Meaning, Scope and objective of construction of statutes

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. Let’s understand meaning, scope and objective of construction of statute.

Meaning, Scope and objective of construction of statutes:

Meaning:

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. Rules of construction has also been defined as "the drawing in inference by the act of reason, as to the intent of an instrument, from given circumstances, upon principles deduced from men's general motives, conduct and action. Statutory construction is the process of determining what a particular statute means so that a court may apply it accurately.

Objective and Scope of Construction:

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. The judge examines the circumstances surrounding the provision, laws, other writings, verbal agreements dealing with the same subject matter, and the probable purpose of the unclear phrase in order to conclude the proper meaning of such words. Once the judge has done so, the court will enforce the words as construed. However, for language that is plain and clear, there cannot be a construction.

A regular pattern of decisions concerning the application of a particular provision of a statute is a rule of construction that governs how the text is to be applied in similar cases. In the construction of the statutes, words and phrases shall be construed according to the commonly approved usage of the language; and technical words and phrases, and such as have acquired a peculiar and appropriate meaning in the law, shall be construed and understood accordingly.

Construction refers to the drawing of conclusions of the legal text that lie beyond the direct expression of the legal text. All other forms of constitutional and statutory analysis come under construction. Construction takes place when the meaning of the text is unclear, ambiguous and is challenged. When the use of the literal meaning of the legal text creates ambiguity, construction helps to find out if the case can be covered under it or not. Golden rule, Rule of harmonious construction and mischief rule are the main principles of construction.

Construction is when the meaning is applied to particular factual circumstances. Construction tries to conclude it. Through construction, one can discover the legal effect of the legal text. Construction creates additional rules to resolve the vagueness. Construction is a method of interpretation where the words are interpreted vigorously and literally. Construction of legal text has to be done as a whole.

On the other hand, construction is used to ascertain the legal effect of the legal text. Construction is used when the legal text exhibits ambiguous meaning and the court has to decide whether the words used in the legal text covers the case or not. Construction has broad scope. Construction may include interpretation. Construction has legal effect.

Conclusion:

In law, construction is the process of legal explanation which makes sense of difficult and hard terms written in statutes and gives a conclusion based on logic and reasoning. A court extracts findings after inspecting the meaning of the words used in the text. The aim of construction is to establish the legal effect of the legal text. The basic principle of construction is to read the text, laws or statutes in a literal manner.

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Difference between interpretation and construction 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. Let’s understand difference between interpretation and construction of Statute.

Difference between interpretation and construction of Statute

The key differences between interpretation and construction have been enumerated below:

Interpretation of Statutes	Construction of Statutes
Interpretation refers to the understanding of words and the true sense of a legal text.	Construction refers to the drawing of conclusions of the legal text that lie beyond the direct expression of the legal text.
Interpretation takes place when we want to find the original meaning of a legal text.	All other forms of constitutional and statutory analysis come under construction.
Interpretation takes place when the meaning of the legal text is clear and unambiguous so that it can be interpreted.	Construction takes place when the meaning of the text is unclear, ambiguous and is challenged.
The main function of interpretation is to find out the simple and real meaning of the legal text.	When the use of the literal meaning of the legal text creates ambiguity, construction helps to find out if the case can be covered under it or not.
Interpretation deals with identifying the semantic meaning of a particular use of language in context.	Construction is when the meaning is applied to particular factual circumstances.
Interpretation finds out the ways through which any statute can be analysed.	Construction tries to conclude it.
Through interpretation, one can find out the linguistic meaning in the context of a legal text.	Through construction, one can discover the legal effect of the legal text.
Interpretation rules out ambiguity.	Construction creates additional rules to resolve the vagueness.
Interpretation can be regarded as a broad form of construction as to how one construes a legal text.	Construction is a method of interpretation where the words are interpreted vigorously and literally.
Interpretation of a legal text can be done partly	Construction of legal text has to be done as a whole.
Interpretation helps in determining the real meaning and intention of the legislature.	On the other hand, construction is used to ascertain the legal effect of the legal text.
Interpretation is used when the Court complies with simple meaning of the legal text.	Construction is used when the legal text exhibits ambiguous meaning and the court has to decide whether the words used in the legal text covers the case or not.
Interpretation has limited scope.	Construction has broad scope.
Interpretation does not include construction.	Construction may include interpretation.
Interpretation does not have any legal effect.	Construction has legal effect.
e.g. Literal rule.	e.g. golden rule, mischief rule.
Courts may interpret the statute.	Elected members are free to construe the statute.

 

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Basic Principles 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. Let’s understand the basic principles or rules of interpretation of Statute.

