All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

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57.

Which of the following is not an external aid that may be used to assist in constructing the meaning of a piece of legislation ?

A: parliamentary debates
B: Law Commission reports
C: Other statutes
D: Decisions of courts in other jurisdictions.
E: Proviso to a provision in the statute.

The answer is: E

Explanation

The correct option is E: Proviso to a provision in the statute.

A proviso is a clause in a statute that introduces a condition or an exception to the main provision. A proviso is an internal aid to interpretation, as it is part of the statute itself and not an external source of information or guidance. A proviso can be used to limit, qualify, or modify the effect of the main provision, or to introduce a new condition or exception.

External aids to interpretation are sources of information and guidance that are outside the statute and provide supplementary context for its interpretation. External aids can be used when the meaning of the statute is unclear, ambiguous, or absurd, and when the internal aids are insufficient to resolve the difficulty. Some examples of external aids are :

Parliamentary debates: These are the records of the discussions and deliberations that take place in the Parliament during the enactment of a statute. They can provide insight into the purpose, object, and intention of the legislature behind the statute.

Law Commission reports: These are the reports prepared by the Law Commission, which is a statutory body that reviews and reforms the laws of India. The Law Commission reports can provide background information, analysis, and recommendations on various legal issues and proposed legislation. They can help in understanding the rationale, scope, and implications of a statute.

Other statutes: These are other enactments that are related to or deal with the same subject matter as the statute in question. They can help in interpreting a statute by providing a consistent and harmonious meaning to the words and phrases used in it. This is also known as the rule of pari materia, which means "of the same matter".

Decisions of courts in other jurisdictions: These are the judgments or rulings of courts in other countries or regions that have similar legal systems or principles as India. They can help in interpreting a statute by providing comparative analysis, persuasive authority, or illustrative examples on how a similar statute has been interpreted or applied elsewhere.