INTERPRETATION OF STATUTES true sense of any form of words; i.e.

the sense that

BY- their author intended to convey. Construction on
GEBA LOMI the other hand, is the drawing of conclusions,
V-SEM, LLB respecting the subjects that lie beyond the direct
UNIT-I & II expression of the text.[4] This distinction has been
Meaning of statute widely criticized.
A statute is a formal written enactment of a Interpretation of statute is the process of
legislative authority that governs the legal entities ascertaining the true meaning of the words used in
of a city, state, or country by way of consent.[1] a statute. When the language of the statute is clear,
Typically, statutes command or prohibit something, there is no need for the rules of interpretation. But,
or declare policy.[1] Statutes are rules made by in certain cases, more than one meaning may be
legislative bodies; they are distinguished from case derived from the same word or sentence. It is,
law or precedent, which is decided by courts, and therefore, necessary to interpret the statute to find
regulations issued by government agencies. out the real intention of the statute.
The purposes of statutory law include: Interpretation of Statutes is required for two
 to provide for new situations or basic reasons:-
technologies - for example Civil Aviation 1. Legislative Language – Legislative language
law may be complicated for a layman, and hence
 to provide for newly identified problems - may require interpretation; and
for example competition law 2. Legislative Intent – The intention of the
 to change common or traditional law in line legislature or Legislative intent assimilates two
with changed opinion - for example aspects: a. the concept of ‘meaning’, i.e., what
abolition of the death penalty the word means; and b. the concept of ‘purpose’
 to provide for security in times of crisis or and ‘object’ or the ‘reason’ or ‘spirit’ pervading
emergency. through the statute.
 to cover deficiencies in the other forms of Some Important points to be taken care of in the
law. context of interpreting Statutes:
Statutory interpretation  Intention of the legislature.
It means the art of finding out the true sense of an  Statute must be read as a whole in its
enactment by giving the words of the enactment, Context.
their natural and ordinary meaning. The object of  Statute should be Construed so as to make it
interpretation of statutes is to determine the Effective and Workable – if statutory
intention of the legislature conveyed expressly or provision is ambiguous and capable of
impliedly in the language used. various constructions, then that
As stated by SALMOND, “by interpretation or construction must be adopted which will
construction is meant, the process by which the give meaning and effect to the other
courts seek to ascertain the meaning of the provisions of the enactment rather than
legislature through the medium of authoritative that which will give none.
forms in which it is expressed.”  If meaning is plain, effect must be given to it
Statutory interpretation is the process by which irrespective of consequences.
courts interpret and apply legislation. Some amount  The process of construction combines both
of interpretation is often necessary when a case the literal and purposive approaches. The
involves a statute. Sometimes the words of a statute purposive construction rule highlights that
have a plain and straightforward meaning. But in you should shift from literal construction
many cases, there is some ambiguity or vagueness when it leads to absurdity.
in the words of the statute that must be resolved by Nature and Scope
the judge. To find the meanings of statutes, judges Necessity of interpretation would arise only where
use various tools and methods of statutory the language of a statutory provision is ambiguous,
interpretation, including traditional canons of not clear or where two views are possible or where
statutory interpretation, legislative history, and the provision gives a different meaning defeating
purpose. In common law jurisdictions, the judiciary the object of the statute.
may apply rules of statutory interpretation both to If the language is clear and unambiguous, no need
legislation enacted by the legislature and to of interpretation would arise. In this regard, a
delegated legislation such as administrative agency Constitution Bench of five Judges of the Supreme
regulations. Court in R.S. Nayak v A.R. Antulay,[5] has held:
It has been said that there is a distinction between
the two expressions. As explained by Cooley: “… If the words of the Statute are clear and
“Interpretation differs from construction in the unambiguous, it is the plainest duty of the Court to
sense that the former is the art of finding out the give effect to the natural meaning of the words used
in the provision. The question of construction under s 123(7) of the Representation of People’s
arises only in the event of an ambiguity or the plain Act, 1951 on the grounds that the appellant had
meaning of the words used in the Statute would be employed more persons than prescribed for
self-defeating.” electioneering purpose. The appellant contended
GENERAL RULES OF INTERPRETATION that the excess employees were paid by his father
Introduction and hence were not employed by him. The Supreme
The term interpretation means “To give meaning Court followed the grammatical interpretation of
to”. Governmental power has been divided into S 123(7) and termed the excess employees as
three wings namely the legislature, the executive volunteers.
