Therefore, interpretation of a law is very important as what one writes can be converted into various meanings and various judgments. Therefore, it is argued, extrinsic evidence should not be allowed to vary the words used by the testator or their meaning. But this rule will not apply:Â, In Wiberforce on Statute Law, it is said that what is meant by ‘strict construction’ is that âActs, are not to be regarded as including anything which is not within their letter as well as their spirit, which is not clearly and intelligibly described in the very words of the statute, as well as manifestly intendedâ, while by âliberal constructionâ is meant that âeverything is to be done in advancement of the remedy that can be done consistently with any construction of the statuteâ. 01st Jan 2021, SC transfers petitions challenging validity of Tax Audit Limit of 60, GSTR-9 of FY 2019-20 is available now on GST Portal, Penalty for failure to furnish Income Tax Return. It may also be understood as the process by which the courts determine the meaning of a statutory provision for the purpose of applying it to the situation before them. Rule of Ejusdem Generis 1. But there is a subtle distinction as pointed out in the case of State of Bombay v. Hospital Mazdoor Sabha. There can be no legislature or judge that can make a perfect law written in perfect English for ordinary people to understand and not get criticized. A provision of law cannot be so interpreted as to divorce it entirely from common sense, every word or expression used in an Act should receive a natural and fair meaning. , it was resolved by the Barons of the Exchequer âthat for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the Common Law) four things are to be discerned and considered:Â. HIMANSHU AGARWAL CS,LLB,LLM,PHD Scholar Himanshu_2108@yahoo.in 09461210887 2. , applied the mischief rule in construction of Article 286 of the Constitution of India. words should be simple so that the language is plain and only one meaning can be derived out of the statute. “There is no possibility of mistaking midnight for noon; but at what precise moment twilight becomes darkness is hard to determine.” (Jane Straford Boyse v. John T. Rassborough, (1857) 6 HLC p. 45:10 ER 1192 (HL). Simple words commonly used in ordinary speech are preferred. The aids for interpretation may be … Join our newsletter to stay updated on Taxation and Corporate Law. “Statutory enactment must ordinarily be construed according to its plain meaning and no words shall be added, altered or modified unless it is plainly necessary to do so to prevent a provision from being unintelligible, absurd, unreasonable, unworkable or totally irreconcilable with the test of the statute.”Â [Bhavnagar University v. Palitana Sugar Mill (P.) Ltd., (2003) 2 SCC 111 : AIR 2003], In Next article we will discuss Guiding Rules of Interpretation, Your email address will not be published. , and to add force and life to the cure and remedy, according to the true intent of the makers of the Act, pro bono publico. The first and foremost step in the course of interpretation is to examine the language and the literal meaning of the statute. Follow us onÂ InstagramÂ and subscribe to ourÂ YouTubeÂ channel for more amazing legal content. A judge should ask himself the question: If the makers of the Act had themselves come across this luck in the texture of it, how would they have straight ended it out? Internal Aid to Interpretation. Meaning of Interpretation or Construction. The Primary Rule: Literal Interpretation 2. You can click on this link and join: https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA. Where different circumstances are being dealt with. The doctrine of purposive reconstruction may be taken recourse to for the purpose of giving it full effect to the statutory provisions. The Supreme Court observed that both these provisions should be harmoniously interpreted and held that a Government Servant was entitled to nominate or second a candidate seeking election in State Legislative assembly. It should be taken into note that the rule can be applied only when the meanings of the words are clear i.e. ). This also means that once the conclusion has been arrived at, that the words/ sentence can bear only one meaning, the effect to that meaning is to be given. To avoid ambiguity, legislatures often include âdefinitionsâ sections within a statute, which explicitly define the most important terms used in that statute. All Rights Reserved. of a class) any general words that follow should be construed as referring generally to that class; no wider construction should be afforded. Amending, Consolidating and Codifying Statutes. Words and phrases are symbols that stimulate references to referents. servant the right to vote as well as to nominate or second a candidate and forbidding him to assist the candidate in any other manner. Similarly, the âexclusionâ is often the result of inadvertence or accident because it never struck the draftsman that the thing supposed to be excluded requires specific mention. Beneficial Construction. The real distinction lies in the balance to be struck in the particularÂ case between literal meaning of the words on the one hand and the context and purpose of the measure in which they appear on the other. Considering the facts, all laws cannot be free from ambiguity when applied to them. Therefore, when general words are juxtaposed with specific words, general words cannot be read in isolation. When it is impossible to completely reconcile the differences in contradictory provisions, the courts must interpret them in such as way so that effect is given to both the provisions as much as possible. Each section must be construed as a whole, whether or not one of the parts is a saving clause or a proviso. 