Basic Principles of Interpretation of Statute:

Intention of the legislature:

We have discussed the Intention of the legislature in previous blog. 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. To understand the intention of the legislature or the Legislative intent there are certain rules or principles to be followed.

Some Important points to be taken care of in the context of interpreting Statutes:

Statute must be read as a whole in its Context:

The fundamental principle of statutory interpretation is that the words of a statute be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of the legislature. The most important step throughout interpretation is to analyze the language and the exacting significance of the resolution. 

As per Lord Brougham, it is necessary to take the exact meaning of the words which the legislature have given them, and to take the meaning which the words given naturally imply, unless where the construction of those words is either by the preamble or by the context of the words in question, controlled or altered.

Heydon’s Rule:

The Heydon’s Rule was given by Lord Poke in Heydon’s case in 1584. It is also called as rule of purposive construction as purpose of statute is very important is to be considered while applying this rule. It is called as mischief rule because the main target is on curing the mischief and advance the remedy. As per this rule four things have to be followed for true and sure interpretation of all the statutes in general, which are as follows-

a) the common law before the making of an Act

b) the mischief for which the present statute was enacted

c) the remedy sought or resolved and appointed by the Parliament to cure the mischief of the commonwealth

d) the true reason for the remedy.

The rule then detects the defects and enhances the law for providing the remedy. If there is any defect in any statute then the court must adopt the purposive construction which shall suppress the mischief or defect and advance the remedy.

Statute should be Construed so as to make it Effective and Workable:

If statutory provision is ambiguous and capable of various constructions, then that construction must be adopted which will give meaning and effect to the other provisions of the enactment rather than that which will give none. Ut Res Magis Valent Quam Parent is a Latin maxim that means a thing should affect than being made void. It is a rule of construction which means the construction of a rule should give effect to the rule rather than destroying it, i.e., when there are two constructions possible in a provision such that one gives effect to the provision and the other renders the provision inoperative, the former which gives effect to the provision is adopted and the latter is discarded.

Harmonious construction:

When two or more provisions of the same statute are repugnant to each other, then in such a situation the court, if possible, by maintaining harmony between the two will try to construe the provisions in such a manner as to give effect to both the provisions. The basis of the harmonious construction is that the legislature must have not intended to contradict itself. Moreover one provision is the exception to the general provision of the law. One provision of the act cannot make the other provision of the same act repugnant. It can be said when the legislature gives something by one hand then it cannot be take away by the other hand.

The golden rule of Interpretation

It is known as the golden rule because it solves all the problems of interpretation. The rule says that to start with we shall go by the literal rule, however, if the interpretation given through the literal rule leads to some or any kind of ambiguity, injustice, inconvenience, hardship, inequity, then altogether such events the literal meaning shall be discarded and interpretation shall be wiped out such a fashion that the aim of the legislation is fulfilled.

Judgments:

1) In case of State of Kerala v. Mathai Verghese and others, 1987 AIR 33SCR (1) 317, a person was caught along with the counterfeit currency “dollars” and he was charged under Section 120B, 498A, 498C, and 420 read with Sectionn 511 and 34 of Indian Penal Code for having fake cash. A charge under Section 498A and 498B of the Indian Penal Code must be imposed on account of falsifying Indian money notes and not in the situation of duplicating unfamiliar cash notes. The court held that the word money notes or monetary order can’t be prefixed. The individual was held obligated to be charge-sheeted.

2) In case of Smith v. Huges, 1960 WLR 830, the prostitutes were soliciting in the streets of London and it was creating a huge problem in maintaining law and order so to prevent this problem, the Street Offences Act, 1959 was enacted. After the enactment of this act, the prostitutes started soliciting from windows and balconies and the prostitutes who were carrying on soliciting from the streets and balconies were charged under section 1(1) of the said Act. But the prostitutes pleaded that they weren’t solicited from the streets. The court held that although they were not soliciting from the streets yet the mischief rule will be applied to prevent the soliciting by prostitutes and shall look into this issue. By applying this rule, the court held that the windows and balconies were taken to be an extension of the word street, and the charge sheet was held to be correct.

3) In case of K.P. Varghese v. ITO[1981] it was held that, the court should as far as possible avoid that construction that attributes irrationality to the Legislature and prefers a construction that renders the statutory provision constitutionally valid rather than the one which makes it void.

4) In case of Ishwari Khaitan Sugar Mills v. State of Uttar Pradesh, the State Government proposed to acquire sugar industries under the Uttar Pradesh Sugar Undertakings (Acquisition) Act, 1971. This was challenged on the ground that these sugar industries were declared to be a controlled one by the union under the Industries (Development and Regulation) Act, 1951, and the state did not have the power of acquisition or requisition of property which was under the control of the union. The SC held that the power of acquisition was not occupied by the Industries (Development and Regulation) Act, 1951, and the state had a separate power under Entry 42 List III.