and the judiciary. Interpretation of statues to In Maqbool Hussain v State of Bombay, the
render justice is the primary function of the appellant, a citizen of India, on arrival at an airport
judiciary. It is the duty of the Court to did not declare that he brought gold with him. Gold,
interpret the Act and give meaning to each word of found in his possession during search in violation of
the Statute. government notification, was confiscated under S
The most common rule of interpretation is 167 (8) Sea Customs Act, 1878. He was charged
that every part of the statute must be under s 8 of the Foreign Exchange Regulation Act,
understood in a harmonious manner by reading 1947. The appellant pleaded that his trial under the
and construing every part of it together. The maxim Act was violative of Art 20(2) of the constitution
“A Verbis legis non est recedendum” means that relating to double jeopardy as he was already
you must not vary the words of the statute while punished for his act by was of confiscation of the
interpreting it. gold. It was held by the Supreme Court that the sea
The object of interpretation of statutes is to customs authority is not a court or a judicial
determine the intention of the legislature conveyed tribunal and the confiscation is not a
expressly or impliedly in the language used. penalty. Consequently his trial was valid under the
In Santi swarup Sarkar v pradeep kumar sarkar, Act of 1947.
the Supreme Court held that if two interpretations In Madan mohan v K.Chandrashekara, it was held
are possible of the same statute, the one which that when a statute contains strict and stringent
validates the statute must be preferred. provisions, it must be literally and strictly
Kinds of Interpretation construed to promote the object of the act.
There are generally two kind of interpretation; In Bhavnagar University v Palitana Sugar Mills Pvt
literal interpretation and logical interpretation. Ltd, it was held that according to the fundamental
Literal interpretation principles of construction the statute should be
Giving words their ordinary and natural meaning read as a whole, then chapter by chapter, section by
is known as literal interpretation or litera legis. It is section and then word by word.
the duty of the court not to modify the language of In Municipal board v State transport authority,
the Act and if such meaning is clear and Rajasthan, an application against the change of
unambiguous, effect should be given to the location of a bus stand could be made within 30
provisions of a statute whatever may be the days of receipt of order of regional transport
consequence. The idea behind such a authority according to s 64 A of the Motor vehicles
principle is that the legislature, being the Act, 1939. The application was moved after 30 days
supreme law making body must know what it on the contention that statute must be read as “30
intends in the words of the statute. Literal days from the knowledge of the order"
interpretation has been called the safest rule The Supreme Court held that literal interpretation
because the legislature’s intention can be must be made and hence rejected the application as
deduced only from the language through which it invalid.
has expressed itself. In Raghunandan Saran v M/s Peary Lal workshop
The bare words of the Act must be construed to get Pvt Ltd, the supreme court validated 14 ( 2) of the
the meaning of the statute and one need not probe Delhi Rent Control Act 1958 and provided the
into the intention of the legislature. The benefit of eviction on account of non
elementary rule of construction is that the payment of rent. The Supreme Court adopted
language must be construed in its grammatical grammatical interpretation.
and literal sense and hence it is termed as litera Exceptions to the rule of literal interpretation
legis or litera script. Generally a statute must be interpreted in its
The Golden Rule is that the words of a statute must grammatical sense but under the following
prima facie be given their ordinary meaning. circumstances it is not possible:-Logical defects
This interpretation is supreme and is called the A) Ambiguity
golden rule of interpretation. B) Inconsistency
In Ramanjaya Singh v Baijnath Singh, the Election C) Incompleteness or lacunae
tribunal set aside the election of the appellant D) Unreasonableness
Logical interpretation Eg: if the husband asks the wife to buy bread, milk
If the words of a statute give rise to two or more and cake and if the wife buys jam along with them,
construction, then the construction which validates it is not invalidated merely because of not
the object of the Act must be given effect while specifying it but is valid because it is of the same
interpreting. kind.
