Tuesday 3 May 2022

Meaning of Interpretation of Statute

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.

Thanks for reading till the end. Please share this blog.

#InterpretationOfStatutes #StudyHelp #Notes #LawNotes #GeneralClausesAct #Bharat #India

List of Reference

Read More.

==================

No comments:

Post a Comment