Latest News
Back
Document:
SC: Doctrine of Contemporanea Expositio will not apply when the Authority's construction is erroneous
Doctrine of Contemporanea Expositio is a rule of interpretation in which words used in a statue should be understood in the same sense as it would have when it was made. Baleshwar Bagarti[1], it was stated that “It is a well-settled principle of interpretation that Courts in construing a statute will give much weight to the interpretation put upon it, at the time of its enactment and since, by those whose duty it has been to construe, execute and apply it”, this statement of the rule received approval by the Supreme Court in Deshbandhu, [1979] 3 SCR 373.
While hearing an appeal filed by Ultra Tech Cement ltd after it’s writ petition was dismissed by the High Court of Rajasthan. The Supreme Court has observed that Doctrine of Contemporanea Exposito cannot be applied in cases where the construction of the statue by the contemporary authority is clearly erroneous.
In the case, at State Level Screening Committee the authority determined that a 75% subsidy to be allowed under the Scheme. However in the revision by the Additional Chief Secretary, Finance, Government of Rajasthan which was upheld by the Rajasthan High Court under Clause 13 of the Rajasthan Investment Promotion Scheme 2003.
In an appeal filed before the Supreme Court, the said Doctrine was invoked contending that the State Level Screening Committee was in the best authority to decide the extent of subsidy in the true interpretation of BIDI with the correct application of facts of the case. It was observed in Paragragh 25.3 that the doctrine is a guide to interpretation but it is not right to to consider every understanding of the administrative or executive to be fait accompli even when it is erroneous as it would be contrary to true principle.
The bench comprising of Justices D Maheshwari AM Khanwilkar further observed while rejecting the appeal that "If at all this doctrine is applied, the consequence would be that howsoever erroneous a decision by the executive or administrative authority may be, once it emanates from the understanding of some of the officers or authorities, the same would acquire immunity from scrutiny for all time to come."
Document:
