Meaning of Interpretation of Statutes
The term has
been derived from the Latin word Interpretation” which means to explain, expound,
understand, or to translate and to discovering the true meaning of the language
which has been vested in the statue this process is commonly adopted in courts
for determining the exact meaning of legislature. As per theory of powers there
are 3 organs i.e. legislative, executive, judiciary. Interpretation of statutes
is concerned with judiciary.[1]
Needs of Interpretation
- Complexity of statue
- Anticipation of future event
- Multifaceted nature of language
Interpretation and construction
While interpretation
means refers to true sense of provision of a statue and to understand the exact
meaning used in a statue. And it determines the linguistic language and it
gives simple meaning. Construction means refers to draw conclusion from a written
text which is beyond the legal text. It determines the legal effect with
literal meaning.
Classification Of statutes
A statue may generally be classified with reference to its duration, method, object and extent of application.
- Codifying statue: A codifying statue is one which is in written form codifies the law which purports to state upon specific object.
- Consolidating statue: A consolidating statue is a statue which consolidates the law on a subject and give shape of the statue with minor amendments in India CRPC 1974 is a consolidating statue.
- Remedial statue: Remedy statue is a statue to provide the remedies and the main object of passing such a statue is to make improvement in enforcing of one right or for redress of wrong and remove defects.
- Disabling statue: A disabling statue is one which restricts a right by the law.
- Amending statue: An amending statue is one which makes an addition to change the old law.
- Enabling statue: Enabling statue is a statue one which enlarges the common law and it deals with particular field of law to describe full fledges of description. For example: land acquisition act enable the government to gain the public property.
- Declaratory statue: Is a statue which removes doubt either in common law or statutory law and to rectify an interpretation which the legislation thing is wrong.
- Penal statue: Is a statue which deals with certain offences punished to paralyzed for example; Indian penal code, civil procedure code, armed force act, etc.
- Taxation statue: Is a statue which imposed tax on income and which is regulated by taxation or revenue purpose which includes VAT, custom act, etc.
- Repealing statue: Is a statue which completely removes remove from the act and make new act for example: ICA, 1872 repealed sales of good act and becomes new act.[2]
Rules Of Interpretation
There are 3 types of rule in
interpretation of statutes which are discuss as follows :
1.) Literal Rule : The literal rule means that the word of
an enactment are to be given the ordinary and natural meaning If such meaning
is cleared and there is no ambiguity if act should be given a provision of
statue whatever consequences.
Object of Literal rule; The object of literal rule is
to know the true intension of legislature which has been express by it through
words which are to be interpretation according to rule of grammatical interpretation when the meaning
of statue of plain the duty of the court without looking towards the
consequences of such interpretation.[3]
Maqbool Husain vs. state of Bombay[4]: In
this case basically appellant of who is the citizen of India and he was going
on an airport and after searching he was charged under section 8 of FERA, 1947
and he was also confiscated under section 167(8) sea custom act when he as go
to the court he appealed that he was violation of article 20(2) of constitution
of India which talks about double jeopardy. It was held that sea custom
authority is not a court and this trial under the act was valid.
2.) Golden Rule:
There is a assumption that the parliament does not intending certain objects
and any construction leading to any of such object deserve to be rejected .if
the court when faced with more than 1 possible interpretation of an enactment
is entitled to take consideration the result of each interpretation in a bit to
arrive at true intention of legislature. On the face of it, all problem and is
therefore known as golden rule. Further since the literal meaning is modified
to some extent this approach is called the modifying interpretation of statute.[5]
Lee vs. Knapp[6] : In this case it was held that the word ‘ stop’
should be interpreted under section 77(1) of road traffic act basically a
driver was driving a car and accident shall happen so it means a driver stopped
for a movement after causing an accident
and then moved away. The court held that the driver has not followed the
rule for an appropriate period.
3) Mischief Rule: Main aim of rule is to
determine the mischief and defect and provide remedy. The mischief rule of
interpretation originated in Hayden case in 1584.
Ranjit udeshi vs. state of Maharashtra[7] In
this case it was held that appellant was charged under section 292 of IPC for
selling an indecent content lady Chatterley lover. Then he argued in court that
there are a very huge number of books in a book shop and the shopkeeper is no
expected to go through each and every book. In this case Supreme Court held
that there was no ambiguity arises in the grammar of an enactment.
Aids To Interpretation[8]
There are two types of aids to interpretation i.e. Internal aids and external
aids which discuss in detail are as follows ;
Internal Aids
While performing the functioning of
interpretation provision of statue, the court can take help from within the statue.
These are called an internal aid which includes Title, preamble, heading,
marginal notes etc.
- Short title – Short title means which ends with a year .For example RTI act,2005
- Long Title- whose purpose is to give general description .for example amendment, repealed etc. and it tells about the object.
- Preamble- Preamble contains the main intent of the act and preamble is the solution to open the mind of legislature. It has been notice that if the language of the enactment is straightforward and equivocation the preamble has no part to play in interpretation.
- Heading- Means prefixed to section or a group of section which gives plain meaning of statue.
- Proviso- means assumption which is attached to particular section.
- Exception- every section has its own exception which is attached to prevent from some other section.
External Aid
May be parliamentary, real background,
details of a committee or commission official statement.
- Dictionary – They are look for knowing ordinary and natural meaning of word.
- Textbook – Textbook may be referred by the court to arrive at a true meaning of an enactment.
- Historical Background – For getting true meaning of an enactment court can look over the history of law and legislature for getting the historical fact.
Conclusion
The
court interpreted the law to know the intent of the legislature that the word
of an enactment are to be given the ordinary and natural meaning If such
meaning is cleared and there is no vagueness if act should be given a provision
of statue whatever may be the consequences. Which against ouster of established
jurisdiction, and against violation of international law which affect the
state. As per theory of powers there are 3 organs i.e. legislative, executive,
judiciary. Interpretation of statutes is concerned with judiciary. There are
some rules which have to provide the true intention of legislature and to
overcome the burden of courts. Of course the legislature can amend or repeal,
but only after going through the legislating process. Judges are doubtful creative
in their approach. According to Blackstone, the most equitable method for interrelating
a statue is by exploring an intention of the legislature through the most
natural a probable signs which are the words, the context and the effects of
consequences and the reason of the law.
[1] Prof. T. Bhattacharyya,
The Interpretation Of Statutes,(10th ed.2017)
[2] Prof.
T. Bhattacharyya, The Interpretation Of Statutes pg.5-10 (10th ed.2017)
[3] Indulekha, Literal rule ( July 14, 2020, 1:00 PM), www.legalserviceindia.com/legal/article-1730-the-literal-rule-of-interpretation-of-statute
[4] Maqbool Husain vs. state of Bombay, AIR 1953 SC 325(India).
About Author(s)
Harshil Munjal is pursuing 2nd Year, BBA. LL.B(Hons) from Faculty of Law, JECRC University
2 Comments
Good goin' Harshil
ReplyDeleteVery informative
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