DECODING MEANING; THE CRUCIAL NEED FOR INTERPRETATION OF STATUES

NATIONAL UNIVERSITY OF STUDY & RESEARCH IN LAW

RANCHI

SUBMITTED BY: SUBMITTED TO:

ADITYA DWIVEDI DR. RAVINDRA K. PATHAK

ROLL NO. 1214 ASSISTANT PROFESSOR

SECTION: A INTERPRETATION OF STATUTE

SEMESTER: VI NUSRL RANCHI

Introduction:
The legal system has a major impact on jurisprudence because it governs and regulates
the behaviour of individuals and entities in society. The foundation of legal principles
determines the path of conduct, accountability, and rights of all parties concerned. These
concepts are fundamental to justice, fairness, and the rule of law. This crucial importance
emphasises how important it is to have a thorough grasp and study of the legal system.

This study aims to clarify the various aspects of legal interpretations by taking people on
an exploration tour through the complex web of legal nuances. One essential component
of legal practice and academia is interpreting legal writings, especially statutes. Ensuring
that the law is a dynamic tool of justice that can change to meet the needs and values of
society rather than a static one is a fundamental imperative.

In addition, this paper aims to clarify how legislative intent, court precedent, and the
larger legal framework influence the process of interpretation. Our objective is to make a
significant contribution to the jurisprudential discourse and offer a useful tool for legal
practitioners, scholars, and policymakers who are attempting to navigate the complex
legal system by identifying these nuances.

Background & Context:

It is undeniable that a thorough grasp of statutory interpretation is essential in the context
of legal academics and practice. The complex web of laws and legislative texts serves as
the foundation for legal decisions, rights, and responsibilities. The goal of this research
study is to present a comprehensive overview and contextual framework for the general
significance of exploring the field of statutory interpretation.

The fact that cultural norms and values are dynamic and require a flexible legal system
emphasises the need for this investigation. Legal professionals and academics must take on
the difficult task of interpreting the meaning and intent of statutes in this dynamic
environment. Statute interpretation is a procedure that is not just technically sound but
also deeply it is a process imbued with profound consequences for individuals,
businesses, and governments alike.
Furthermore, statutory interpretation is a crucial and continuous process due to the
changing legal environment, which is characterised by legislative revisions, court
precedents, and shifting social paradigms. 1In order to provide a basis for the application
of the law in a way that assures justice, fairness, and the preservation of rights, this
research seeks to address the complex aspects of statutory interpretation, including the
function of judicial precedent, legislative intent, and the larger legal context. By doing
this, it hopes to make a substantial contribution to the conversation about jurisprudence
and give legal practitioners a thorough grasp of the systems that support the legal system.

Research Objective:
The objective of the present paper is as follows;

• To investigate the basic ideas and procedures that underpin the legal system's
interpretation of statutes.
• To Examine the importance of legislative purpose as a guiding principle for
interpreting statutes, taking into account the usage of legislative history and
related resources.
• To identify, evaluate, and investigate the methods and strategies employed by
academics and legal professionals to successfully address the difficulties posed by
legislative interpretation.

Research Questions:
• What effect does legislative intent have on how statutes are interpreted within the
legal system?
• What influence does court precedent have on how statutory law is interpreted
and applied?
• What effects do contextual elements have on how statutes are interpreted as
society norms and values change?

Hypothesis:
This hypothesis' main assertion is that legislation interpretation is greatly influenced
by legislative purpose, which can be ascertained from legislative history and related
materials. It

1
Prachi Bhardwaj, A Comprehensive Analysis on Judicial Legislation in India, SCC Blog (Mar. 4, 2022),
https://www.scconline.com/blog/post/2022/03/04/a-comprehensive-analysis-on-judicial-legislation-in-india/.
is further postulated that the interpretation and application of statutory law are
significantly influenced by judicial precedent, which is moulded by earlier court rulings and
legal reasoning.

Furthermore, it argues that contextual elements, such as changing social norms and
values, have a significant impact on interpretation. According to this hypothesis, judicial
rulings, the larger socio-legal context, and the original legislative intent all interact
dynamically to determine how to read statutes.

Meaning of Interpretation:
The Latin word "interpretari," which meaning "to explain, expound, understand, or
translate," is the source of the term. Therefore, interpretation is the method used by the
courts to ascertain or ascertain the meaning of laws or other legal provisions.2

The aim of the court is to apply the law meaningfully in each case it encounters, in
addition to simply reading it. Determining the actual significance of any Act or document
and the true intention of the legislature is another application for it.In the field of
jurisprudence, legal interpretation is the process of figuring out how to apply and interpret
legal materials, such as legislation, rules, contracts, and constitutional clauses. It is a vital
and intricate component of legal scholarship and practice that is necessary to guarantee
the fair and uniform implementation of the law.

Fundamentally, legal interpretation is to close the gap that exists between the practical
application of legal texts and their frequently formal and technical terminology. This
entails figuring out the meaning and purpose of these texts, clearing up any ambiguities,
and applying them to particular real-world situations3. It is a fundamental requirement
because legal provisions are broad and abstract and might not specifically cover every
scenario.

