Interpretation of Statutes: Short Q and A: Part 2

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 2

 

11) What is the main objective of interpretation of statute?

Ans. The main objective of interpretation is to determine the intention of the legislature which is expressed impliedly or expressly.

12)  What are the basic or fundamental principles of interpretation of statutes?

Ans. Following are the basic or fundamental principles or rules of interpretation of statutes

a) Statute must be read in entire context,

b) Heydon’s Rule or Mischief Rule,

c) Statute should be constructed to make it effective and workable,

d) Rule of Harmonious Construction,

e) Golden rule of interpretation.

13) What is statutory construction or construction of statute?

Ans. Rules of construction or statutory construction is the process of determining how the provisions of the general law relate to a specific legal case, and distinguishes the rules of statutory interpretation from other rules or aids for the interpretation of law in common law jurisdictions.

14) When a judge usually makes a construction?

Ans. A judge usually makes a construction of an unclear term in a document at issue in a case that involves a dispute as to its legal significance.

15) What is repeal of enactment?

Ans. Repeal is the abrogation or destruction of law by legislative enactment. Substitution of one legal provision by another is in fact repeal.

16) Which Section of the General Clauses Act is applicable to repeal or amendment of an enactment?

Ans. Section 6 of the General Clauses Act is applicable to repeal or amendment of an enactment.

17) What are the types of repeal?

Ans. The repeal of an enactment may be partial or total. It is total repeal when a statute is abrogated in its entirety and partial when there is abrogation or modification of a provision of a statute only.

18) When repeal is express?

Ans. Repeal is express when declared in direct terms.

19) When repeal is implied?

Ans. Repeal is implied when the intention to repeal is inferred from subsequent contradictory or inconsistent legislation.

20) What is perpetual statute?

Ans. A statute providing no fixed time for its duration is a perpetual statute. A perpetual statute is not perpetual in the sense that it cannot be repealed or amended by the legislature; it is perpetual in the sense that it is not decimated or abrogated by the expiry of time.

 

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