Contemporanea expositioAdministrative practiceSupreme Court of India

Harihar Prasad v State of Bihar

AIR 1972 Supreme Court 155519721 min read
The case in brief30-second read
Facts
Dispute over mining lease renewal under Bihar mining regulations. Administrative authorities had consistently followed a particular interpretation for decades. Petitioner challenged that interpretation.
Issue
Whether long-standing administrative practice can be used as an aid to interpret ambiguous statutory provisions.
Held
Contemporanea expositio is a legitimate external aid.
Principle
The principle of contemporanea expositio (interpretation by usage or practice contemporaneous with the enactment) is a valid aid to statutory interpretation.

Facts

  • Dispute over mining lease renewal under Bihar mining regulations
  • Administrative authorities had consistently followed a particular interpretation for decades
  • Petitioner challenged that interpretation

Issue

  1. Whether long-standing administrative practice can be used as an aid to interpret ambiguous statutory provisions.

Held

  • Contemporanea expositio is a legitimate external aid
  • Where administrative practice is long, uniform, and consistent, it carries persuasive weight
  • Particularly relevant when private rights have crystallised based on that practice
  • Appeal dismissed

Ratio decidendi

A contemporaneous and consistent interpretation placed on a statute by the executive, acquiesced in by the legislature for a long period, is entitled to great weight as an aid to construction of ambiguous provisions.

Exam use

How to use it in an answer

  • Authority for contemporanea expositio as external aid
  • Useful for IoS Part B on external aids
  • Key line: "In Harihar Prasad v. State of Bihar (1972), the Supreme Court held that long-standing administrative practice is a valid aid to statutory interpretation under the principle of contemporanea expositio."

Cite this

Citation

Harihar Prasad v. State of Bihar AIR 1972 Supreme Court 1555

Reported: AIR 1972 SC 1555. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.