It is better to validate a thing than to invalidate it or The basic rule is that if the legislature intended
it is better the Act prevails than perish. general words to be used in unrestricted sense,
The purpose of construction is to ascertain then it need not have used particular words at all.
the intention of the parliament. This rule is not of universal application.
The mischief rule In Devendra Surti v State of Gujarat, under s2 (4) of
The mischief rule of interpretation originated in the Bombay shops and Establishments Act, 1948
Haydon’s case. If there are two interpretations the term commercial establishment means “an
possible for the material words of a statute, then establishments which carries any trade,
for sure and true interpretation there are certain business or profession”. Here the word profession
considerations in the form of questions. is associated to business or trade and hence a
The following questions must b considered. private doctor’s clinic cannot be included in the
1. What was the common law before making the above definitions as under the rule of Ejusdem
Act? Generis.
2. What was the mischief and defect for which the In Grasim Industries Ltd v Collector of Customs,
common law did not provide a remedy? Bombay, the rule of Ejusdem Generis is applicable
3. What is the remedy resolved by the when particular words pertaining to a class,
parliament to cure the disease of the common category or genus are followed by general words.In
wealth? such a case the general words are construed as
4. The true reason of the remedy. limited to things of the same kind as those
The judge should always try to suppress the specified.
mischief and advance the remedy. The mischief rule Every clause of a statute must be construed with
says that the intent of the legislature behind the reference to other clauses of the Act.
enactment should be followed. INTERNAL AID OF INTERPRETATION
Rule of casus omissus INTRODUCTION
Generally, the court is bound to harmonize the Statute generally means the law or the Act of the
various provisions of an Act passed by the legislature authority. The general rule of the
legislature during interpretation so that interpretation is that statutes must prima facie be
repugnancy is avoided. Sometimes certain matters given this ordinary meaning. If the words
might have been omitted in a statute. In such are clear, free from ambiguity there is no need to
cases, they cannot be added by construction refer to other means of interpretation. But if the
as it amounts to making of laws or amending words are vague and ambiguous then internal aid
which is a function of legislature. A new may be sought for interpretation.
provision cannot be added in a statute giving INTERNAL AIDS
it meaning not otherwise found therein. A 1. Context
word omitted from the language of the statute, If the words of a statute are ambiguous then the
but within the general scope of the statute, and context must be taken into consideration. The
omitted due to inadvertence is known as Casus context includes other provisions of the statute, its
Omissus. preamble, the existing state of law and other legal
In Padma Sundara Rao v State of Tamil provisions. The intention behind the meaning of the
Nadu it was held that the cassus omissus words and the circumstances under which they
cannot be supplied by the court except in the case are framed must be considered.
of a clear necessity and when reason for it is found 2. Title
within the four corners of the statute itself. Title is not part of enactment. So it cannot be legally
Rule of ejusdem generis used to restrict the plain meaning of the words in
Ejusdem generis means “of the same kind”. an enactment.
Generally particular words are given their natural Long title
meaning provided the context does not require The heading of the statute is the long title and the
otherwise. If general words follow particular general purpose is described in it.
words pertaining to a class, category or genus E.g. Prevention of Food Adulteration Act, 1954, the
then it is construed that general words are limited long title reads as follows “An Act to make
to mean the person or thing of the same provisions for the prevention of adulteration of
general class, category or genus as those food”.
particularly exposed.
In Re Kerala Education bill, the Supreme Court held The legislature can lay down legal definitions of its
that the policy and purpose may be deduced from own language, if such definitions are embodied in
the long title and the preamble. the statute itself, it becomes binding on the courts.
