Question

Which of the following statements are correct?
When the language of a statute is ambiguous, the factors that may be taken into consideration to ascertain its intention are: -
(i) The preamble to the statute.
(ii) The statement of objects of and reasons for bringing it on the statute book.
(iii) Public opinion.
(iv) The purpose underlying the legislation.

• A. Only (i), (ii), and (iii)
• B. Only (i), (ii), and (iv)
• C. Only (i), (iii), and (iv)
• D. Only (ii), (iii), and (iv)

Hint:

Internal aids (like preambles and definitions) are found within the Act itself.
External aids (like parliamentary debates and statements of objects) are sourced outside the Act.
Both are used to resolve ambiguity, but public opinion is never a valid aid.

Answer 1

The Correct Option is B

Step 1: Understanding the Question:
The question asks about the permissible internal and external aids used in the interpretation of statutes when the literal language of the legislative text is ambiguous.

Step 2: Key Principles and Statutory Provisions:
This falls under the "Interpretation of Statutes" branch of law.
When textual language is unclear, courts rely on statutory aids to find the true intent of the legislature (the "mens legislatora").

Step 3: Detailed Explanation and Analysis:

• The Preamble (i): This is an internal aid to construction.
It sets out the main objectives and scope of the Act and can be used to resolve ambiguities in the main body of the text.
Therefore, statement (i) is correct.

• Statement of Objects and Reasons (ii): This is an external aid.
It explains why the legislation was introduced and helps understand the historical context and the "mischief" the Act sought to remedy.
Therefore, statement (ii) is correct.

• Public Opinion (iii): This is highly subjective, volatile, and lacks legal authority.
Courts cannot interpret statutes based on public opinion.
Therefore, statement (iii) is incorrect.

• The purpose underlying the legislation (iv): This is the basis of "purposive interpretation".
Courts always seek to interpret ambiguous words in a way that advances the legislative purpose rather than defeating it.
Therefore, statement (iv) is correct.

Step 4: Final Answer:
Statements (i), (ii), and (iv) are correct, making Option B the correct choice.