6. When there is imposition of penalty or forfeiture.Â, Lord Denning commented on the need of interpretation in Seasford Court Estates Ltd. v. Asher. The former is the art of finding out the true sense of any form of words, which also means the sense that the author intends to convey. Where the words are used in a different context. Primary Rules 1. They may be interdependent, each portion throwing light, if need be on the rest. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in … Various sources used are only limited to explore the written text and clarify what exactl… A particular clause or expression is construed by construing the whole instrument and any dominant purposes that it may express. Where it would cause injustice or absurdity. A judge must not alter the material of which it is woven, but he can and should iron out the creases. In construing Statutes the cardinal rule is to construe its provisions literally and grammatically giving the words their ordinary and natural meaning. General principles of interpretation. He said that it is not within an ordinary manâs power to realise what new facts will arise from a case at hand. There are certain advantages and disadvantages of the rule. Yet a moment’s reflection reveals the difficul… Accepting assignment as IRP after 31.12.2019 without valid AFA- Reg. Each word, must however, be allowed to play its role, however significant or insignificant it may be. To harmonize is not to destroy any statutory provision or to render it loose. The first and primary rule of construction is that the intention of the Legislature must be found in the words used by the Legislature itself. Judicial interpretation of a statute is authoritative in the matter before the court, and may … What was the Common Law before the making of the Act? There are certain advantages and disadvantages of the rule. Moreover, the very fact that thought and the expression of thought are in Intention of the Legislature. in achieving the legislative intent. The failure to make the âexpressionâ complete may arise from accident. It is to be understood according to the intent of its maker, with the guidance furnished by the accepted principles of interpretation. If the words of the Statute are plain and its meaning is clear then there is no scope for applying the rule. PRINCIPLES RELATING TO THE INTERPRETATION OF STATUTES AND CONSTITUTIONS Overview In this unit we will introduce some of the principles relating to statutes. Where the words used in a statute have undergone alteration in meaning in course of time, the words will be construed to bear the same meaning as they had when the statute was passed on the principle expressed in the maxim. Moreover, it is been regularly held by Hon’ble Supreme Court of India that one of the basic principles of interpretation of Statutes is to construe the words according to their plain, literal and grammatical meaning. Next, they discovered the principles of mental activity, the laws of thought, and immediately books on mental philoso-phy appeared. Jurisdictive ploy to combat dilatory tactics, The Patents Act, 1970 : Case analysis – Novartis Ag v. Union of India, Introduction to domestic violence on childrenÂ. Ltd. S. Sarup Singh, AIR 1966 SC 346. Ejusdem Generis (pronounced as âeh-youse-dem generousâ) is a Latin term which means âof the same kind.â The term âEjusdem Generisâ in other words means words of a similar class. Apart from the general principles of interpretation of statutes, there are certain internal aids and external aids which are tools for interpreting the statutes. 9. The words of the statute are to be interpreted so as to ascertain the mind of legislature from natural and grammatical meaning of the words which it has used.Â. In simple words, old statutes should be interpreted as they would have been at the date when they were passed and prior usage and interpretation by those who have an interest or duty in enforcing the Act, and the legal profession of the time, are presumptive evidence of their meaning when the meaning is doubtful.Â. An application could be moved within 30 days of receipt of order of regional transport authority according to section 64 A of the Motor vehicles Act, 1939. of a class) any general words that follow should be construed as referring generally to that class; no wider construction should be afforded. For such unlocking, keys are to be found out. They also point out that ordinary people and lawyers do not have extensive access to secondary sources. Jurisdiction can be conferred and taken away only by law: 2. The Mischief Rule: Heydon’s Rule 3. 