5) In case of Tirath Singh v. Bachittar Singh AIR 1955 SC 850, there was an issue about issuing of the notice under Section 99 of the Representation of People’s Act, 1951, concerning corrupt practices involved within the election. According to the rule, the notice shall be issued to all or any those persons who are a party to the election petition and at a similar time to people who are not a party to it. Petitioner contended that no such notice was issued to him under the said provision. The notices were only issued to those that were non-parties to the election petition.

6) In the case of Saraswati Sugar Mills v/s Haryana State Board, the supreme court held that the word vegetable in entry 15 of schedule I of Water (Prevention and control of pollution) cess Act, 1977 is to be understood as in common parlance. Botanical meaning cannot be given to the word. Therefore, sugarcane is not a vegetable. As such industries manufacturing sugar from sugarcane do not fall within the abovementioned entry and are, therefore, not liable to pay cess. The industry manufacturing alcohol from molasses could not be considered an industry within the above entry.

7) In the case of Jagdish Singh v. Lt. Governor, Delhi, it was held by the Supreme Court that in case of conflict between various provisions of the rule, harmonious construction should be made and statute or rule made there under should be read as a whole. One provision should be construed with reference to another so as to make the rule consistent. One rule cannot be used to defeat another rule in the same rules.

Conclusion:

Thus it is clear that 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 are the basic rules or principles of the interpretation of statute. These rules must be followed to impart the maximum justice by the Courts.

 

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Objective of Interpretation of Statutes

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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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.

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Interpretation of Statutes: Short Q and A: Part 5

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 5

 

41) Can title control the express meaning of the enactment?

Ans. No, the title cannot control the express operative provision of the enactment.

42) On what basis can a true nature of an enactment be determined?

Ans. The true nature of any such enactment has always to be determined on the basis of its substance and its operative provisions.

43) What are the functions of the preamble of the Constitution of India?

Ans. The true functions of the Preamble are to expound the nature and extent and application of the powers actually confirmed by the Constitution and not substantially to create them.

44) Why marginal notes of the Constitution of India are referred to interpret the Articles?

Ans. In the case of the Indian Constitution, the marginal notes have been enacted by the Constituent Assembly and hence they may be referred to for interpreting the Articles of the Constitution.

45) What are the punctuations?

Ans. ‘Punctuation’ means to mark with points and to make points with usual stops. It is the art of dividing sentences by point or mark.

46) Why a proviso is added in an enactment?

Ans. A proviso is added to an enactment to qualify or create an exception to what is in the enactment and ordinarily, a proviso is not interpreted as stating a general rule.

47) What purposes are served by the proviso?

Ans. A proviso may serve four different purposes:

(1) qualifying or excepting certain provisions from the main enactment;

(2) it may entirely change the very concept of the intendment of the enactment by insisting on certain mandatory conditions to be fulfilled in order to make the enactment workable;

(3) it may be so embedded in the Act itself as to become an integral part of the enactment and thus acquire the tenor and colour of the substantive enactment itself; and

(4) it may be used merely to act as an options addenda to the enactment with the sole object of explaining the real intendment of the statutory provision.

48) What is a non-obstante clause?

Ans. A section sometimes begins with the phrase ‘notwithstanding anything contained etc.’ Such a clause is called a non obstante clause.

49) What is the purpose of the non-obstante clause?

Ans. General purpose of a non-obstante clause is to give the provision contained in the non obstante clause an overriding effect in the event of a conflict between it and the rest of the section.

50) What are the external aids of construction and interpretation of statute?

Ans. The history of legislation, the enactments which are repealed, the parliamentary debates, dictionary commentaries etc. are the external aids to construction.

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Interpretation of Statutes: Short Q and A: Part 4

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 4

 

31) Which section of the General Clauses Act, 1897 provides for the definition of ‘act’?

Ans. Section 3(2) of the General Clauses Act, 1897.

32) Which section of the General Clauses Act, 1897 provides for the definition of ‘affidavit’?

Ans. Section 3(3) of the General Clauses Act, 1897.

33) Is swearing allowed in affidavit?

Ans. No, affidavit is to be given instead of affidavit.

34) What is included in an affidavit?

Ans. An affidavit includes an affirmation and a declaration made by a person regarding his case.

35) Where is affidavit used?

Ans. An affidavit is used along with witness statements to prove the truthfulness of a certain statement in court.

