IOS QUESTIONS

I. Explain the principles as advocated by Sir Jermy Bentham.

II. Explain the different kinds of Pleasures and Pains.
III. What is temporary statute? State the effects of expiry of temporary
statute.
IV. Explain the principles of interpretation of taxing statutes.
V. Discuss the rules of interpretation regarding remedial and penal
statutes and distinguish between remedial and penal statutes.
VI. What is repeal of a statute? Explain the effects of a repeal of perpetual
and temporary statutes and point out the differences between repeal
and expiry.
VII. Explain the Doctrine of Harmonious Construction.
VIII. Explain Mischief Rule of Interpretation.
IX. Explain the circumstances in which the crown is bound by statute as
stated in common law rule and explain the application of rule in India.
X. Explain the Literal Rule of Interpretation.
XI. Explain the Golden Rule of Interpretation.
XII. Explain Ejusdem generis, Noscitur a sociis, Reddendo singula singulis
XIII. Explain Intrinsic or Internal aids to interpretation.
XIV. Explain Extrinsic or External aids to interpretation.
XV. Statute must be read as whole – Explain.
XVI. Short note on Morals.
XVII. Discuss the general principles regarding retrospective operation of the
statutes.
1. Explain the principles of utility as advocated by Sir Jermy Bentham.

Jermy Bentham is the author of the “Principle of Utility”. He did

extensive research to find out the real purpose of legislation. According
to him, the correct approach of legislation must be the exploration and
theoretical foundation of a perfect system of law and government. For
this, there must be a system to measure the perfection or its value.

To achieve the above purpose, Bentham enunciated the Principle of

Utility, otherwise known as the “greatest happiness principle”. The
important points Principle of Utility are as follows:

❖ According to Bentham, nature has placed mankind under the

governance of two sovereign masters, pain and pleasures.
❖ The Principle of Utility recognises this aspect, and hence this
theory of utility assumes both pain and pleasure for the
foundation of legal system.
❖ Bentham’s aim is to produce “felicity and happiness”. The
means to be employed are “reason and law”. The right law will
produce happiness and the right law is one in accordance with
reason.
❖ According to Bentham’s draft codes of law, each particular law is
attached to a “community of reasons on this law”. The
commentary demonstrated its value. Only a law with reason can
be stable.
❖ By “utility” Bentham means “that property in any object, whereby
it tends to produce benefit, advantage, pleasure, good or
happiness or to prevent the happening of the mischief, pain, evil,
or unhappiness, the rightness of actions depends on their utility
and the utility is measured by the consequences which the
actions tend to produce.
❖ The pleasure and pain must be clear, easily understandable
terms. Only then, it will give précis sense to the others.
❖ A good and valid reason behind a law will maximize pleasure and
minimize pain.
 ❖ Bentham’s aim of increasing happiness is a practical one and he
gave many practical proposals.
❖ Bentham relied on the people’s psychology. That is people tend to
act in their own interests, that too in terms of pleasure and pain.
People are understood to be seekers of pleasure and avoiders of
pain.
❖ Given this knowledge of people’s psychology, the legislators can
enact laws for people seeking only their own interests, which in
fact lead to promote the general interest or the greatest happiness
for all.
❖ The Bentham’s theory of punishment is also based on pleasure
and pain. The proper aim of punishment is to produce pleasure
and prevent pain. Now the punishment system is in itself a pain.
So as per Bentham’s theory, all punishments are harmful.
Therefore, his theory can only be justified if this particular pain
is outbalanced by the reduction in pain or increase of pleasure.
❖ If people are deterred by punishment from doing things which
would produce more pain for example – as rape, theft or murder,
then the punishment will be justified otherwise not.
❖ According to Bentham, democracy is the best form of governance.
Dictators, kings, oligarchies can not be trusted. The appropriate
form of government is the greatest happiness of the greatest
number is only safe in the hands of the greatest number of
administrators.
❖ If the people as a whole are granted political power as in
democracy, they will promote what is appropriate for their
interests.

