Law Info Nepal

2.2 Extrinsic Aids

यो उत्तर युनिट १ मा छ — पूरै निःशुल्क।

(a) Historical setting. The statute's birth-time: the conditions that produced it (the 2074 codes' drafting era; the post-constitution statute wave). The setting explains the mischief the words address. (b) Parliamentary history and debates. The bill's passage record — the classic exclusion (the debates' unreliability: the speakers' many voices) against the modern admission (the committee reports' weight — the Pepper v. Hart relaxation's lore, by name). Nepal's practice: the Parliament's committee records and the bill's presentations as the purposive evidence. (c) Official reports, including Law Reform Commission reports. The commission papers behind the Act (the law commission's and the drafting committee's reports) — the mischief's authoritative account (the Black-Clawson case's famous permission — the report's admissibility for the background, not the words' replacement). Nepal's faces: the Law Commission's drafts-and-reports, the thematic committees' papers. (d) Explanatory memoranda issued by government departments. The ministry's notes accompanying the bill — the official understanding's evidence; the weight: persuasive, never binding. (e) Textbooks and dictionaries. The dictionaries of the enactment's date (the contemporaneous meaning — the "dictionary of the year" discipline) and the legal treatises (the professional meaning's evidence) — the foreign authorities' persuasive-only status in the Nepali courts (the common law's and the Sanskrit tradition's own

classics — the Mimansa's rules of U3.1.3 as the indigenous textbook). (f) International conventions. The treaty behind the statute (the implementing Act read in the treaty's light — the Vienna Convention on the Law of Treaties' own interpretive rules; Nepal's Treaty Act 2047's domestication context). The rule: the domestic implementation construed consistently with the treaty (the interpretive-consistency presumption of U6.5). (g) Travaux preparatoires. The treaty- drafting record (the VCLT Article 32's supplementary means — for the treaties' interpretation proper); the caution: the record of many hands, used only to confirm or correct the reasonable readings. (h) Other statutes. The in pari materia rule — the statutes on the same subject read together (the 2074 Codes' family read as one system); the later-and-earlier Acts' interplay (the amendment's light); the definition sections' borrowing (the Interpretation of Statute Act 2010 B.S.'s general definitions applying unless excluded). (i) Uniform court decisions and usage. The settled interpretations (the stare decisis of U5.2.1) and the contemporanea expositio face — the long-standing practice under the statute (the administrative usage and the old construction's weight: the practical construction's evidence, the long-usage's confirmation).

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