In Manohar Lal v State of Punjab, Long title of the When the act itself provides a dictionary for the
Act is relied as a guide to decide the scope of the words used, the court must first look into that
Act. dictionary for interpretation.
Short Title In Mayor of Portsmouth v Smith, the court observed
The short title of the Act is purely for reference “The introduction of interpretation clause is a
only. The short title is merely for convenience. E.g. novelty.”
The Indian Penal Code, 1860. 8. Conjunctive and Disjunctive words
3.Preamble The word “and” is conjunctive and the word “or” is
The Act Starts with a preamble and is disjunctive. These words are often interchangeable.
generally small. The main objective and The word ‘and’ can be read as ‘or’ and ‘or’ can be
purpose of the Act are found in the read as ‘and’.
Preamble of the Statute. “Preamble is the Act 9. Gender
in a nutshell. It is a preparatory statement. It Words’ using the masculine gender is deemed to
contains the recitals showing the reason for include females too.
enactment of the Act. If the language of the 10. Punctuation
Act is clear the preamble must be ignored. Punctuation is disregarded in the construction of a
The preamble is an intrinsic aid in the statute. Generally there was no punctuation in
interpretation of an ambiguous act. the statutes framed in England before 1849.
In Kashi Prasad v State, the court held that even Punctuation cannot control, vary or modify
though the preamble cannot be used to defeat the the plain and simple meaning of the language of
enacting clauses of a statute, it can be treated as a the statute.
key for the interpretation of the statute. 11. Explanations
4. Headings IN certain provisions of an Act explanations
A group of Sections are given under a may be needed when doubts arise as to the
heading which act as their preamble. meaning of the particular section.
Sometimes a single section might have a preamble. Explanations are given at the end of each section
S.378-441 of IPC is “Offences against property”. and it is part and parcel of the enactment.
Headings are prefixed to sections. They are treated 12. Exceptions and savings clause.
as preambles. If there is ambiguity in the words of a To exempt certain clauses from the preview of the
statute, headings can be referred.In Durga Thathera main provisions, and exception clause is provided.
v Narain Thathera, the court held that the headings The things which are not exempted fall within the
are like a preamble which helps as a key to the purview of the main enactment.
mind of the legislature but do not control the The saving clause is also added in cases of repeal
substantive section of the enactment. and re-enactment of a statute.
5. Marginal notes 13. Schedules
Marginal notes are the notes that are printed at the Schedules form part of a statute. They are at the
side of the section in an Act and it summarizes the end and contain minute details for working out
effect of the section. They are not part of the the provisions of the express enactment. The
statute. So they must not be considered. But if expression in the schedule cannot override the
there is any ambiguity they may be referred provisions of the express enactment.
only as an internal aid to the construction. Inconsistency between schedule and the Act,
In Wilkes v Goodwin, the Court held that the side the Act prevails. ( Ramchand textiles v sales tax
notes are not part of the Act and hence marginal officer)
notes cannot be referred. 14. Illustrations
6. Proviso Illustrations in enactment provided by the
A proviso merely carves out something from legislature are valuable aids in the understanding
the section itself. A proviso is a subsidiary to the real scope.
the main section and has to be construed in the 15. Meaning of the words
light of the section itself. Ordinarily, a proviso is The definition of the words given must be
intended to be part of the section and not an construed in the popular sense. Internal aid to
addendum to the main provisions. A proviso should construction is important for interpretation.
receive strict construction. The court is not EXTERNAL AID TO INTERPRETATION
entitled to add words to a proviso with a view to Introduction
enlarge the scope. Other than the internal aid to interpretation which
7. Definition/ Interpretation clause are part of a statute itself there are other aids which
are not part of the statute. These are known as
external aid to interpretation. The court can The court may refer historical facts if it is
consider recourse outside the Act such as necessary to understand the subject matter.