Definition by jurists:
Salmond states: "The process by which the court attempts to ascertain the meaning of the
legislature through the medium of authoritative forms in which it is expressed is known
as interpretation and construction."

2
Definition of INTERPRETATION, Merriam-Webster (Nov. 5, 2023), https://www.merriam-
webster.com/dictionary/interpretation.
3
28038. 001-060, (Dec. 21, 2004), https://assets.press.princeton.edu/chapters/s7991.pdf.
Blackstone states that “examining the legislature's aim through the language, the subject
matter, the effect and consequences, or the spirit and reason of the law is the most
equitable and logical way to interpret a statute.”
Need of the Interpretation:
Since interpretation is the foundation of the legal system and guarantees the fair and just
application of the law to the various circumstances and disputes that come before the
courts, it is essential in legal matters. There are various convincing reasons why legal
interpretation is important, which are as follows:

Clarifying Ambiguities: The language used in legislation, such as contracts and statutes,
is sometimes ambiguous, imprecise, or susceptible to different interpretations. In these
situations, interpretation is necessary to ensure that the text's meaning is understood
precisely and with clarity. Clarifying ambiguities in favour of justice and fairness is the
court's responsibility.

"If 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," the Supreme Court
declared in R.S. Nayak v. A.R. Antulay. 4"Where the words are clear and there is no
obscurity, and there is no ambiguity and the intention of the legislature is conveyed, there
is no scope for the court to take upon itself the task of amending or altering the statutory
provisions," the Supreme Court once again observed in Grasim Industries Ltd. v.
Collector of Customs, Bombay.5

Maintaining Legislative Intent: Legislatures pass laws with particular goals and objectives
in mind. By guarding against any misunderstanding or departure from the law's original
intent, legal interpretation makes sure that these legislative intents are maintained. It is
the responsibility of the court to uphold the legislative intent.

The idea that a statute constituting an offence or imposing a penalty is to be rigidly

construed was declared to be inapplicable in Lalita Jalan v. Bombay Gas Co. 6and need
not be followed in every instance. Its current use is restricted to helping choose between two
or more constructs that are reasonably open.

4
AIR 1984 SC 684
5
(2002)4 SCC 297
6
2003 (6) SCC 107
Adapting to Changing Circumstances: Legal texts may not always keep up with the
norms and ideals of a changing society. Legal interpretation ensures that justice is carried
out in light of evolving circumstances by enabling the law to change and stay relevant in
modern contexts.

It has been held in Amery Pharmaceuticals v. State of Rajasthan 7that the fundamental
rights must be respected when interpreting penal laws. Any clause that undermines the
interests of the accused without allowing him to refute evidence that casts doubt on his
innocence is incompatible with the principles outlined in Article 21 of the Indian
Constitution.

Harmonising Legal Texts: Many laws, rules, and case laws make up the legal system. A
coherent and consistent body of law requires legal interpretation to harmonise and
reconcile possibly conflicting legal provisions.

Aids of the Interpretations:

External and internal aids are crucial instruments and resources in the subject of legal
interpretation that are used to comprehend and interpret legal writings, including statutes,
contracts, and other legal documents. These tools support attorneys, judges, and legal
scholars in their endeavours to guarantee the just and proper application of the law.

Internal and external aids are the two categories of interpreting aids. The subsequent items
are regarded as internal tools for interpretation:

Long Title: It is now established that an Act's long title is a component of the Act and
may be used to assist in its construction. 8Even though it is a part of the Act, the title does
not itself constitute an enacting provision. Despite being helpful in situations where the
enacting provision is unclear, it cannot regulate its clear meaning.

Preamble: The preamble of a statute is a part of the Act itself and, like its long title, it is
an admissible construction aid. The preamble aims to give a more comprehensive
explanation of the Act's scope, objective, and purpose than the lengthy title, even though
it is not an enacting component.

7
2001(2) SCR449
8
R. v. Secretary of State for Foreign and Commonwealth Affairs, (1994) 1 All ER 457
10
The majority decisions in Keshavananda Bharti 9and Minerva Mills referenced the
Preamble of the Constitution to conclude that the amendment authority conferred by Art.
368 was limited and did not permit parliament to alter the essential framework of the
document.

Marginal Notes: Throughout the Bill's journey through the legislature, it is impossible
to overlook the inclusion of headers and side notes on the front of the document. They
are there to offer advice. They offer a framework for analysing the sections of the bill that
are subject to discussion.11

Interpretation Clause: It is typical for statutes to include "definitions" for terms and phrases
that are used throughout the body of the law. When determining the meaning of unclear
phrases, these definitions are typically rather helpful.

Proviso: When a section contains a proviso, it is logical to assume that the section's
enacting portion would have covered the proviso's subject matter.

Explanation: An explanation is sometimes included at the end of a section to clarify the

meaning of words used within.