36) What are considered as the internal aids for interpretation of statute?

Ans. The preamble, title, heading, marginal notes, punctuation, illustrations, definitions, proviso, explanation etc. are considered as internal aids for interpretation of statute.

37) Which thing is not a part of an enactment but it is written with the enactment?

Ans. Preamble is not a part of an enactment but it is part of an Act.

36) How preamble is recital to the intention of the legislature?

Ans. Preamble is a recital to the intent of the legislature as it enumerates the mischief to be remedied.

37) What are the main guidelines to interpret the Indian Constitutional provisions?

Ans.  In India, it is well settled in the field of constitutional law that the preamble to the Constitution of India and Directive Principles of State Policy are the guidelines for interpreting the constitutional provisions.

38) Which title provides for the object, scope or purpose of the enactment?

Ans. The long title is taken along with the preamble or even in its absence is a good guide regarding the object, scope or purpose of the Act.

39) Is short title useful in construction of statute?

Ans. No, the short title being only an abbreviation for purposes of reference is not a useful aid to construction.

40) Can title override the clear meaning of the enactment?

Ans. No, the title of the enactment cannot override the clear meaning of the enactment.

 

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Interpretation of Statutes: Short Q and A: Part 3

 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 3

 

21) What is a temporary statute?

Ans. A temporary statute is a statute that contains a clause limiting the duration of its validity and operation.

22) When a statute becomes temporary?

Ans. A statute is temporary when the legislature fixes the period during which it remains in operation and unless extended ceases to have the operation on the expiry of the period so fixed by the legislature.

23) Under which situations a statute is repealed impliedly?

Ans. A statute is presumed to have been repealed impliedly in the following cases:

I. If the provisions of the former enactment are clearly repugnant to those of the subsequent enactment.

II. If the application of the two statutes at the same time would wholly result in absurd consequences.

III. If the entire subject matter of the first enactment is taken away by the second enactment.

24) What is the purpose of the General Clauses Act, 1897?

Ans. The General Clauses Act is to consolidate General Clauses Act, 1868 and 1887.

25) Is General Clauses Act, 1897 colonial law? Who enacted this Act in India?

Ans. Yes, the General Clauses Act, 1897 is colonial law enacted in the territory of India under British Rule and is still enacted in India.

26) What is the extent of definitions given in the General Clauses Act, 1897?

Ans. Definitions given in the General Clauses Act, 1897 is having extent to all Central Acts and Regulations made after the enactment of this Act.

27) What is the meaning of ‘abet’ in the General Clauses Act, 1897?

Ans. In the purview of the General Clauses Act, 1897 the meaning of abet with all its all grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code, 1860.

28) What is the meaning of ‘abet’?

Ans. The term ‘abet’ is a verb having meaning ‘encourage or assist (someone) to do something wrong, in particular, to commit a crime and encourage or assist someone to commit (a crime)’.

29) What do you mean by an ‘act’ in law?

Ans. As per the General Clauses Act, 1897 the meaning of the act is used with to an offence or a civil wrong.

30) What is included in ‘act’ when it is used in law?

Ans. An ‘act’ includes an offence or a civil wrong. There may be a series of offences or civil wrongs included in the term ‘act’. Also illegal omissions are included in the term ‘act’.

 

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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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Interpretation of Statutes: Short Q and A: Part 1

 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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Mahisagar Mataji Samaj Seva Trust Vs State

Vande Matram friends! Welcome to the series on Animal Welfare in India. I am feeling proud of myself for presenting this series in front of you and I pray to Thy Almighty that I can share a maximum of information in this regard with you!

Those who want justice must knock on the doors of Courts!

Introduction:

In this article, you will know about a judgment of the Gujarat High Court in regards to Cattle Trespass. The judgment was written by Mr. Bhaskar Bhattacharya and J. B. Pardiwala. The case was decided on 12.03.2012.

Petitioner is a trust named Mahisagar Mataji Samaj Seva Trust through its President.

While there are three respondents: 1) State of Gujarat through Secretary Home Department, 2) Vadodara Municipal Corporation and 3) other.

Facts of the case:

The petitioner, a public charitable trust registered under the Bombay Trusts Act, at Vadodara has redressed a very serious grievance on behalf of the Maldharis (cattle owners) as regards a very highhanded and arbitrary action on the part of the respondents-authorities in not releasing a cattle impounded under the provisions of the Cattle Trespass Act, 1871 (for short, 'the Act').

The only source of livelihood for the Maldhari community is the income derived from the sale of milk and milk products. For this purpose, each and every Maldhari family has cattle. Each of the family is holding a valid permit issued by the Health Department of Vadodara Municipal Corporation for keeping cattle. As per the data provided, there are approximately 2000 families within the revenue limits of Vadodara settled at different places and the total number of cattle reared is more than 10000.