historical settings, objects and reasons, bills, 11.Extemporaneous exposition
debates, text books, dictionaries etc. In interpreting old statutes, the construction by the
Recourse to external aid is justified only to well- judges who lived at the time of the enactment
recognized limits. could be referred as 9it is best to
External aids understand the intentions of the makers of the
1. Historical settings statute.
The surrounding circumstances and situations 12. Judicial interpretation of words
which led to the passing of the Act can be It is an accepted principle of law that if a
considered for the purpose of construing a statute. word has received clear judicial interpretation,
Objects and reason then the word is interpreted according to the
The statements and object cannot be used as an aid judicial meaning.
to construction. The statements of object and E.g. Rule in Ryland v Fletcher, absolute liability has
reason are not only admissible as an aid to become a fixed and standing rule.
construction of a statute. If definition is not given, popular meaning must be
Objects and reasons of a statute is to be looked into construed.
as an extrinsic aid to find out the legislative intent, 13. Analogy and legal fiction
only when the language is obscure or ambiguous. Analogy means governed by the same general
Text books and dictionaries. principle.
The use of dictionaries is limited to circumstances 14. Previous English law
where the judges and Counsels use different words. It is not legal and correct to apply decisions of
In such cases the court may make use of standard English acts to the construction of an Indian statute.
authors and well known authoritative dictionaries. Others external aids include interpretation by the
Text books may also be refereed to for assistance in executive, foreign decisions which include policy
finding out the true construction of a statute. of the legislature and government policy,
International Conventions purpose of the Act conventions and practices.
International conventions are generally not Spirit and reason of law.
resorted to for the purpose of interpretation, but it The purpose of a statute is the reason of enactment,
helps as an external aid for the purpose of but the spirit or reason of law is connected with the
resolving ambiguities in the language. legislative intent.
5. Government publications Acts in Pari material.
They are:- When a statute is ambiguous, the intention of the
A) Reports of commissioner or committee legislature may be gathered from statutes relating
B) Other documents. to same subject. The definitions cannot be generally
Only if the above documents are expressly referred imported.
to in the statute, they can be looked at for the Other external aids include interpretation of later
purpose of construction. Acts with the help of earlier Acts and words and
6. Bill expressions used in different Act.
Only when the language is ambiguous, bills can be (A) THE RULES OF STATUTORY
referred. INTERPRETATION
7. Select Committee Report 1. THE MISCHIEF RULE
To ascertain the legislative intent of a doubtful The mischief rule is contained in Heydon’s Case
meaning of a statute, report of legislative (1584) 3 Co Rep 7, where it was stated that for the
committee of the proposed law can be referred. true interpretation of all statutes four things are to
The report of the Select committee can be be considered:
looked into from an historical angle to find out 1st. What was the common law before the making
what was the previous law, before and at the time of the Act.
of enacting the statute. 2nd. What was the mischief and defect for which
8. Debate and proceedings of the legislature. the common law did not provide.
A speech made in the course of a debate on a bill 3rd. What remedy Parliament resolved and
could be referred to find out the intent of the appointed to cure the disease.
speaker. Speeches made in the parliament can also 4th. The true reason of the remedy; and then the
be referred. function of the judge is to make such construction
9. State of things at the time of passing of the bill as shall supress the mischief and advance the
10. History of legislation. remedy.
The history of legislation usually denotes the The mischief rule was the product of a time when
course of events which gibe rise to enactments. statutes were a minor source of law by comparison
with the common law, when drafting was by no
means as exact a process as it is today and before some absurdity, or some repugnance or
the supremacy of Parliament was established. The inconsistency with the rest of the instrument, in
mischief could often be discerned from the lengthy which case the grammatical and ordinary sense of
preamble normally included. the words may be modified, so as to avoid that
The mischief rule was regarded by the Law absurdity and inconsistency, but no farther.”