2. Explain the different kinds of pleasures and pains.

The inventory of man’s sensations is done with great labour of analysis

by Bentham, who puts them in two:
 A. Simple pleasures
B. Simple pains
Pains and Pleasures are collectively called “Interesting Perceptions”

A. Simpler pleasures : Following are the simple pleasures:

• Pleasure of Sense: The pleasure of taste, of smell, of sight, of

hearing and of touch. In addition, the blessing of health, and the
pleasure of novelty may be included.
• Pleasure of Riches: This is a kind of pleasure derived from
possessing certain things. It will be so lively at the moment of
acquisition.
• Pleasure of Address: On attaining perfection in something, say
in composing music, one gets pleasure.
• Pleasure of Friendship: Developing good-will and of expecting
services from them.
• Pleasure of Good Reputation: This is getting esteem and good-
will of the people.
• Pleasure of Power: Power which a man has, which makes others
follow through hopes or fears.
• Pleasure of Piety: Favours of god either here or there.
• Pleasure of Benevolence: This is what we sense, when we
contemplate the happiness of those who love us. This is the
pleasure of social affection.
• Pleasure of Malevolence: This is the pleasure experienced by
those who do not love us.
• Pleasure of Knowledge: This is a mental faculty to discover or
invent something.
• Pleasure of Memory: To remember in a proper order what has
happened.
• Pleasure of Imagination: Arranging in a proper order the
desires.
• Pleasure of Hope: Desiring for the good in future.
 • Pleasure of Association: When an object is connected with some
other object, there may come a charm.
• Pleasure of Relief and Deliverance: It is a form of closure where
an expected unpleasant event does not happen. In such cases,
the lack of unpleasantness is experienced as pleasantness in
itself.

B. Simple pains: Following are the simple pains:

• Pains of Privation: This is covered under three heads:

▪ Pain of desire (hope of obtaining something)
▪ Pain of disappointment (hope suddenly fails)
▪ Regret (losing something good)
• Pains of Sense: These are nine: hunger and thrust, taste,
smell, touch, hearing, sight, excess of cold or heat, diseases,
fatigue of mind or body.
• Pains of Mal-address: What one gets in fruitless efforts.
• Pains of Enmity: Hatred experience in respect of others.
• Pains of Bad Reputation: What a man feels when exposed to
a situation considered bad.
• Pains of Piety: Fear of offending god.
• Pains of Benevolence: When others are suffering, we
experience some pain.
• Pains of Malevolence: When a person whom we hate gets
happiness or becomes prosperous, we get this pain.

Conclusion: This classification of simple pleasures and simple pains

classified by Bentham after much labour and its utility is great. The
entire system of Morals and Legislation can be easily explained away.
Similarly, offences or criminality or evil of certain action/ punishments
may be explained. According to Bentham, this theory of pains and
pleasures is the sole foundation of all knowledge on the subject of
legislation.
3. What is Temporary Statute? Explain the effects of expiry of Temporary
Statute.
According to duration, a statute may be classified into two:
➢ Temporary Statute: The statute for which life period is fixed is
called temporary statute, unless repealed earlier.
➢ Perpetual Statute: The statute for which time duration is not
fixed but if needed, the statute may be changed at anytime by
amendment or replacement by another act, is called permanent
statute.
Meaning of Expiry of Temporary Statute:
The word “word” means end. A temporary statute is said to have expired
when it contemplates its specific period of life. After expiry, the law no
more survives. It loses its effect and operation. It does not have any
force from the date of expiry. The term “expiry” is referable to temporary
statutes only. The perpetual statute never expired as they are eternal.
They survive indefinitely till they are abolished by the legislature.

The expiry of temporary statute takes place automatically. No legal

procedure is requires to be observed. The date is known since the date
of its enactment. The intendment to this effect is expressly provided in
the statute itself. It is clearly laid down that the law will last for such
period from the date of its commencement.

