Author Name:   Shreyaa

A statute is a will of legislature conveyed in the form of text. The conventional way of interpreting or construing a statute is to seek intention of legislature.

HEADINGS AND TITLE OF A CHAPTER - IMPORTANCE IN INTERPRETATION OF STATUTES

INTRODUCTION

A statute is a will of legislature conveyed in the form of text. The conventional way of interpreting or construing a statute is to seek intention of legislature. The intention of legislature assimilates 2 aspects –

1.   The concept of ‘meaning’.

2.   The concept of ‘purpose’, ‘object’, ‘reason’ or ‘spirit’ pervading through the statute.

Necessity of interpretation would arise only where the language of a statutory provision is ambiguous, not clear or where 2 views are possible or where the provision gives a different meaning defeating the object of the statute. For the purpose of interpretation, courts have to take into account various internal and external aids.

Headings and Titles to various Chapters of the Statute thus fall under the intrinsic aids to interpretation of the statutes.

HEADINGS

The headings are like a preamble which helps as a key to the mind of the legislature but do not control the substantive section of the enactment.

Headings are of two kinds – one prefixed to a section and other prefixed to a group or set of sections. Heading is to be regarded as giving the key to the interpretation and the heading may be treated as preambles to the provisions following them.

Conflicting opinions have been expressed on the question as to what weight should be attached to the headings. “A Heading”, according to one view, “is to be regarded as giving the key to the interpretation of the clauses ranged under it, unless the wording is inconsistent with such interpretation and so the headings might be treated “as preambles to the provisions following them.”

Recently the Supreme Court expressed itself as follows:

“It is well settled that the headings prefixed to sections or entries (of a Tariff Schedule) cannot control the plain words of the provisions; they cannot also be referred to for the purpose of construing the provision when the words used in the provision are clear and unambiguous; nor can they be used for cutting down the plain meaning of the words in the provision”.

The Headings in a statute or in Regulations can be taken into consideration in determining the meaning of the provision where that provision is ambiguous, and may sometimes be of service in determining the scope of the provision. But where the enacting words are clear and unambiguous, the title and headings must give way, and full effect must be given to enactment.

It is permissible to assign the heading or title of a section a limited role to play in the construction of statutes. They may be taken as very broad and general indicators of the nature of the subject - matter dealt with thereunder. The heading or title may also be taken as a condensed name assigned to indicate collectively the characteristics of the subject - matter dealt with by the' enactment underneath, though the name would always be brief having its own limitations. In case of conflict between the plain language of the provision and the meaning of the Heading or Title, the Heading or Title would not control the meaning which is clearly and plainly discernible from the language of the provision thereunder, but they may explain the ambiguous words. If there is any doubt in the interpretation of the words of the section, the headings certainly help the court to resolve the doubt.

However, this point cannot be ignored that headings can never be an exhaustive picture of the sections against which they appear. They are not discussed in Parliament; not are they voted upon as is the case with long titles (and preambles). They are often altered by the draftsman in consultation with the Parliament Secretariat when the sections against which they appear undergo a change during their passage in Parliament.

What would happen if the marginal note or a heading is in conflict with the section against which it appears; will it overrule the section or vice-versa?

So far as India is concerned, it was stated by Lord Macnaghten in Thakurain Balraj Kunwar v. Rae Jagar Pal Singh Case  -

“There seems to be no reason for giving the marginal notes in an Indian statute any greater authority than the marginal notes to an English Act of Parliament. It was however, observed that the marginal note, though it cannot control the meaning of the section if it is clear and unambiguous, may be of some assistance to show the drift of a section.”

In the Bengal Immunity Case, Justice Venkatrama Ayyar noted –

“In my opinion, the marginal note to article 286(1) (of the Constitution) cannot be referred for construing the Explanation. It is clearly inadmissible for cutting down the plain meaning of the words of the Constitution.”

He referred in this connection to The Commissioner of Income tax, Bombay v. Ahmedabhai Umarbhai Case

“Where the word "sedition" did not occur in the body of the section but only in the marginal note, the Privy Council observed that there was no justification for restricting the content of the section by the marginal note which was not an operative part of the section but merely provided the name by which the crime defined in the section was to be known. The temptation of using the marginal note for explaining the section should, of course, be repelled by the draftsman. If any explanation is needed, the section should be redrafted.”

In the case of Union of India V. Raman Iron Foundary, it was held that a heading cannot control the interpretation of a clause if its meaning is otherwise plain and unambiguous, but it can certainly be referred to as indicating the general drift of the clause and affording a key to a better understanding of its meaning.

Headings of Parts and Subdivision

In Inglis v. Robertson, it was held that the Headings of Parts and Divisions and Subdivisions into which any act is divided shall be deemed to be a part of the Act.

Headings of Sections and Provisions

While interpreting, assistance may also be obtained by looking at the headings of parts, divisions and sub-divisions of an Act as they are deemed to be part of the Act. However, the heading to a Section of an Act does not form a part of the Act and cannot be used to assist in its interpretation. The Heading to a Section gives indication to its general purpose, even though it is not a part of the Act.

CONCLUSION

Section headings have a vital function to perform in making legislation comprehensible and readily usable. Prefacing the particular section which immediately follows it, the heading strongly affects the reader's comprehension of that provision; collected together in the Analysis, the headings provide an important map to guide users through the statute.

According to Gordon Stewart -

(i)           Section headings are the first point of reference for users of legislation.

(ii)          They should assist the user in finding his or her way through the Act and in understanding the contents of the sections in it.

(iii)        They often fail of those counts, and

(iv)         Improvements to the usability of legislation would flow from section headings being drafted in question-form, and subsection headings being added throughout.

Regardless of whether the reader is an experienced lawyer or a complete newcomer, the individual and collected section headings are probably the most often referred-to parts of an Act. When the headings fail to guide or explain adequately, however, the reliance that accompanies those references is misplaced. The view is now settled that the Headings or titles prefixed to sections can be referred to in construing an Act.

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