By provisions of the Act as and when the authority concerned seizes any cattle found straying on public roads, such cattle are sent to the nearest cattle pounds which are being managed by the Corporation. When the cattle owner approaches the authority for release of their cattle on payment of fine, the cattle are not being released on the ground that an important festival is on the way and they would be released only after the festival is over, justifying that during the period of an important festival such cattle would cause a lot of inconvenience and nuisance to the general public at large.

The present case is concerned, the fine which is being imposed is as per the notification issued by the Home Department of the State Government dated 15th October 2003. The said notification amends the rates of fine fixed for stray animals on the streets and roads of Municipal Corporations areas of the State under Government.

Dt. 22nd July 2011: hundreds of cattle were seized by the concerned department of the Vadodara Municipal Corporation and were sent to cattle pounds. Various applications were preferred by the respective cattle owners requesting for the release of their cattle on accepting the requisite amount of fine.

5th July 2010: a legal notice issued by an advocate to the Municipal Corporation in this regard to release the cattle. Representations were also made to the Collector, Vadodara Municipal Corporation. In spite of these, the respondents-authorities refused to release the cattle and kept them at cattle pounds in an unauthorised manner.

Hardly any fodder or water is being provided to them, as a result of which most of the cattle die and this again is nothing short of cruelty to the animals, which is otherwise also an offence under the provisions of Cruelty to Animals Act. If there is a procedure prescribed for the seizure of cattle and also for the release of such cattle, then the authorities are duty-bound to strictly comply with such procedure of law as prescribed under the Act.

Points raised by respondents:

A number of cattle are found straying on public roads and many cases of accidents have been reported. Due to such accidents occurring as a result of such cattle straying on public roads, the Corporation had to take steps for seizure of such cattle on daily basis. A separate independent department is monitoring the seizure of cattle which are found straying on the roads. The respondent Corporation has provided at least three cattle sheds; one is recognised as 'Khaswadi' cattle-shed having a capacity to accommodate around 190 cattle, the other two are recognised as 'Panigate' cattle-shed having a capacity to accommodate around 83 cattle, and 'Lalbaug' shed having a capacity to accommodate around 60 animals. For maintaining such cattle pounds, there is a provision for pure drinking water and fodder.

On seizure of the cattle by the Corporation, such cattle are handed over to local public charitable trusts after 15 days and such public charitable trusts would take care of such cattle. Such public charitable trusts are running 'Panjrapole' where cattle are being taken care of.

The Corporation received a number of representations from the citizens complaining about the nuisance being caused by straying cattle. Due to the festival of 'Janmashtmi' many cattle were seized and they were not released in spite of the fact that the owners of the cattle were ready and willing to deposit the fine.

Provisions of Cattle Trespass Act, 1871:

The Cattle Trespass Act, 1871 came to be enacted with the primary object to consolidate the law relating to cattle trespass. The said Act is a colonial law and is still enacted in independent India.

Section 11 of the Act empowers the authority concerned to seize cattle found straying on public roads, etc. Section 11 reads as under:

11. Cattle damaging public roads, canals and embankments. - Persons in charge of public roads, pleasure-grounds, plantations, canals, drainage-works, embankments and the like and officers of police, may seize or cause to be seized any cattle doing damage to such roads, grounds, plantations, canals, drainage-works, embankments and the like, or the sides or slopes of such roads, canals, drainage-works or embankments or found straying thereon, and shall send them or cause them to be sent within twenty-four hours to the nearest pound.

Section 4 of the Act provides for the establishment of pounds.

4. Establishment of pounds.- Pounds shall be established at such places as the Magistrate of the District, subject to the general control of the State Government, from time to time directs.

The village by which every pound is to be used shall be determined by the Magistrate of the District."

Section 5 provides for control of pounds.

5. Control of pounds. Rate of charge for feeding impounded cattle.- The pounds shall be under the control of the Magistrate of the District; and he shall fix, and may from time to time alter the rates of charge for feeding and watering impounded cattle.

Section 6 provides for appointment of pound-keepers.

6. Appointment of pound-keepers.- The State Government shall appoint a pound-keeper for every pound.

The duties of pound-keepers have been prescribed under Sections 7, 8 and 9 of the Act, which read as under:

7. To keep registers and furnish returns. - Every pound-keeper shall keep such registers and furnish such returns as the State Government from time to time directs.

