CONTEMPORNEA EXPOSITIO EXTERNAL AID TO INTERPRETATION

Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning.
It is the process of ascertaining the true meaning of the words used in a statute.
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’.
The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.
Contempornea Expositio means that the meaning of words in a document are to be understood in the sense which they bore at the time of the document.
Contemporaneous exposition is the best and strongest in law. It is said that the best exposition of a statute or any other document is that which it has received from contemporary authority.
Contemporanea expositio est optima means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion.
External Aid includes Historical Background,The original bill drafted and introduced,Legal Dictionaries,Debates in the Legislature,Judicial Construction etc.

1. CONTEMPORNEA EXPOSITIO EXTERNAL AID TO INTERPRETATION PRESENTED BY: Shreya Chaurasia

2. INTRODUCTION Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning. It is the process of ascertaining the true meaning of the words used in a statute. 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’. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.

3. AIDS TO INTERPRETATION

4. EXTERNAL AID

5. INTERNAL AID

6. CONTEMPORNEA EXPOSITIO Contempornea Expositio means that the meaning of words in a document are to be understood in the sense which they bore at the time of the document. Contemporaneous exposition is the best and strongest in law. It is said that the best exposition of a statute or any other document is that which it has received from contemporary authority. Contemporanea expositio est optima means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion.

7. APPLICABILITY OF THE MAXIM CONTEMPORNEA EXPOSITIO The maxim contemporanea exposito is applicable in construing ancient statutes, but not to interpreting acts which are comparatively modern. In a modern progressive society it would be un reasonable to confine the intention of a legislature to the meaning attributable to the words used at the time the law was made and unless a contrary intention appears an interpretation should be given to the words used to take in new facts and situations if the words are capable of comprehending them . The supreme Court has refused to apply the principle of contemporanea exposito to the Telegraph Act 1885, and the Evidence Act 1872, but the principle was applied in construing the Bombay Muncipal Corporation Act 1888.

8. LIMITATION OF THE MAXIM: CONTEMPORNEA EXPOSITIO Useful only in case of ambiguity – the usage and practice can be used in interpretation when the language is ambiguous only. If the language is unambigous the usage and practice cannot be used in interpretation. Custom is given more value and priority than the act of the parties , as elucidated in consuetudo (custom is the best interpreter of the law). Useful only for ancient Acts, and cannot be used for modern Acts. Cannot be applied in case of broken usages and practices – If any usages or practices are broken or interrupted, such broken usages or practices cannot be considered as an aid to interpretation. ) Cannot be used to substantiate an implied repeal or quasi repeal of an act.

9. CONCLUSION The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. To assist the task of interpretation and construction court resort to certain internal and external aids. These internal and external aids to interpretation is very essential at times to construe ambiguous terms and provisions. Contemporanea expositio is an important external aid in interpretation of statues. The usages and practices followed after the enactment of statute speaks for itself, but this can be applied only to very old statues and has little importance in modern statutes.

10. THANK YOU