Internal aids mean those aids which are available in the statute itself, though they may not be part of enactment. These internal aids include long title, preamble, headings, marginal notes, illustrations, punctuation, proviso, schedule, transitory provisions, etc. When internal aids are not adequate, the court has to take recourse to external aids. In this article, we shall study the use of the headings as an internal aid to the interpretation of statutes.
The term ‘Interpretation’ is derived from Latin term ‘interpretari’ which means to explain or to understand or translate. Interpretation means the art of finding out the true sense of enactment by giving the words of the enactment their natural and ordinary meaning. Thus interpretation is a process through which one ascertains the true and correct intention of the law making bodies as is laid in the form of statutes. The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. These principles are sometimes called ‘rules of interpretation’. This process is commonly adopted by the courts for determining the exact intention of the legislature. Because the objective of the court is not only merely to read the law but is also to apply it in a meaningful manner to suit from case to case.
According to Salmond: “by interpretation or construction is meant, the process by which the courts seek to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed.”
Jurists take the help of both Rules and Aids in the interpretation of Statutes. There are three rules of interpretation of statutes- Literal, Golden and Mischief. An Aid, on the other hand is a device that helps or assists. For the purpose of construction or interpretation, the court has to take recourse to various internal and external aids.
In B. Prabhakar Rao and others v State of A.P. and others , AIR 1986 SC 120 case, O. Chennappa, Reddy J. has observed : “Where internal aids are not forthcoming, we can always have recourse to external aids to discover the object of the legislation. External aids are not ruled out. This is now a well settled principle of modern statutory construction.”
Internal Aids:
Internal aids mean those aids which are available in the statute itself, though they may not be part of enactment. These internal aids include, long title, preamble, headings, marginal notes, illustrations, punctuation, proviso, schedule, transitory provisions, etc. When internal aids are not adequate, court has to take recourse to External aids. External Aids may be parliamentary material, historical background, reports of a committee or a commission, official statement, dictionary meanings, foreign decisions, etc.
Headings:
There are two kinds of headings in a statute, those prefixed to a section and those prefixed to a group or set of sections. The headings prefixed to a group of set of sections serve as a preamble to those sections. Headings are not passed by the Legislature but they are subsequently inserted after the Bill has become law.
In Bhinka v. Charan Singh, AIR 1959 SC pp.960, 966 case, the Court held that the view is now settled that the Headings or Titles prefixed to sections or group of sections can be referred to in construing an Act of the Legislature. Conflicting opinions have been expressed on the question as to what weight should be attached to the headings.
In Toronto Corporation v. Toronto Rly Co., Ibid, p. 324 case, the Court observed that “A Heading is to be regarded as giving the key to the interpretation of the clauses ranged under it, unless the wording is inconsistent with such interpretation.
In Qualter Hall & Co. v. Board of Trade, Ibid, p. 392 case, the Court observed that the headings might be treated “as preambles to the provisions following them.
In M/s. Frick India Ltd. v. Union of India, AIR 1990 SC pp.689, 693 case, the Supreme Court expressed itself as follows: “It is well settled that the headings prefixed to sections or entries (of a Tariff Schedule) cannot control the plain words of the provisions; they cannot also be referred to for the purpose of construing the provision when the words used in the provision are clear and unambiguous; nor can they be used for cutting down the plain meaning of the words in the provision. Only in the case of ambiguity or doubt the heading or sub-heading may be referred to as an aid in construing the provision but even in such a case it could not be used for cutting down the wide application of the clear words used in the provision.”
In Bhinka v. Charan Singh, AIR 1959 SC pp.960, 966 case, the Court observed: “The heading prefixed to sections or sets or sections in some modern statutes are regarded as preambles to those sections. They cannot control the plain words of the statute but they may explain ambiguous words.”
In Krishnaiah v. State of A.P. AIR 2005 AP 10 case, it was held that headings prefixed to sections cannot control the plain words of the provisions. Only in the case of ambiguity or doubt, heading or sub-heading may be referred to as an aid in construing provision.
In Durga Thathera v. Narain Thathera, AIR 1931 All 597 case,the court held that the headings are like a preamble which helps as a key to the mind of the legislature but do not control the substantive section of the enactment.
In Godrej & Boyce Mfg. Co. Pvt. Ltd. V. Municipal Corporation of Greater Bombay, AIR 1992 Bom 104 case, the Court held that for interpretive purposes, headings and titles are of use only when they shed light on some ambiguous word or phrases. They are but tools available for the resolution of a doubt. But they cannot undo or limit that which the text makes plain.
Limitations of Headings as Internal Aid to Construction:
- Headings can neither cut down nor extend the plain meaning and scope of the words used in the enacting part.
- Headings cannot control the clear and plain meaning of the words of an enactment.
Conclusion:
The heading is a shorthand reference tool which provides a quick and brief idea about the contents or of the general subject-matter involved. There is a very rare use of headings in the interpretation of statutes.