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. Lets understand the objective of interpretation of Statute.
Objective
of Interpretation of Statutes:
Statute:
As stated in previous blog on Meaning of interpretation of Statutes, 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. Interpretation of something means ascertaining the meaning or significance of that thing or ascertaining an explanation of something that is not immediately obvious.
History
of interpretation of statutes:
In certain cases, more than one meaning may be derived from the same word or sentence. It is therefore necessary to interpret the statute to find out the real intention of the statute. Interpretation is as old as the language is. Hindu civilisation had given elaborate rules for interpretation of the statute or Dharma. The best example of these rules written by Hindu Rishi Jaimini is Mimamsat Sutra which was originally meant for interpretation of Sruties. In case of English laws the interpretation of Statute became necessary since Heydon's Case in 1854.
Objective
of interpretation:
In words of
Blackstone, “the objective of interpretation is the fairest and rational method
for interpreting is a statute is by exploring the intention of the legislature
through the most natural and probable signs which are “either the words, the
context, the subject matter, the effects, and consequences or the spirit and
reason of law”.
If the
language is clear and unambiguous, no need of interpretation would arise. Necessity
of interpretation would arise only where the language of a statutory provision
is ambiguous, not clear or where two views are possible or where the provision
gives a different meaning defeating the object of the statute. If a statutory
provision is open to more than one interpretation the Court has to choose that
interpretation that represents the true intention of the legislature in other
words the ‘true meaning’ or a ‘legal meaning’. The purpose of Interpretation of
Statutes is to help the Judge to ascertain the intention of the Legislature and
not to control that intention or to confine it within the limits, which the
Judge may deem reasonable or expedient.
Intention
of the Legislature:
Legislative language may be complicated for a layman hence it is necessary to interpret the statute so that everyone can understand it. The main objective of interpretation is to determine the intention of the legislature which is expressed impliedly or expressly. 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.
The
expression ‘intention of the legislature’ is the shorthand reference to the
meaning of words used by the legislature objectively determined with the
guidance furnished by the accepted principles of interpretation.
Judgments:
1) In this
regard, a Constitution Bench of five Judges of the Supreme Court in R.S. Nayak
v A.R. Antulay, AIR 1984 SC 684 has held: “… If the words of the Statute are
clear and unambiguous, it is the plainest duty of the Court to give effect to
the natural meaning of the words used in the provision. The question of construction
arises only in the event of an ambiguity or the plain meaning of the words used
in the Statute would be self defeating.”
2) Again
Supreme Court in Grasim Industries Ltd. v Collector of Customs, Bombay, (2002)4
SCC 297 has followed the same principle and observed: “Where the words are clear and there is no
obscurity, and there is no ambiguity and the intention of the legislature is
clearly conveyed, there is no scope for court to take upon itself the task of
amending or altering the statutory provisions.”
Conclusion:
Thus it can
be concluded that the objective of the interpretation of statutes is to
understand the true sense or legal meaning of the words used in the statute in
the harmony with the purpose of the enactment. If the language is clear and
unambiguous, no need of interpretation would arise. Necessity of interpretation
would arise only where the language of a statutory provision is ambiguous, not
clear or where two views are possible or where the provision gives a different
meaning defeating the object of the statute.
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