What is Interpretation of Statutes?
Custom, Precedent and Legislation
are the three main sources of Law. In modern times,
Legislation has become an important source of law. The law that comes into
being from Legislation is called Enacted Law or Statute Law. Courts have the power to
interpret and understand the meaning and intent of the legislation while
dealing with cases. This process of understanding / ascertaining the meaning of
the letters and expressions of the statute done by the court is called Interpretation
of Statute.
Courts try their best in understanding the true meaning
and intention of the legislation in the statute. However, when one or more
portions or the statute itself is against the law of the land, court strike
them down and invalidates them. In some cases, this striking down process
appears so great that the decision is widely perceived as constituting a new
policy made by Judges and not by the legislators or administrators.
Aids in interpretation of statutes
Internal Aids
Every internal part of the statute is an internal aid in
interpretation of statutes.
External Aids
- Historical setting / context
- Parliamentary debates
- International Conventions
- Dictionaries
- Textbooks
- Social setting
- Political setting
- Economic development
- Statutes in pari materia
- Contemporanea expositio
- Foreign decisions
Rules and Construction
- Literal Rule: Words and phrases will have their general meaning. In case of technical legislation, they will have technical meaning.
- Golden Rule: In some cases, Judges might have to move away from literal meaning towards logical meaning not with reference to letter of the law but with the spirit with which the law has been enacted.
- Rule of Law : To be borne in mind the rule of law while interpreting the Statute as to for what purpose the statute has been enacted. The preamble of the Constitution of India is the best RULE OF LAW while interpreting any Part or Article of the Constitution. The ultimate objective is to take forward the system to build INDIA a welfare State.
- Mischief Rule or Purposive Construction: Consideration of four points in the process of interpretation: What is the law before the enactment, What was the mischief or defect the earlier law had, what is the solution provided and what is the reason for the remedy?
- Beneficial Construction: Widening the natural meaning of the language
Notes
- Reading down a provision
- Organizations and bodies (such as the American Law Institute) that work outside the court too interpret the law (statutes) and court decisions for our easy understanding.
Related Cases / Recent Cases / Case Law
- Ardeshir v Flaora Sassoon, AIR 1928 PC 208: "It will be useful, in the interpretation of the relevant sections, to have in mind what the English system on which the Act is based was in its origin and in its fullness at the date of codification."
Related Cases / Recent Cases / Case Law
- Bangalore University v St John's Medical College, AIR 1980 Karnataka 42: Mere publication of the statute is not enough. The statute should mention the date from which it has to come into force
- Namit Sharma Vs Union of India
- Yeswant v Walchand, (1950) SCR 852 (868): The Supreme Court held that, "Rules of equity have no application where there are definite statutory provisions specifying the grounds on the basis alone the stoppage or suspension of running of time can arise. While the Courts are necessarily astute in checkmating fraud, it should be equally borne in mind that statutes of limitation are statutes of repose".
Related Topics
Collection by: Tafazul Maqbool Mir, Student BALLB
-VII Sem
Global College of Law
At NAAGLOK, Vill Kushaliya PO Dasna Hindan Nagar
District Ghaziabad UP