Commission, which reported on statutory This became known as “Lord Wensleydale’s golden
interpretation in 1969, as a “rather more rule”. It only applies where the words are
satisfactory approach” than the other two ambiguous. An interpretation that is not absurd is
established rules. to be preferred to one that is. An example is:
2. THE LITERAL RULE R v Allen (1872) LR 1 CCR 367.
The eighteenth and nineteenth centuries saw a The Law Commission (1969) noted that:
trend towards a more literal approach. Courts took * The rule provided no clear means to test the
an increasingly strict view of the words of a statute: existence of the characteristics of absurdity,
if the case before them was not precisely covered inconsistency or inconvenience, or to measure their
they were not prepared to countenance any quality or extent.
alteration of the statutory language. One of the * As it seemed that “absurdity” was in practice
leading statements of the literal rule was made by judged by reference to whether a particular
Tindal CJ in the Sussex Peerage Case (1844) 11 interpretation was irreconcilable with the general
Cl&Fin 85: policy of the legislature “the golden rule turns out
“… the only rule for the construction of Acts of to be a less explicit form of the mischief rule”.
Parliament is, that they should be construed Difference between Interpretation and
according to the intent of the Parliament which Construction
passed the Act. If the words of the statute are in The statute is defined as the will or order of
themselves precise and unambiguous, then no more legislature, which is expressed in the form of text.
can be necessary than to expound those words in The traditional way to interpret or construe a
their natural and ordinary sense. The words statute is to understand the intention of the
themselves alone do, in such case, best declare the legislature. The intention of the legislature could
intention of the lawgiver.” incorporate the actual meaning and the object. The
An example of the literal rule is: process of interpretation and construction assist
Whiteley v Chappell (1868) LR 4 QB 147. the judiciary body in determining the meaning and
What did Lord Esher MR state in R v Judge of the purpose of the legislature. Interpretation helps in
City of London Court [1892] 1 QB 273? determining the real meaning and intention of the
The literal rule was favoured by the Law legislature.
Commission on a variety of grounds: On the other hand, construction is used to ascertain
* It encouraged precision in drafting. the legal effect of the legal text. The two terms are
* Should any alternative approach be adopted, an used interchangeably, but there exists a fine line of
alteration of the statutory language could be seen difference between interpretation and construction
as a usurpation by non-elected judges of the in their connotations. So, check out this article in
legislative function of Parliament, and other statute which we’ve simplified it for you.
users would have the difficult task of predicting Definition of Interpretation
how doubtful provisions might be rewritten” by the The term ‘interpretation of the statute’, means an
judges. understanding of the law. It is the process adopted
On the other hand the literal rule was criticised by by the courts to determine the meaning of
the Law Commission (1969) on the ground that: legislature, by way of legislative form. It is used to
* Judges have tended excessively to emphasise the ascertain the actual connotation of the act or
literal meaning of statutory provisions without document along with the intention of the
giving due weight to their meaning in wider legislature. It tends to clarify the meaning of those
contexts. terms and writings which are difficult to
* To place undue emphasis on the literal meaning of understand.
the words is to assume an unattainable perfection The process of enactment of the law and its
in draftsmanship. interpretation takes place at different points of time
* It ignores the limitations of language. and performed by two different government
3. THE GOLDEN RULE bodies. The interpretation of an act creates an
Some judges have suggested that a court may understanding between these two and bridges the
depart from the ordinary meaning where that gap.
would lead to absurdity. In Grey v Pearson (1857) 6 It aims at finding out the intention of the author, i.e.
HL Cas 61, Lord Wensleydale said: the court needs to identify, what the author means
“… the grammatical and ordinary sense of the by the words he/she has used in the text, that helps
words is to be adhered to, unless that would lead to in getting what is written in the document. In short,
interpretations object to ascertain the intention of beyond the direct expression of the text from
the statute by the words used. elements known from and given in the text.
