Aid is one kind of tool or Machin or device which helps to interpret statutes, The court can take help from this aids when there is an Internal Aid to Construction statutes.
Mainly there are two kinds of the Aids to Construction
- Internal Aid to Construction
- External Aid to Construction
These two Aid to Construction help to resolve the ambiguity of the statutes. Court take these tools to lead the main intention of the legislature for the provision.
In this article, we mainly discussed the Internal Aid to Construction statutes.
Internal Aid to Construction
Traditionally, all the writers on the interpretation of statutes consider this is the Internal Aids to Construction.
Preamble,
⇓
Title
⇓
Preamble
⇓
Section
⇓
Subsection
⇓
Title
⇓
Heading
⇓
Marginal notes
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Punctuation,
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Illustrations,
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Definitions,
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Provision,
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Explanation etc.
→ By long decisions, it is now well established that the preamble is not part of the law. It serves the purpose of the legislature as it calculates the storms to overcome. Although it is considered the key to the construction of the statutes, whenever part of the act is open to doubt, it cannot restrict or extend the legal part when the latter part is free from doubt.
However, in our country India, The preamble of the Constitutional law of India mainly gives guidelines for interpreting the Constitutional provision.
- We will deal with this shortly. But there is nothing wrong with referring to the preamble as well as the title of the law for the courts to know the purpose of the legislature or the main intention of the legislature for the statutes.
When there is ambiguity about the provision of the statutes then for resolve that ambiguity mainly refers to the heading of the provision for interpreting the section.
- Another thing is that marginal notes are also used for interpreting the statues.
→ Every penal statute provides an illustration for better interpreting the provision in the statutes. In old times most of the statutes have illustration of the interpretation of the provision into the statutes.
- The Aids which are available statutes itself called them Internal Aids.
Conclusion
Mainly Aid is kind of a tool or device which helps courts with the correct interpretation of the statutes.
There are two kinds of Aids in Construction.
- Internal
- External.
An easy way, the Aids which are available statutes itself called them Internal Aids. Example, Title, Section, Heading, Illustrations, etc.
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