Schedule: The appendices to legislation comprise the statute itself. They are tacked on at
the end, and their purpose is to keep the statute's parts from becoming overly detailed. 12

Parliamentary history, historical facts and surrounding circumstances, later scientific

inventions, reference to other statutes (pari materia), and use of foreign decisions are
examples of external aids for interpreting legislation.

The Supreme Court cited Dr Ambedkar's comments in the Constituent Assembly to

interpret Article 16(4) of the Constitution in Indira Sawhney v. Union of India13, stating
that the phrase "backward class of citizens" is not defined. The court decided that while it
is acceptable to consult parliamentary debate to understand the history, purpose, and
context of legislative actions, such references should not be interpreted as definitive or
legally obligatory. Parliamentary history was thus used by the Supreme Court as a tool
for interpretation in the Mandal Reservation Case.

9
Keshavananda Bharti v. State of Kerala, AIR 1973 SC1461
10
Minerva Mills v. UOI, AIR 1980 SC 1789
11
R. v. Montila, (2005) 1 All ER 113
12
Bengal Immunity CO. Ltd. V. State of Bihar, AIR 1955 SC 661
13
AIR 1993 SC 477.
In pre-independence India, it was customary to refer to English Court rulings while
attempting to administer justice. This was justified by the fact that the English Common
Law System is where the Modern Indian Legal System originated. However, the Indian
Supreme Court granted greater access to American precedents following the adoption of
the Fundamental Rights and the enactment of the Indian Constitution.
Challenges faced during the Interpretation of Statues:
There are several complex issues when interpreting statutes within the legal system. The
complexities of legal terminology and the ever-changing nature of society standards are
the root causes of these difficulties. Ambiguity, where legislative text frequently
incorporates terms or phrases that can be read in many ways due to semantic uncertainty,
unclear language, or contradicting rules, is one of the most notable issues. To guarantee a
uniform and clear implementation of the law, courts and legal academics must labour to
sort through these difficulties.14 Furthermore, because the legislature may not have
addressed every possible case or issue, legislative silence in statutes allows leeway for
interpretation. This means that the law's inconsistencies and omissions must be carefully
considered. Another difficulty stemming from language's dynamic character is that words
and phrases may have had different meanings when a statute was passed than they do
now. Interpreters must therefore consider historical linguistic changes.

Legal systems with conflicting rules can present interpreters with difficult decisions
about which interpretation to use and in what order. Legal presumptions, such as those
supporting liberty or opposing retroactivity, further complicate matters by requiring
interpreters to weigh their arguments against the literal interpretation of the text.
Interpreters must have a thorough understanding of these specialised topics to interpret
specialised language found in statutes dealing to areas such as intellectual property or tax
law. It can be difficult to reconcile textual

14
Live Law, Textual Interpretation Of Statute Should Match With Contextual Interpretation: Supreme Court, (Jan.
20, 2022), https://www.livelaw.in/know-the-law/supreme-court-textual-contextual-interpretation-of- statutes-
match-189923.
disparities in statutes written in different languages in areas where there are many official
languages to guarantee uniform implementation of the law.15

When it is difficult to determine the main legislative intended, interpreters may have to
weigh numerous possible intentions and interpret the statute in a way that results in the
most-fair and just outcome. The endeavour is made more difficult by taking public policy
into account and analysing the practical, moral, and constitutional consequences of
multiple interpretations.

Conclusion:
The paper emphasises how crucial this procedure is to guarantee the fair and just
application of the law, acting as a pillar of the rule of law. The legal system's core
concepts must be thoroughly understood due to its tremendous impact on jurisprudence,
which governs the conduct of individuals and corporations. This essay highlights how
important legal principles are in defining behaviour, responsibility, and the rights of
those involved, reiterating how important it is to have a thorough understanding of the
legal system. The principal objective of this study is to clarify the various aspects of legal
interpretation, with a focus on statute interpretation. It emphasises how crucial it is that
statutes continue to be flexible tools of justice that may be adjusted to the changing
demands and ideals of society, as opposed to static and unyielding constructs. This
fundamental imperative of effective legal interpretation is firmly established.

The research paper defines "interpretation" as the process by which courts determine the
meaning of laws and legal provisions to apply the law prudently within the context of
statutory interpretation. This reading goes beyond simple reading; it seeks to determine the
true meaning of legal writings and the true intentions of the legislature. The study
concludes by acknowledging the need for legal interpretation to be flexible within the
system, clarifying unclear legal language, upholding the intent of the legislature, adjusting to
changing conditions, and harmonising legal texts. It recognises the critical role that
interpretation plays in supporting justice and equity, as well as the rule of law.

15
(Aug. 21, 2023), https://gyansanchay.csjmu.ac.in/wp-content/uploads/2021/11/Rule-of-Strict-
Interpretation-Penal-and-Taxing-Statutes.pdf.
IOS
by Av B

Submission date: 13-Nov-2023 08:23AM (UTC-0500)

Submission ID: 2226663501
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