1. Statutory aids may be illustrated by the General Clauses Act, 1897 and by specific definitions contained in individuals Acts whereas non-statutory aids is illustrated by common law rules of interpretation (including certain presumptions relating to interpretation) and also by case-laws relating to the interpretation of statutes. The maxim is given to gauge the intent of the legislature. The words in an enactment have their own natural effect and the construction of an act depends on its wording. Generations of students have learned the mantra that the golden rule of interpretation is to determine and give effect to “the intention of the legislature”, and that this is to be derived from the ordinary grammatical meaning of the language of the legislation unless this would lead to absurdity that could not have been intended. This note basically talks about the importance of interpretation of statute, its growth and significance. Singh ₹1,350.00 These are designed to approach immortality as nearly as human institutions can approach itâ. The law is a pragmatic instrument of social order and an interpretative effort must be imbued with the statutory purpose. A principle to be valued must be capable of wider application than the mischief which gave it existence. These are the general approaches to interpretation of statutes. The Supreme Court inÂ Bengal Immunity Co. v. State of Bihar, applied the mischief rule in construction of Article 286 of the Constitution of India. In fact, words are imprecise, leading justices to impose their own prejudices to determine the meaning of a statute. Every clause needs to be construed with reference to the context and other clauses of the Act, to make a consistent enactment of the whole statute or series of statutes relating to the subject-matter. 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. He must then do as they would have done. Exclusion must be explicitly expressed or clearly implied: 3. Legal Fiction. These keys may be termed as aids for interpretation and principles of interpretation. Statutory jurisdiction is to be exercised subject to specified limitations: 5. 2. Many do not distinguish between this rule and the ejusdem generis doctrine. The language of our legislation cannot be reduced to baby talk for consumption of the masses, and the attainment of precision, and accuracy. The Supreme Court held that literal interpretation must be made and hence rejected the application as invalid. At the same time, general words in a statute must receive a general construction, unless there is in the statute some ground for limiting and restraining their meaning by reasonable construction; because many things are put into a statute ex abundanti cautela, and it is not to be assumed that anything not specifically included is for that reason alone excluded from the protection of the statute. Principles of Statutory Interpretation 12th Edition - Buy Principles of Statutory Interpretation 12th Edition by GP Singh only for Rs. The âNoscitur a Sociisâ i.e. With these glasses we must look at the Act as a whole and discover what each section, each clauses each phrase and each word is meant and designed to say as to fit into the scheme of the entire Act. TheÂ elementary ruleÂ states that the intention of the Legislature must be found by reading the statute as a whole. Words in any language are not scientific symbols having any precise or definite meaning, and language is but an imperfect medium to convey one’s thought, to an audience consisting of persons of various shades of opinion. Free Shipping. It means the art of finding out the true sense of an enactment by giving the words of the enactment, their natural and ordinary meaning. This starts with the premise that the words are plain and that the conclusion can be arrived at after construing the words. Principles of Interpretation of Statutes 205 process of ascertaining the meaning at an Act of Parliament or of a provision of an Act.'' A right construction of the Act can only be attained if its whole scope and object together with an analysis of its wording and the circumstances in which it is enacted are taken into consideration. There are two types of Rules of Interpretation with sub-categories: In construing Statutes, the cardinal rule is to construe its provisions literally and grammatically giving the words their ordinary and natural meaning. Mischief Rule is applicable where language is capable of more than one meaning. The Supreme Court doctrine in the interpretation and construction of statutes (2) On June 14, 2012 12:05 am In Law & Human Rights by vanguard Kindly Share This Story: Laws using the Rules of interpretation in Seasford Court Estates Ltd. v. Asher towards use of plain language has with... Opening of every law is the study of the legislature interpreting or construing a statute testator is not! Of India means âof the same express mention of one thing implies the exclusion of.. 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