Expiry of Temporary Statute:

When a temporary Act expires, Sec.6 of General Clauses Act, 1897,
which in terms is limited to repeals, has no application. The effect of
expiry therefore depends upon the construction of the Act itself.

Following are the effects of temporary statute:

a. Legal Proceedings after expiry of Act: Very often it happens that
a legislature may enact in a temporary statute a saving clause. But
where there is no provision the normal rule is that the proceedings
taken against a person under a temporary statute terminate, ipso
facto, as soon as the statute expires.

b. Notifications, appointments, rules, orders, etc: On expiration or

repeal of a temporary statute normally schemes, bye-laws,
notifications, appointments, rules, orders, etc made or issued come
to an end.
 c. Statute not dead for all purpose: Expiry of temporary statute does
not make it dead for all purpose.

d. Vested Rights: Offences which are punishable under the ordinary

laws but tried by special courts being connected with the offences
under the expired Act, could still be tried by ordinary courts without
the necessity of a de novo trial.

e. Repeal by temporary statute: The Privy Council held in

Gooderham and Works vs. Canadian Broadcasting Corporation
that the repeal effected by the temporary legislation was only a
temporary repeal.

f. Statute becomes inoperative: After expiry, the law comes to an end

and no more remains in force. It becomes inoperative and loses its
effect.

g. Detention: Where a person is detained under the provisions of a

temporary statute relating to preventive detention, the detention will
automatically come to an end on the expiry of the statute.

4. Explain the principles of interpretation of taxing statute.

A tax is a compulsory contribution to the support of the government,
levied on persons, income, commodities, transactions, etc.
Every taxing statute has a charging section and provisions laying down
the procedure for assessment of the tax and penalties and for collection
and recovery of tax, it may also contain provision for preventing the
evasion of tax.

Prospective Operation: Taxing statute should normally be read as

prospective.

a. Construction of taxing statute:

Strict Construction: A taxing statute is to be strictly constructed.
In Vikrant Tyres Ltd. Vs. ITO, the SC held that statute must be
interpreted in the light of what is clearly stated, noting can be implied
what is not stated, and nothing can be imported to supply any assumed
deficiency.

b. Liberal and Literal Construction:

While literal construction is the general rule, it does not mean that even
if it leads to a discriminatory or incongruous result, it should be
adopted.
Liberal construction cannot be applied to an expression expressly
defined in the statute.

c. Substance of the matter:

In fiscal legislation, a transaction cannot be taxed on any doctrine of
Substance of the matter. Taxing authorities cannot ignore the legal
character of the transaction and tax it on the basis of this doctrine.

d. Hardship, equity and ambiguity:

If a person sought to be taxed comes within the letter of the law, he
must be taxed, howsoever great the hardship may appear to the judicial
mind to be. Equitable considerations are nit relevant in construing a
taxing statute.

e. Absurdity to be avoided:
When intention to tax is clear it cannot be defeated by a mere defect in
phraseology. In S. R. Batra vs Tarun Batra it was held that, an
interpretation which leads to absurdity and chaos in society should be
avoided.

f. Meaning of words: Commercial, dictionary, trade etc:

In a taxing statute the meaning of trade is always to be given preference.

Interpretation of various taxing provisions:

a. Machinery Provisions:
It should be strictly construed applying normal rule of interpretation.

b. Charging Section:
It was held in CWT vs Karan Singh that charging section has to be
strictly construed with the help of other relevant provisions for finding
out the true nature and character of the taxing statute.

c. Procedural Provisions:
It was held in Fertilizer Corporation of India Ltd. Vs. State of Bihar,
so long as the substantive provision is satisfied the procedural one can
be liberally construed.

d. Incentives:
A provision granting incentives for promoting economic growth and
development should be literally construed.

e. Exemption Provision:
Though the exemption provisions are to be strictly construed benefit of
doubt if any must be given to the assessee.

f. Exception Clause:
Exception provision must be strictly construed.

g. Penalty Provision:
Penalty provision in taxing statute does not attract the rule of
presumption of mens rea.

h. Provisions on Limitation:
Provisions regulating limitation period should be given strict
construction.
 Double Taxation:
In Jain Brothers vs. UOI, the SC held an express provision cannot be
held invalid on the ground that it resulted in double taxation.

