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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