8. To register seizures.- When cattle are brought to a pound, the pound-keeper shall enter in his registers,-

(a) the number and description of the animals,

(b) the day and hour on and at which they were so bought,

(c) the name and residence of the seizer, and

(d) the name and residence of the owner, if known, and shall give the seizer or his agent a copy of the entry.

9. To take charge of and feed cattle.- The pound-keeper shall take charge of, feed and water the cattle until they are disposed of as hereinafter directed.

Section 12 of the Act provides for the recovery of fines for cattle impounded.

12. Fines for cattle impounded.- For every head of cattle impounded as aforesaid, the pound-keepers shall levy a fine in accordance with the scale for the time being prescribed by the State Government in this behalf by notification in the Official Gazette. Different scales may be prescribed for different local areas. All fines so levied shall be sent to the Magistrate of the District through such officer as the State Government may direct.

List of fines and charges for feeding.- A list of the fines and of the rates of charge for feeding and watering cattle shall be posted in a conspicuous place on or near to every pound.

Section 13 provides for the procedure when the owner claims the cattle and pays fines and charges.

13. Procedure when owner claims the cattle and pays fines and charges. - If the owner of the impounded cattle or his agent appear and claim the cattle, the pound-keeper shall deliver them to him on payment of the fines and charges incurred in respect of such cattle.

The owner or his agent, on taking back the cattle, shall sign a receipt for them in the register kept by the pound-keeper.

Section 14 provides for the procedure if cattle be not claimed within a week.

14. Procedure if cattle be not claimed within a week.- If the cattle be not claimed within seven days from the date of their being impounded, the pound-keeper shall report the fact to the officer in charge of the nearest police-station, or to such other officer as the Magistrate of the District appoints in this behalf.

Such officer shall thereupon stick upon in a conspicuous part of his office a notice stating -

(a) the number and description of the cattle,

(b) the place where they were seized,

(c) the place where they are impounded, and shall cause proclamation of the same to be made by beat of drum in the village and at the market-place nearest to the place of seizure.

If the cattle be not claimed within seven days from the date of the notice, they shall be sold by public auction by the said officer, or an officer of his establishment deputed for that purpose, at such place and time and subject to such conditions as the Magistrate of the District by general or special order from time to time direct:

Provided that, if any such cattle are, in the opinion of the Magistrate of the District, not likely to fetch a fair price if sold as aforesaid, they may be disposed of in such manner as he thinks fit.

Section 15 is with regard to the delivery of cattle to the owner disputing the legality of the seizure.

15. Delivery to owner disputing legality of seizure but making deposit.- If the owner or his agent appear and refuse to pay the said fines and expenses, on the ground that the seizure was illegal and that the owner is about to make a complaint under section 20, then, upon deposit of the fines and charges incurred in respect of the cattle, the cattle shall be delivered to him.

Section 16 provides for the procedure when the owner refuses or omits to pay the fines and expenses.

16. Procedure when owner refuses or omits to pay the fines and expenses.- If the owner or his agent appears and refuses or omits to pay or (in the case mentioned in section 15) to deposit the said fines and expenses, the cattle, or as many of them as may be necessary, shall be sold by public auction by such officer at such place and time, and subject to such conditions, as are referred to in section 14.

Deduction of fines and expenses.- The fines leviable and the expenses of feeding and watering, together with the expenses of sale, if any, shall be deducted from the proceeds of the sale.

Delivery of unsold cattle and balance of proceeds.- The remaining cattle and the balance of the purchase-money, if any, shall be delivered to the owner or his agent, together with an account showing-

(a) the number of cattle seized,

(b) the time during which they have been impounded,

(c) the amount of fines and charges incurred,

(d) the number of cattle sold,

(e) the proceeds of sale, and

(f) the manner in which those proceeds have been disposed of.

Receipts.- The owner or his agent shall give a receipt for the cattle delivered to him and for the balance of the purchase-money (if any) paid to him according to such account.

Section 20 of the Act provides for power to make complaints.

20. Power to make complaints.- Any person whose cattle have been seized under this Act, or, having been so seized, have been detained in contravention of this Act, may, at any time within ten days from the date of the seizure, make a complaint to the Magistrate of the District or any Magistrate authorized to receive and try charges without reference by the Magistrate of the District.

Section 22 of the Act provides for compensation for illegal seizure or detention.

22.Compensation for illegal seizure or detention.- If the seizure or detention be adjudged illegal, the Magistrate shall award to the complainant, for the loss caused by the seizure or detention, reasonable compensation, not exceeding one hundred rupees, to be paid by the person who made the seizure or detained the cattle together with all fines paid and expenses incurred by the complainant in procuring the release of the cattle, Release of cattle.- And, if the cattle have not been released, the Magistrate shall, besides awarding such compensation, order their release and direct that the fines and expenses leviable under this Act shall be paid by the person who made the seizure or detained the cattle.