Validation Act:
If a tax is declared by a court to have been illegally levied under invalid
provisions of an act, a validating act can remove the defects in the
principal act, so as to validate the tax.

Evasion of tax:
Tax evaders often do things which are prohibited by the statute under
the dour or cloak of a transaction which is not prohibited by the statute.
In such circumstances, the court can go behind the form of the sham
transaction and enforce the prohibition.

5. Discuss the rules of interpretation of remedial (welfare or socio-

economic statutes) and penal statutes and distinguish between
remedial and penal statutes.
Remedial Statutes:
In order to make improvements in the enforcement of the rights or
remove defects or mistakes in the former law, remedial statute is
passed. Ex: The Workmen’s Compensation Act, 1923 and The Maternity
Benefits Act, 1961 are enacted in order to confer new remedies and
favours.

Liberal Construction of Remedial Statutes:

International Ore and Fertilizers (India) Pvt. Ltd vs ESI Corporation

it was held that, in construing a remedial statute, it should be given the
widest operation its language would permit. The court should construe
the phraseology of the statute so as to give the most complete remedy
indented by the statute and so that the purpose of the legislation may
be allowed to be achieved rather than frustrated.

When two interpretations are possible:

In Gulfan vs. Sanat Kumar Ganguli, it was held that if a section or

provision in a remedial statute is capable of two interpretations, then
one which furthers the policy and object of the act and which is more
beneficial to the employees should be given effect to. In case of doubt,
the court may construe a provision narrowly so as not to unduly expand
the scope of the area of exception.
However, if the provisions are capable of only one meaning, plain
meaning thereof should be given effect to.

Welfare Legislations:
In case of social benefit oriented legislation i.e.., Social Welfare
Legislation, for example The Consumer Protection Act, 1986, its
provisions should be construed as broadly as possible in consumers
favour to obtain the purpose of the enactment. However it has to be
remembered that in doing so, no violence to the language is permitted
(Stare of Karnataka vs. Vishwabharathi House Building Corporation).

Penal Statutes:
Penal Statutes are statutes which provide punishments/ penalties for
the offences committed by the persons. Sec.2 of the Indian Penal Code
declares that every person shall be liable to punishment under the code
for every act or omission of which he shall be guilty within India. A
person who is in India, instigating the commission of an offence outside
India, is also liable to punishment under Indian Penal Code.
According Sir William Blackstone, “Crime is a violation of the public
rights and duties due to whole community, considered as a
community”.
Interpretation/ Construction of Penal Statutes:

The rules of interpretation of penal statutes are very impor5tant, as

wrong interpretation leads to miscarriage of justice resulting in wrong
conviction/acquittal.
a. Clear language is needed to create a crime.
b. A statute creating an offence or imposing a penalty is strictly
interpreted i.e.., a penal statute has to be strictly interpreted.
c. Statutes imposing punishments and/or penalties must be
interpreted narrowly in favour of the accused. In other words, the
offence must come within the plain meaning of the words used.
d. In a criminal statute it must be made clear that the offence charged
is within the letter of law.
e. A penal statute is not a mere rule of morality or ethics and hence
must be construed strictly in favour of the accused.
f. It is the Legislature and not the Court which is to define
crime/offence and its punishments.
g. Though penal laws are to be construed strictly, they must not be
construed so strictly as to defeat the intention of the framers if the
enactment.
h. Courts cannot add or delete sections on their own in penal statutes
and it is the duty of the legislatures and not the duty of the courts.
i. All penal enactments should be interpreted without bias. If there is
any reasonable doubt, the benefit of doubt must be given to the
charged/affected person.
j. Justice Maxwell advocates the strict construction of penal statutes
in the following words –
✓ There should be express language for the creation of an
offence.
✓ There must be strict interpretation of the words constituting
an offence.
✓ All the statutory conditions must be fulfilled prior to the
imposition of punishment.
 ✓ The technical provisions concerning criminal procedure and
jurisdiction must be strictly observed.
State of Bombay vs. Vishnu Ramchandra
The SC held that “penal statutes creating new offences are always
prospective only for future application.”

