80
Questions
construction
relating
have
been
to
extrinsic
increasingly
aids
to
engaging
the
attention of courts in India and England. Therefore,
we
must
consider
the
recent
trends
in
statutory
interpretation before considering their impact on the
interpretation of the constitution. The importance
attached to ‘context’ in statutory interpretation,
has gone hand in hand with an analysis of the phrase
‘intention of Parliament’ and of the factors that go
to make up the whole legislative process resulting in
an Act of Parliament. Once it is realized that the
‘intention of Parliament’ ‘is not a description but a
linguistic convenience’ the whole legislative process
assumes importance for statutory interpretation. This
new approach emphasizes, first the realities of the
legislative process; secondly, the close relationship
between the draftsman of an Act and the court of
construction; and thirdly, the practical grounds on
which
English
preperatories’
construction.
courts
limit
(preparatory
the
work)
use
as
of
an
‘travaux
aid
to