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Report No. 183

Application of external aids cannot be uniform

As discussed above, the external aids are very useful tools for the interpretation or construction of statutory provisions. Law is almost settled in our country on the issue as to which external aids are admissible and what weight age should be given to each such aid. There is no uncertainty about the admissibility of these aids. Courts are following uniform process in this respect.

But it does not necessarily mean that in every case, court should take recourse to each admissible external aid. Each case contains different facts and circumstances. Court has to apply the appropriate law to the facts and circumstances of the case. So, when the court refuses to take recourse to a particular external aid in a specific case rather than to another external aid because of the special facts, circumstances and context of the case, it does not mean that courts are not following uniform process or the law is uncertain.



A continuum on the General Clauses Act, 1897 with special reference to the admissibility and codification of external aids to interpretation of statutes Back




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