Definition of Construction Intention of the Legislature
In law, ‘construction’ means the process of legal A statute is an edict of the Legislature and the
exposition which determines the sense and conventional way of interpreting or construing a
explanation of abstruse terms, writings etc. in the statute is to seek the ‘intention’ of its maker. It is to
statute and draws a conclusion on the basis of be understood according to the intent of its maker,
logical reasoning, with respect to the subject that with the guidance furnished by the accepted
lies above the direct expression of the legal text. principles of interpretation. “The object of
The basic principle of construction of a statute is to interpreting a statute is to ascertain the intention of
read it in a literal manner, meaning that by the Legislature enacting it”, South Asia Industries
elucidating the words used in the statute, ordinarily (Pvt.) Ltd. S. Sarup Singh, AIR 1966 SC 346.
and grammatically, if it results in ambiguity and is Words in any language are not scientific symbols
likely to convey another meaning then the court can having any precise or definite meaning, and
opt for its literal meaning. However, if no such language is but an imperfect medium to convey
absurdity is possible, the fundamental rules of one’s thought, to an audience consisting of persons
interpretation can be adopted. of various shades of opinion. The function of courts
Key Differences Between Interpretation and too, is only to expound, and not to legislate.
Construction The first and primary rule of construction is that
The difference between interpretation and the intention of the Legislature must be found in
construction can be drawn clearly on the following the words used by the Legislature itself. The
grounds: question is not what may be supposed to have been
1. In law, interpretation refers to, understanding intended but what has been said. The key to the
the words and true sense in the provisions of opening of every law is the reason and spirit of the
the statute. On the other hand, construction is law. Each word, phrase or sentence, is to be
described as drawing conclusions, in relation to construed in the light of the general purpose of the
the case, that lie beyond the outright expression Act itself. Interpretation must depend on the text
of the legal text. and the context, as they are the bases of
2. While interpretation is all about the linguistic interpretation.If the text is the texture, context
meaning of the legal text, Construction gives the colour. Neither can be ignored. A
determines the legal effect of the words and particular clause or expression is construed by
writings of the statute. construing the whole instrument and any dominant
3. When the simple meaning of the legal text is to purposes that it may express. The Legislative
be drawn, then that will be called an function cannot be usurped under the disguise of
interpretation. Conversely, when the literal interpretation, and the danger of an priori
meaning of the words used in the legal text determination of the meaning of a provision based
results in ambiguity, then construction is opted, on the preconceived notions of ideological
so as to decide whether the case is covered by it structure or scheme should be avoided. Caution is
or not. all the more necessary.
Conclusion The correct interpretation is one that best
When it comes to the legal exposition of the statute, harmonizes the words with the object of the
act or any agreement, interpretation precedes statute. A right construction of the Act can only be
construction. While the interpretation of the attained if its whole scope and object together with
statute, is all about exploring the written text, an analysis of its wording and the circumstances in
whereas construction is used in the broader sense, which it is enacted are taken into consideration. It s
i.e. it not only helps in determining the sense and all about interpretation and not about
explanation of the provisions of the act but also interpolation.
elucidates its legal effect. The rules of interpretation are not rules of law; they
THE BASIC PRINCIPLES OF INTERPRETATION are guides and such of them which serve no useful
Interpretation differs from Construction, however. purpose, can be rejected and new rules can be
The former is the art of finding out the true sense of evolved in their place. They are aids to
any form of words, which also means the sense that construction, presumptions or pointers.
the author intends to convey. It may also be Difference between purposive and literal
understood as the process by which the courts construction: The difference is in truth of one
determine the meaning of a statutory provision for degree only. The real distinction lies in the balance
the purpose of applying it to the situation before to be struck in the particular case between literal
them. Construction on the other hand, is the meaning of the words on the one hand and the
drawing of conclusions, respects subjects that lie context and purpose of the measure in which they
appear on the other.