State of Kerala vs. Mathai Verghese

The SC held that the expression “any currency note or bank note” used
in Sec.489A of IPC was construed to include currency notes of all
countries and not only Indian Currency notes.

Mens Rea in Statutory Offences:

Act and intention together make a crime. This has been expressed in
the well known Latin maxim, “actus non facit reum nisi mens sit rea”.
Mens Rea is a state of mind in a human being. Crimes involving mens
rea are of two types:
1. Crimes of basic intent : In crimes of basic intent, mens rea does
not go beyond the actus reus.
2. Crimes of specific intent: In crimes of specific intent, mens rea goes
beyond the contemplation of the prohibited act and foresight of its
consequences and has a purposive element.

Mens rea refers to the criminality of the act. It may mean different
things in relation to different types of crimes. In general actus reus and
mens rea mean the conduct of the accused and his state of mind at the
time of committing the crime. The Parliament applies this principle to a
statutory offence.

Murarilal Jhunjhunwala vs. State of Bihar:

In this case the licensing authority accepted renewal fee for licence for
successive four years without passing any order, granting or refusing
the renewal of the licence. Prosecution was therefore quashed.
STO vs. Ajit Mills Ltd:
In this case it was held that, “no mens rea no crime” has no application
in economic crimes.

Difference between Remedial Statues and Penal Statutes :

Following are the important differences between remedial and penal
statutes –
Remedial Statutes Penal Statutes

Deals with wrongs against an Deals with the wrongs against the
individual. State.

They deal with those matters They deal with those matters
which affect the individual only. which affect the whole community

It provides a remedy for It provides punishment for public

infringement of private civil rights wrong.
of an individual.
It deals with such wrongful acts It deals with such wrongful acts,
for which the remedy is civil the commission of which attracts
action. punitive action.

The remedy for wrongful acts in Penalty such as imprisionment,

the form of damages or fine, forfeiture etc.., is imposed on
compensation to the aggrieved the offender.
party but the wrongdoer is not
held liable for any penalty.
Duty is fixed by party. Duty is fixed by state.

Injured party takes action. State takes action and state is a

prosecuting agency.

Proof of negligence is sufficient. Negligence along with criminal

intention must be proved to
constitute an offence or crime.
 It receives liberal or beneficent It is strictly construed.
construction.
It is also known as welfare, It is also called as penal statutes.
beneficent or social justice
oriented legislation.

6. What is repeal of a statute? Explain the effects of a repeal of perpetual

and temporary statute.
OR
Explain the consequences of repeal of a statute.

The primary meaning of repeal in its legal sense is to recall or revoke, to

cancel, or to abolish a statute.
According to Tomlin’s Dictionary, repeal is a revocation as the repealing of
statute is the revoking or disannulling it. It is abrogation of any law.

Perpetual and Temporary Statute:

The statute for which the time duration is not fixed, but if needed the statute
may be changed at anytime by amendment or replacement by another Act is
called a perpetual statute.
A temporary statute is a statute for which the life period is fixed; such statutes
are called temporary statutes.

