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. In this article you can get knowledge of meaning of interpretation of statute.
Meaning
of Interpretation of Statute:
To ensure
that justice is made available to all, the judicial system has been evolved in
all nations. It is extremely important and in-fact necessary also that the
Courts interpret the law in such a manner that ensures ‘access to justice’ to
the maximum.
As per
Salmond, “the essence of law lies in the spirit, not its letter, for the letter
is significant only as being the external manifestation of the intention that
underlies it”
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. The Court is not
expected to interpret arbitrarily. Hence the Court is to follow certain
principles called ‘rules of interpretation’ to interpret the statutory
provisions. These principles are evolved out of the continuous exercise by the
Courts.
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. It is the
process of ascertaining the true meaning of the words used in a statute. As per
Salmond, "by interpretation or construction is meant, the process by which
the courts seek to ascertain the meaning of the legislature through the medium
of authoritative forms in which it is expressed." Interpretation of
statute is an ongoing process. Now, the term ‘interpretation’ has come from the
Latin term interpretari which means to expound, explain, understand or
translate. So, in layman language interpretation can be defined as a process
that involves explaining, expounding, and translating any text or anything
which is written to make it comprehensible or of understanding the true meaning
of the words which have been used in the statute.
The object
of interpretation of statutes is to determine the intention of the legislature
conveyed expressly or impliedly in the language used. Interpretation is as old
as language. Elaborate rules of interpretation were evolved even at a very early
stage of the Hindu civilization and culture. The importance of avoiding literal
interpretation was also stressed in various ancient text books – “Merely
following the texts of the law, decisions are not to be rendered, for, if such
decisions are wanting in equity, a gross failure of Dharma is caused.”
Thus it can
be concluded that the interpretation of statute is the process of ascertaining
the true meaning of the legislature through the medium of authoritative forms
and it is a continuous process.
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