CONTEMPORANEA EXPOSITION

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

Advocate

 

CONTEMPORANEA EXPOSITION-

Tanmoy Mukherjee

Advocate

Interpretation of statutes aims at discovering the true intention of the legislature. One important aid in this process is the maxim Contemporanea Expositio est optima et fortissima in lege, which emphasizes the value of contemporaneous understanding of a statute.

 

Meaning and Origin

The maxim means:

The contemporaneous exposition of a statute is the best and strongest in law.

It originated in English common law and was frequently applied by courts while interpreting old statutes, where language, social conditions, and technical terms have changed over time.

Explanation of the Rule-

According to this doctrine, when the meaning of statutory words is ambiguous, courts may consider:

→The interpretation placed on the statute at or soon after its enactment

→Administrative and executive practice

→Early judicial decisions

→Historical background and legislative debates

→Such interpretation reflects how the statute was understood by those closest in time to its enactment.

 

Rationale-

→The legislature is presumed to know how its enactment was understood.

→Early interpretation reflects original legislative intent.

→It avoids distortion caused by later social or linguistic changes.

 

Scope and Application-

→Applicable mainly to ancient or colonial statutes

→Useful where words are technical, archaic, or ambiguous

→Particularly relevant in constitutional and revenue statutes

 

Limitations

→Cannot override plain and clear statutory language

→Executive interpretation is not binding on courts

→Limited relevance for modern statutes

→Cannot legalise an illegal practice

 

Reference Cases-

 

Baleshwar Bagarti v. Bhagirathi Dass (1908)-

Privy Council held that contemporaneous exposition is a strong guide to interpretation.

Senior Electric Inspector v. Laxminarayan Chopra (1962)-

Administrative practice cannot control clear statutory words.

Desh Bandhu Gupta v. Delhi Stock Exchange (1979)

Such exposition is a valuable but not decisive aid.

J.K. Cotton Spinning & Weaving Mills v. Union of India (1988)-

Long-standing administrative interpretation may be relied upon.

K.P. Varghese v. ITO (1981)

Supreme Court relied on legislative history and contemporaneous understanding.

R.S. Nayak v. A.R. Antulay (1984)

Historical interpretation helped determine procedural intent.

Critical Evaluation-

While useful, this doctrine must be applied cautiously, as blind reliance on executive practice may defeat statutory purpose.

Contemporanea Expositio is an important external aid, particularly for old statutes, but it always remains subordinate to the plain meaning rule.