Vande Matram! Interpretation of Statute is very important skill which every law professional must possess. Hence it is incorporated in the degree course of law. This article is the collection of the short questions and answers on the interpretation of statutes.
Interpretation of Statutes: Short Q
and A: Part 1
1) What is meaning of interpretation
of statutes?
Ans. Interpretation of statutes
means process of finding out the true sense of an enactment by giving the words
of the enactment their natural and ordinary meaning.
2) What is the object of
interpretation of statutes?
Ans. The object of interpretation of
statutes is to determine the intention of the legislature conveyed expressly or
impliedly in the language used.
3) What are the types of aids of interpretation
of statutes?
Ans. There are two types of aids of
interpretation of statutes: a) Statutory Aids and b) Non-statutory aids.
4) How are the statutory aids
illustrated?
Ans. The statutory aids are
illustrated in the General Clause Act, 1897 and by specific definitions in the
various Acts enacted.
5) How are the non-statutory aids
illustrated?
Ans. Non-statutory aids are
illustrated by common law rules of interpretation and also by case laws
relating to the interpretation.
6) What is Statute?
Ans. A statute is a formal written
enactment of Legislative authority that governs a state, city, or country. The
statute is a decree of the legislature that must be understood as it reflects
the intention of a legislature.
7) When would need for interpretation
of statutes arise?
Ans. Necessity of interpretation
would arise only where
a) the language of a statutory
provision is ambiguous, not clear or
b) where two views are possible or
c) where the provision gives a
different meaning defeating the object of the statute.
8) When it is not necessary to
interpret a statute?
Ans. If the language is clear and
unambiguous, no need of interpretation would arise.
9) Why it is necessary to interpret
the statute?
Ans. Legislative language may be complicated for a layman hence it is necessary to interpret the statute so that everyone can understand it.
10) What
are the aspects of the intention of legislature or Legislative intent?
Ans. The intention of legislature or Legislative intent assimilates two aspects, firstly, the concept of ‘meaning’, i.e., what the word means; and secondly, the concept of ‘purpose’ and ‘object’ or the ‘reason’ or ‘spirit’ pervading through the statute.
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