Section 27 is with regard to the penalty which can be imposed on the pound-keeper who failed to perform his duty under the Act.

27. Penalty on pounds-keeper failing to perform duties.- Any pound-keeper releasing or purchasing or delivering cattle contrary to the provisions of section 19, or omitting to provide any impounded cattle with sufficient food and water, or failing to perform any of the other duties imposed upon him by this Act, shall, over and above any other penalty to which he may be liable, be punished, on conviction before a Magistrate, with fine not exceeding fifty rupees. Such fines may be recovered by deductions from the pound-keeper's salary.

Section 29

29. Saving of right to sue for compensation.- Nothing herein contained prohibits any person whose crops or other produce of land have been damaged by trespass of cattle from suing for compensation in any competent court.

Provisions of PACC:

Section 2(a)

Section 2(a) of the Prevention of Cruelty to Animals Act, 1960 reads thus, 'animal' means any living creature other than a human being.

Section 3

3. Duties of persons having charge of any animals: It shall be the duty of every person having the care or charge of any animal to take all responsible measures to ensure the well-being of such animal and to prevent the infliction upon such animal of unnecessary pain or suffering.

Thus, PCAA imposes an obligation upon all persons/authorities for caring for the animals providing all necessary facilities for their care and life. In the above referred provision the words "charge of any animal" are significant. It is the duty of the custodian of animals to take care of animals including saving its life.

Constitutional provisions:

Article 51A

Article 51-A of the Constitution of India also provides that it shall be the duty of every citizen to have compassion for living creatures. The Constitution has imposed fundamental duties to all citizens to have compassion towards living creatures. The words used here are "living creatures". Hence, all the citizens are required to have compassion towards all living creatures including animals, birds, reptiles, and even small insects also.

The Hon'ble Supreme Court has expressed a new dimension to the words "to have compassion for living creatures" of Article 51-A(g). A Constitution Bench of 7 Judges held in paragraph 58 as under:

“In AIIMS Students' Union v. AIIMS and Ors., (2002) 1 SCC 428, a three-Judge Bench of this Court made it clear that fundamental duties, though not enforceable by writ of the court, yet provide valuable guidance and aid to interpretation and resolution of constitutional and legal issues. In case of doubt, peoples' wish as expressed through Article 51-A can serve as a guide not only for resolving the issue but also for constructing or moulding the relief to be given by the courts. The fundamental duties must be given their full meaning as expected by the enactment of the Forty-second Amendment. The Court further held that the State is, in a sense, 'all the citizens placed together' and, therefore, though Article 51A does not expressly cast any fundamental duty on the State, the fact remains that the duty of every citizen of India is, collectively speaking, the duty of the State.”

Now as per the ruling, fundamental duty under Article 51A(g) to have compassion towards living creatures is extended to State Government and Government authority. State is equally responsible for due care and protection of animals.

The universal declaration of animal rights

International League for Animal Rights has finally approved the declaration at London on 21st-23rd September 1977. Declaration proclaimed on 15th October 1978 United Nations and UNESCO has ratified the declaration Preamble "Considering that all living being possess natural rights and that any animal with a nervous system has specific rights."

Article 1: All animals are born equal and they have the same rights to existence.

Article 2: (a) Every animal has the right to be respected; (b) Man, like the animal species, cannot assume the right to exterminate other animals or to exploit them, thereby violating this right. He should use his conscience for the service of the animals; (c) Every animal has the right to consideration, good treatment and the protection of man.

Article 3: (a) No animal should be submitted to bad treatment or cruel actions; (b) If the death of an animal is necessary, this should be sudden and without fear or pain.

Article 4: (a) All animals belonging to a wild species have the right to live free in their natural environment, and have the right to reproduce; (b) Each deprivation of freedom, even for educational purposes, is in opposition to this right.

Article 5: (a) Every animal that usually lives in a domestic environment must live and grow to a rhythm natural to his species; (b) Any change to this rhythm and conditions dictated by man for mercantile purpose, is a contradiction of this law.

Article 6: (a) All animals selected by man, as companions must have a life corresponding to their natural longevity; (b) To abandon an animal is a cruel and degrading action.

Article 7: Working animals must only work for a limited period and must not be worked to exhaustion. They must have adequate food and rest.

Article 8: (a) Experiments on animals that cause physical and mental pain, are incompatible with animal rights, even if it is for medical, scientific, commercial or any other kind of experiment; (b) A substitute technique must be investigated and developed.