Effects of consequences of Repeal:

It can be classified under the following three heads-
I. Under Common Law Rule
II. General Effects of Repeal
III. Effects of Repeal under General Clauses Act, 1897

I.Under Common Law Rule:

Consequential results of repeal under common law rule are as follows:

A.Obliteration:
Except as to transactions past and closed, a statute after its repeal is as
completely obliterated as if it had never been enacted.

B.Depriving the rights:

The effect is to destroy all inchoate rights and all causes of action that may
have arisen under the repealed statute.

C.Revival:
Another result of repeal under Common Law Rule is to revive the law in force
at the commencement of the repealed statute. Thus if one statute is repealed
by a second which in turn by a third, the effect is to revive the first statute
unless a contrary intention is indicated in the third statute.

II. General Effects of Repeal:

The following are some general effects or consequences of repeal of an

enactment:
-Later act abrogates the prior one.
-Repealed act ceases to exist and does not remain un force with effect from
the date of repeal.
-Except in relation to the past and closed transactions, a statute after repeal
is compulsory obliterated as if it had never been enacted. As such, all rights
and cause of action under repealed statute are destroyed.
-When an Act is repealed, all laws passed under it stand repealed unless there
is a saving clause.
-No proceedings can be commenced or continued under an Act after its repeal.
-After repeal of a statute, the law which was in force at the commencement of
the repealed statute revives.
III.Effects of Repeal under the GCA, 1897:

Sec.6 of the GCA, 1897 provides that :

Where this Act or any Central Act or Regulation made after the
commencement of this Act, repeals any enactment hitherto made or hereafter
to be made, then unless a different intention appears, the repeal shall not –
a. revive anything not in force or existing at the time at which the repeal takes
effect.
b. affect the previous operation of any enactment so repealed or anything duly
done or suffered there under.
c. affect any right, privilege, obligation or liability acquired, accrued or
incurrent under any enactment so repealed.
d. affect any penalty, forfeiture or punishment incurred in respect of any
offence committed against any enactment so repealed.
e. effect any investigation, legal proceedings or remedy in respect of any such
right, privilege, obligation, liability, penalty, forfeiture or punishment as
aforesaid.
And any such investigation, legal proceedings or remedy may be instituted,
continued or enforced and any such penalty, forfeiture or punishment may
be imposed as if the repealing Act or Regulation had not be passed.
7. Explain the Doctrine of Harmonious Construction
When two or more provisions of the same statute are contradictory or
repugnant, then the court will try to interpret the provisions to give effect
to both the provisions by harmonising them with each other. This is called
the Doctrine of Harmonious Construction.

Purpose of the Doctrine:

The purpose of this doctrine is to prevent or avoid inconsistency or
repugnancy between two sections or within a section or between different
provisions of a statute or between the two statutes.
Ex: IPC and Cr.P.C, IT Act and IT Rules.

Basis of the Doctrine:

It is based on the basic or general rule of interpretation i.e.., no word to be
construed in isolation and the statute must be read as a whole. The
provisions of one section cannot be used to defeat those of another. This
rule is against “head on clash” between provisions or two sections. This
principle has been applied in a large number of cases dealing with
interpretation of the Constitution.

Shankari Prasad vs. UOI

Facts: There was controversy between Art. 13(2) which created a limitation
on the power of the parliament to amend the fundamental rights under
Art. 368.
Held: The SC harmonized both the provisions and held that the
Constitution, including fundamental rights, can be amended by
Parliament under Art. 368 because the power to amend is a sovereign
power and at the same time, the Parliament cannot take away or abridge
the fundamental rights by exercising its legislative authority.

