# Introduction to the General Clauses Act, 1897
## Background
- Enacted on: 11th March, 1897
- Nickname: Often called the 'Law of all Laws'
- Purpose: Lays down basic rules on how courts should interpret provisions of an Act of Parliament. It also defines certain common words/expressions so that there is no unnecessary repetition of definitions in other Acts.
## Applicability
The Act does not contain a 'territorial extent' clause. It applies to every territory where a Central Act is applicable and would apply in the construction of that Central Act.
## Basic Building Blocks of Legislation
### 1. Preamble
Every Act has a Preamble which expresses the scope, object and purpose of the Act. It is the main source for understanding the intention of the lawmaker behind the Act.
### 2. How an 'Act' is Formed?
- A Bill is a draft of a legislative proposal.
- When the Bill is passed by both Houses of Parliament AND assented by the President, it becomes an Act.
### 3. Definitions
- Every Act usually contains definitions in Section 2 (some Acts use Section 3 or other initial sections).
- If a word is not defined in the relevant Act, its meaning may be taken from the General Clauses Act, 1897.
#### 'Means' vs. 'Includes'
| Word Used | Nature of Definition |
|---|---|
| Means | Exhaustive — the definition exactly and completely defines the term. Nothing outside it can be added. |
| Includes | Inclusive (extensive) — the definition does not restrict the natural meaning; it expands it by adding things to the ordinary meaning. |
### 4. 'Shall' vs. 'May'
| Word | Meaning |
|---|---|
| Shall | Creates a presumption of mandatory/imperative action |
| May | Connotes something that is not mandatory — only directory or enabling |
## Why This Act Matters
Without the General Clauses Act:
- Every Central Act would have to redefine common terms (person, year, document, etc.)
- Courts would lack standard interpretive rules for repeals, savings, and commencement
- Subordinate legislation would have no consistent procedural framework