Article 9: In the eventuality of an animal bred for food, it must be fed, managed, transported and killed without it being in fear or pain.

Article 10: (a) No animal should be used for entertainment; (b) Animal exhibitions and shows that use animals are incompatible with an animal's dignity.

Article 11: Every action that causes the unnecessary death of an animal, is cruel which is a crime against life.

Article 12: (a) Every action that causes the death of a lot of wild animals is genocide, that is a crime against the species; (b) Pollution and destruction leads to the extinction of the species.

Article 13: (a) Dead animals must be treated with respect; (b) Violent scenes, where animals are the victims, must be forbidden at the cinema and on TV, unless they are for the demonstration of animal rights.

Article 14: (a) Protection and safeguarding associations must be represented at government level; (b) Animal rights must be defended by law as are human rights.

"The human species must consider itself an element of the terrestrial habitat and must respect co-existence and symbiosis. Any failure to respect these is an attack on nature, prejudicial to the whole ensemble of inanimate and animate beings." - Hon'ble Mr. Justice V. R. Krishna Iyer in an article named "The Rights of our Animal Brethren"

"The unity that runs thro' Creation is thus a basic truth. Nature has thus an integral relation with animalia and homo sapiens is an inseverable part of the evolutionary spirit the highest peak of ecological ascent. These great values are reflected in our constitution, a rare good fortune and a binding recognition. The State and the citizen are duty bound to promote and preserve ecology and environment as mandated by Articles 48A and 51A." ." - Hon'ble Mr. Justice V. R. Krishna Iyer in an article named "The Rights of our Animal Brethren"

Ancient beliefs:

The universality of divinity is a fundamental faith of Indian humanity rooted in the Rig Veda and manifest in the spiritual core of all religions.

The ancients have stated that God sleeps in the mineral, awakens in the vegetable, walks in the animals, and thinks in man.

The philosophical perspective of Animal Welfare is thus part parcel of our cultural heritage. Every time cruelty is practiced on man or beast or bird or insect, we do violence to the Buddha and Mahavira. Every torture on an animal and every export of animals is a sin to the memory of the founders of Bhartiya Sanskar.

Interpretation of provisions and analysis of facts by Court:

The Act undoubtedly empowers the authority concerned to seize or cause to be seized any cattle doing damage to such public roads, pleasure-grounds, plantations, canals, drainage-works, embankments, and the like, but at the same time, Section 13 of the Act also provides that if the owner of the impounded cattle or his agent appears and claims the cattle, the pound-keeper shall deliver such cattle to him on payment of fines and charges incurred in respect of such cattle. The mandate of the law is very clear. Once the owner of the cattle is ready and willing to pay the fine for getting his cattle released then the authority is duty-bound to release such cattle. If such cattle are once again found straying on public roads then it is always open for the authority to seize the same.

The court does not want to convey that public nuisance should be overlooked at the expense of animal rights. Public nuisance must be taken care of but the same must be taken care of only in accordance with law and not otherwise. It is always open for the authorities concerned to curb the menace of cattle straying on public roads and causing a nuisance, but when it decides to take steps under the law, then at that stage the authorities are expected and are duty-bound to treat such cattle with compassion even while keeping them at cattle-pound or at 'Panjrapole'.

We are constrained to observe this because over a period of time many cases have come to our notice that once cattle go to a cattle-pound or a 'Panjrapole', it is made to suffer and ultimately dies. Many cases have been reported where out of hundreds of seized cattle, hardly one cattle remains alive. The only reply to this so far has been that the cattle died due to some disease.

Directions given by the Court:

The authorities concerned shall strictly abide by the provisions of the Cattle Trespass Act, 1871;

The authorities concerned shall release the cattle seized under Section 11 of the Act, no sooner the owners of the cattle or their agent appear and claim the cattle, on payment of fines and charges incurred in respect of such cattle. At that stage, the authority shall not refuse release of the cattle on the ground of festival etc.;

The authorities concerned shall ensure that the pound-keepers appointed under Section 6 of the Act strictly comply with and abide by the provisions of the Act and perform their duty as prescribed under the Act;

The authorities concerned shall take care to see that if the cattle are not claimed by anyone within 7 days from the date of their being impounded, the authorities concerned shall comply with the provisions of Section 14 of the Act and take care to see that the cattle are kept in a good condition by providing water and fodder;

All District Magistrates of the State of Gujarat are hereby directed to ensure that the provisions of the Cattle Trespass Act, 1871 are scrupulously complied with and any violation of the same shall be dealt with strictly in accordance with the law.

Note: Part in Red is reproduced as it is from the Bare Act.

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