expressly laid down mode of doing something necessarily prohibits the doing
of that thing in any other manner. The broad general principle is thus
summarised in CRAWFORD's "Statutory Constructions" (1940) at p. 334.
"Express Mention and Implied Exclusion (Expressio Unius Est Exclusio
Alterius) – As a general rule in the interpretation of statutes the mention of
one thing implies the exclusion of another thing. I therefore logically follows
that if a statute enumerates the things upon which it is to operate everything
else must necessarily and by implication be excluded from its operation and
effect. For instance, if the statute in question enumerates the matters over
which a court has jurisdiction no other matters may be included. Similarly,
where a statute forbids the performance of certain things only those things
expressly mentioned are forbidden. So also if the statute directs that certain
acts shall be done in a specified manner or by certain person there
perforcance in any other manner than that specified or by any other person
than one of those named is impliedly prohibited."
589. It is interesting to note that in the Australian Constitution, where
there is Art. 49 using language very similar to that of Art. 105 (3) of our
Constitution there is also a separate but differently cast Article 47 of the
Australian Constitution corresponding to Art. 329 (b) of our Constitution.
This article runs as follows:
"Art. 47. Until the Parliament otherwise provides any question respecting
the qualification of a senator or of a member of the House of Representatives
or respecting a vacancy in either House of the Parliament and any question of
a disputed election to either House shall be determined by the House in
which the question arises."
590. What is separately expressly and especially provided for by Art. 329
(b) must necessarily fall outside the purview of Art. 105 (3) on the principle
stated above. Moreover. Art 105 (3) contained a temporary provision until
other provision was made by Parliament in that behalf. Appropriate
provisions were enacted by the Act of 1951 in compliance with Art 329 (b)
because that was the proper Article for it. It would be idle to contend that
these provisions suddenly lapsed or ceased to exist as soon as Parliament
took up consideration of the issue and the grounds of the decision on them by
the High Court to which reference is made in Art. 329A (4). Again a
purported exercise of power in enacting Article 329A(4) could only be a law
making power and not any other power which could conceivably fall under
Art. 105 sub-art. (3). Nevertheless it was suggested by copious references to
the origin of the power of the House of Commons to decide disputes relating
to elections that such a power exists in each House of our Parliament as its
inherent power. Such an argument completely over looks that, quite apart
from the great difference made by providing both the forum and the
procedure for deciding election disputes indicated by Art 329 (b) of our
Constitution, Article 105 (3) itself could only refer to such powers as were still
exercisable by the House of Commons at the time when our Constitution was
passed long before that the House of Commons in England had ceased to
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