Sources of Law Questions and Answers

Q: Which of the following is not an internal aid to the construction or interpretation of statute:-

The key treats marginal notes appended to a section as not an internal aid.The long title, the preamble and the illustrations are all enacted parts of a statute, and courts regularly read them to resolve ambiguity. Illustrations in particular, as in the Indian Penal Code and the Evidence Act, are valuable guides to the meaning of a section.Marginal notes stand on a weaker footing. The traditional rule, followed in many Supreme Court decisions, is that marginal notes are inserted by the draftsman and are not part of the statute, so they cannot control the plain meaning of the enacting words; at most they may be glanced at to see the drift of a section. That is why the paper singles them out.

Q: 'Rule in Heydon's case' is also known as;

The rule in Heydon's case is also known as Purposive construction.Heydon's case (1584) laid down the mischief rule: the court asks what the law was before the Act, what mischief it did not provide for, what remedy Parliament chose and the true reason for it, and then interprets the Act to suppress the mischief and advance the remedy. Reading a statute in light of its purpose is purposive construction.Literal construction gives words their plain meaning whatever the result, harmonious construction reconciles provisions that seem to conflict, and casus omissus is a case the statute has omitted, which courts generally may not supply.

Q: The rule of construction 'Nocsitur a sociis' means;

The rule means The meaning of a word is to be judged by the company it keeps.Noscitur a sociis (printed 'Nocsitur' in the paper) holds that where a word of doubtful meaning is grouped with other words, it takes its colour from them: a word in a list is read in the sense common to its companions.Reconciling the specific and the general is closer to the ejusdem generis rule and to the maxim that the special provision prevails over the general. 'No word in a statute is superfluous' is the presumption against surplusage, a separate rule.

Q: In................., the Supreme Court of India adopted the doctrine of prospective overruling.

The doctrine was adopted in the Golak Nath case.In I. C. Golak Nath v. State of Punjab (1967), the Supreme Court held that Parliament could not amend fundamental rights, overruling earlier decisions. To avoid unsettling the land reforms already made under the earlier view, Chief Justice Subba Rao applied the American doctrine of prospective overruling: the new law would apply only to future cases, leaving past amendments valid.Kesavananda Bharati (1973) overruled Golak Nath and laid down the basic structure doctrine. A. K. Gopalan (1950) and Maneka Gandhi (1978) concern Article 21 and personal liberty, not prospective overruling.

Q: According to Dias, ‘ratio decidendi’ means the...............

The answer is All the above.R. W. M. Dias points out that the phrase 'ratio decidendi' is used in more than one sense. It may mean the reason for the decision; the rule of law put forward by the judge as the basis of the decision; or the rule of law which later courts regard as the binding authority of the case.Because Dias treats all three as recognised meanings of the term, choosing any single one of them leaves out the others; the composite option is the keyed answer.

Which of the following is not an internal aid to the construction or interpretation of statute:-

A.Long Title of an Act.
B.Illustrations.
C.Marginal Notes appended to a section.
D.Preamble of a statute.

Exam Year(s)

Rajasthan High Court Civil Judge - 2018, Rajasthan Judicial Service - 2018,

Answer: C

The key treats marginal notes appended to a section as not an internal aid.

The long title, the preamble and the illustrations are all enacted parts of a statute, and courts regularly read them to resolve ambiguity. Illustrations in particular, as in the Indian Penal Code and the Evidence Act, are valuable guides to the meaning of a section.

Marginal notes stand on a weaker footing. The traditional rule, followed in many Supreme Court decisions, is that marginal notes are inserted by the draftsman and are not part of the statute, so they cannot control the plain meaning of the enacting words; at most they may be glanced at to see the drift of a section. That is why the paper singles them out.

Discuss in Forum

'Rule in Heydon's case' is also known as;

A.Purposive construction.
B.Casus omissus.
C.Literal construction.
D.Harmonious construction.

Exam Year(s)

Rajasthan High Court Civil Judge - 2019, Rajasthan Judicial Service - 2019,

Answer: A

The rule in Heydon's case is also known as Purposive construction.

Heydon's case (1584) laid down the mischief rule: the court asks what the law was before the Act, what mischief it did not provide for, what remedy Parliament chose and the true reason for it, and then interprets the Act to suppress the mischief and advance the remedy. Reading a statute in light of its purpose is purposive construction.

Literal construction gives words their plain meaning whatever the result, harmonious construction reconciles provisions that seem to conflict, and casus omissus is a case the statute has omitted, which courts generally may not supply.

Discuss in Forum

The rule of construction 'Nocsitur a sociis' means;

A.The meaning of a word is to be judged by the company it keeps.
B.To reconcile incompatibility between the specific and general words.
C.No word in a statute is superfluous.
D.None of the above.

Exam Year(s)

Rajasthan High Court Civil Judge - 2019, Rajasthan Judicial Service - 2019,

Answer: A

The rule means The meaning of a word is to be judged by the company it keeps.

Noscitur a sociis (printed 'Nocsitur' in the paper) holds that where a word of doubtful meaning is grouped with other words, it takes its colour from them: a word in a list is read in the sense common to its companions.

Reconciling the specific and the general is closer to the ejusdem generis rule and to the maxim that the special provision prevails over the general. 'No word in a statute is superfluous' is the presumption against surplusage, a separate rule.

Discuss in Forum

In................., the Supreme Court of India adopted the doctrine of prospective overruling.

A.Kesavananda Bharati case
B.A.K. Gopalan case
C.Golak Nath case
D.Maneka Gandhi case

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: C

The doctrine was adopted in the Golak Nath case.

In I. C. Golak Nath v. State of Punjab (1967), the Supreme Court held that Parliament could not amend fundamental rights, overruling earlier decisions. To avoid unsettling the land reforms already made under the earlier view, Chief Justice Subba Rao applied the American doctrine of prospective overruling: the new law would apply only to future cases, leaving past amendments valid.

Kesavananda Bharati (1973) overruled Golak Nath and laid down the basic structure doctrine. A. K. Gopalan (1950) and Maneka Gandhi (1978) concern Article 21 and personal liberty, not prospective overruling.

Discuss in Forum

According to Dias, ‘ratio decidendi’ means the...............

A.Reason for/of decision
B.Rule of law offered by the judge as the basis of his decision
C.Rule of law which others regard as being of binding authority
D.All the above

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: D

The answer is All the above.

R. W. M. Dias points out that the phrase 'ratio decidendi' is used in more than one sense. It may mean the reason for the decision; the rule of law put forward by the judge as the basis of the decision; or the rule of law which later courts regard as the binding authority of the case.

Because Dias treats all three as recognised meanings of the term, choosing any single one of them leaves out the others; the composite option is the keyed answer.

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