Notes of chapter 1; of Interpretation of Statutes. (cursory notes from exam perspective)
a. Meaning Of interpretation of a statute.
Interpretation is a process by which the courts seek to ascertain the meaning of the legislature through the medium of the authoritative forms in which it is expressed.
However, Salmond defines that “the essence of law lies in the spirit not in letter, for the letter is significant only as being the external manifestation of the intention that underlines it”.
Interpretation is the process of asserting the true meaning of words used in statute.
General classification of interpretation: -
Legal: authentic and usual
Doctrinal: grammatical and logical
The objective of interpretation of statutes is to determine the intention of the legislature in the language used. Interpretation is as old as language but the process of statute making and the process of interpretation of the statute are two distinct activities.
When the language of statute is clear, there is no need for the rules of interpretation. But in the case of having more than one meaning of a word it is evident to interpret the statute to find out the real intention of the words used in the statute.
Since, Heydon’s case in 1854 has incorporated that interpretation of statute has been an essential part of English Law.
Similarly, the rules given by ‘Jamini’ the author of Mimamsa sutras which is originally meant for Shrutis were actually for the interpretation of smritis.
The interpretation of statute is required basically for two basic reasons: -
- To ascertain legislative language.
- To ascertain legislative intention.
The purpose of interpretation of statutes are
- To help the judges ascertain the intention of the Legislature.
Not letting to control the intention behind such words used in statute and to confine it within the limits.
b. Objective of interpretation of statues.
Interpretation is a process of application of mind and the art of finding the true essence of words expressed in a statute. It is the act of explaining, reframing and showing your own understanding of something.
Objective of interpretation of statutes are as follows: -
- To ensure the principle of uniformity of expression in regard to words used in statutes.
- To determine the intention of the Legislature.
- To avoid any ambiguity of the words used in statute.
- To resolve the vagueness of words used.
- To interpret and apply the legislation in regard to the facts of the case in a court.
- To implement the laws in an effective manner.
- To help parliament to make the law.
- To access justice and make it easy to understand the laws for come on people.
- To understand the language of the statute in its correct and true essence.
c. Forms of interpretation of statutes
I. Literal or grammatical interpretation.
II. Logical functional or free interpretation.
I. Literal or grammatical interpretation: -
The words used in the statute are constructed according to the popular and dictionary meaning of the term.
In this it does not look beyond the written words of statute, therefore it is called as plain meaning doctrine as well. It enables the court to confine themselves to the natural meaning of the given words in a statute.
II. Logical functional or free interpretation: -
It is the interpretation in which the court may go behind the language of a statute to ascertain the true meaning and intention of the lease nature regarding the words used in a statute. It believes that the essence of law lies in the spirit not in the letter.
The words which are written in statute may be inconsistent and may suffer ambiguity, so it is evident to look at the essence and spirit of the language of the words used.
Prepared and Edited by Manish Rajak and Madhu Dahal