Kameshwar Singh vs. State of Bihar

The Zanmindari Abolition Act was held void on the ground that it violated
Fundamental Rights.
Champakam Dorairajan vs. State of Madras
Facts: Champakam Dorairajan applied for admission in the Medical
College of Madras. The Madras Government ordered that separate seats
would be reserved for persons who are economically and socially
backward. Art. 46 declares the promnotion of social justice.
Held: The SC held that the division of Medical College seats on the basis
of religion, race and caste is ultra vires of Art.15(1) and hence void.
Thus the SC clearly declared that Fundamental Rights could not be
suppressed by DPSP. The DPSP must run subsidiary to Fundamental
Rights.
 8. Explain Mischief rule of interpretation
OR
Explain the rule laid down in Heydon’s Case

The mischief rule of interpretation originated in Heydon’s Case in 1584. This

classic rule has been laid down in the following case namely Heydon’s Case.

A public educational institution owned certain immovable properties in its

name. The management of the institution transferred under lease some
portion of the immovable properties to a particular individual and then to his
sons for their lives and after their death, to a third person and fourth person.

The above transfer of lands came under “Doubling of Estates”. The English
Parliament thought that Doubling of Estates must not be allowed to public
educational or religious institutions. So it enacted an Act called “The Statute
31 Henry VIII” to prevent such transaction. Based on the above Act, the
British Government unilaterally cancelled the leases.

Heydon who was the fourth party in the above transaction challenged the
above enactment of parliament as unconstitutional.

The HOL held that the above enactment namely The Statute 31 Henry VIII
was valid, as the object of the Parliament was to protect the properties of
educational, ecclesiastical and religious institutions. It also held that transfer
by leases creating Doubling of Estates is the mischief and against the true
meaning and object of the Act.

Justice Coke while deciding the case observed:-

If there are two or more interpretations possible for the material words of a
statute, then for the sure and true interpretation, there are certain
considerations which are in the form of questions:

• What was the common law before making of the Act?

• What was the mischief and defect for which the common law did not
provide any remedy?
• What is the remedy resolved by the Parliament to cure the disease of
the Government?
• The true reason of the remedy.

The Judge should always try to suppress the mischief and advance the
remedy.
Smith vs. Hughes

This is a famous English Case under the topic Mischief Rule.

The fact of the case is that certain prostitutes attracted prospective customers
from the balconies and windows of their houses. The question to be decided
was whether soliciting “ in a street” and hence a street offence as provided
under Sec.1(1) of the Street Offences Act, 1959.

Applying the mischief rule, it was held that they were in fact, soliciting “ in a
street” and thus the place from where they were doing so was of no
consequence. The Act was intended to clean up the streets to enable people
to walk along the streets without being molested or solicited by prostitutes.

9. Explain the circumstances in which the crown is bound by statute as

stated in common law rule and explain the application of rule in India.
 The general English rule and presumption is that all statutes are meant
for subjects only and the Crown/ Ruler is not bound by them. This
means that statutes neither control the Crown nor the rights or
property of the Crown, unless expressly or by necessity, or by
implication named so in the statute.

The general expression “any person” in any statute is meant to include

the subject only and not meant to include the Crown himself who made
the rules. If a statute affects the Crown’s rights, interests and/or
properties, then the Act must specifically mention so or otherwise the
Act is not applicable to the Crown. This presumption extends not only
to the Crown but also to the Crown’s servants and agents.

Illustrations that statutes are binding on the Crown:

1. Certain statutes bind the Crown. For example :
• The statutes for the advancement of religion or learning
• The statutes for the maintenance of the poor.
• Statutes for the suppression of wrong
• Statutes to perform the will of the testator or donor.
2. If an Act of Parliament is made for the public good then Crown is
also bound by such Act, though not specifically named therein.
3. The Crown is not excluded from the operation of a statute, if in the
statute his prerogatives, rights, or properties are not involved.
4. The Crown is regarded as included in a statute when the intention
to include him is clear.
5. The Crown is clearly bound by a provision in which it is expressly
stated that he is bound by it.

Application of above rule in Indian Cases:

V.S.Rice and Oil Mills vs. State of A.P

The SC till 1964 held that the English presumption i.e.., the State is not
bound by a statute unless expressly named therein or inclined by necessary
implication, is applicable to Indian rulers also.