action or proceeding is required to be done on a public holiday, it
can be performed on the next working day.
Section 13: Gender and Number
• Words
importing the masculine gender shall include females and vice versa.
Section 14: Power Conferred May Be Exercised from Time to
Time
• Powers
conferred by a statute may be exercised multiple times unless specified
otherwise.
Section 16: Power to Appoint Includes Power to Remove
• If an
authority has the power to appoint someone, it also has the power to suspend or
remove that person.
Section 27: Meaning of "Service by Post"
• Explains
the method of serving documents by post and when such service is deemed to be
complete.
________________________________________
4. Interpretative Guidance from the Act
• Literal
Interpretation: The Act ensures that statutes are interpreted using defined
terms, reducing confusion.
• Harmonious
Construction: It helps maintain consistency between old and new laws.
• Preservation
of Rights: Ensures that repealed laws do not affect existing rights or ongoing
proceedings.
• Supplementary
in Nature: It fills gaps in statutes by providing default rules of
interpretation.
________________________________________
5. Judicial Reference
Courts often refer to the General Clauses Act while
interpreting ambiguous or unclear provisions of statutes. For example:
• In State
of Punjab v. Mohar Singh, the Supreme Court relied on Section 6 to interpret
the effect of repeal on vested rights.
________________________________________
6. Role in Drafting and Interpretation
• Ensures
statutes are drafted with standardized terms.
• Simplifies
judicial interpretation by providing a consistent framework.
• Helps
determine legislative intent when interpreting statutory provisions.
________________________________________
Conclusion
The General Clauses Act, 1897 is an essential tool in the
Interpretation of Statutes, ensuring clarity, consistency, and harmonization in
law. It provides default rules that apply unless explicitly excluded by
specific legislation, aiding both drafters and interpreters of laws.
Comments
Post a Comment