Statute must be read as a whole in its context lead to the conclusion that those words are
The statute as a whole, the previous state of the ambiguous.
law, other statutes in pari materia, the general “Statutory enactment must ordinarily be construed
scope of the statute, and the mischief it is to according to its plain meaning and no words shall
remedy, is the basic context of any statute. The be added, altered or modified unless it is plainly
elementary rule states that the intention of the necessary to do so to prevent a provision from
Legislature must be found by reading the statute as being unintelligible, absurd, unreasonable,
a whole. Every clause needs to be construed with unworkable or totally irreconcilable with the test of
reference to the context and other clauses of the the statute.” [Bhavnagar University v. Palitana
Act, to make a consistent enactment of the whole Sugar Mill (P.) Ltd., (2003) 2 SCC 111 : AIR 2003]
statute or series of statutes relating to the subject-
matter. It is the most natural and genuine What is Legislation?
exposition of a statute. Legislation is a law making body. Among all the
The conclusion that the language is plain or sources of law, legislation is one of the most patent
ambiguous can only be truly arrived at by studying and sovereign source law making. It has all the
the statute as a whole. How far and to what extent powers of enacting laws and repealing old laws.
each component influences the meaning of the The term "legislation" is derived from two Latin
other , would be different in each given case. Each words, legis meaning law and latum meaning to
word, must however, be allowed to play its role, make, put or set. Entomologically legislation means
however significant or insignificant it may be. in the making or the setting of law. There are two
achieving the legislative intent. Each section must kinds of legislation-Supreme legislation and
be construed as a whole, whether or not one of the subordinate legislation.
parts is a saving clause or a proviso. They may be Definition of Legislation -
interdependent; each portion throwing light, if Some important definitions of legislation are as
need be on the rest. follows -
A question of construction only arises when one Salmond-
side submits that a particular provision of an Act According to Salmond, "Legislation is that
covers the facts of the case and the other submits source of law which consists in the declaration of
that it does not or it may be agreed it applies, but legal rules by a competent authority".
the difference arises to its application. Austin -
Statute to be construed to make it effective and According to John Austin, legislation includes an
workable: However plain the meaning be activities, which results into law making or
The interpretation should be construed to make the amending, transforming or inserting new
statute workable, which secures the object, unless provisions in the existing law. thus "there can be no
crucial omissions or clear direction makes that end law without a legislative act.
unattainable. The doctrine of purposive Holland-
reconstruction may be taken recourse to for the According to Holland, " the making of general
purpose of giving it full effect to the statutory orders by our judges is as true legislation as is
provisions. The meaning of the statute must be carried on by the Crown", but we confine ourselves
considered rather then the rendering the statute a to the use of them term legislation in the sense
nullity. which is commonly understood.
Appraisal of the principle of plain meaning Kinds of Legislation -
Plain words require no construction. This starts According to Sir John Salmond, legislation is
with the premise that the words are plain and that either Supreme or Subordinate.
the conclusion can be arrived at after construing I) Supreme legislation -
the words. This also means that once the conclusion Supreme legislation is that which proceeds
has been arrived at, that the words/ sentence can from the sovereign power in the state. It cannot be
bear only one meaning, the effect to that meaning is repealed, annulled or controlled by any other
to be given. legislative authority. It is enacted by the highest
Language which on its construction results in law-making authority in the state. For example
absurdity, inconsistency, hardship or strange parliament in India, USA and England.
consequence is not readily accepted as In England, Supreme legislation cannot be
unambiguous. Here unambiguous means questioned in a court of law. The British Parliament
‘unambiguous in its context. So ambiguity need not is in every sense of sovereign law making body. In
necessarily be a grammatical ambiguity, but one of Britain, the doctrine of parliamentary sovereignty
appropriateness of the meaning in a particular implies supremacy and omnipotence of British
context. Also, difference of judicial opinion as to the Parliament. Therefore. It possesses the power of
true meaning of certain words need not necessarily Supreme legislation. In India and United States of
America however, the parliament is sovereign but
not supreme because legislation can be declared Judiciary is given powers to make certain rules
ultra vires or unconstitutional by a court of law. It to regulate the procedure. Such act of court during
may therefore, be amended or altered. judicial proceeding is called judicial legislation.
II) Subordinate legislation - Bombay High Court Rules, which are rules
Subordinate legislation is legislation made by governing Bombay High Court and matter coming
the authority or other than the supreme authority before this Court.
in the state in the exercise of the power delegated Difference Between Common (judicial) Law and
to it by Supreme authority. This is controlled by the Statutory Law
supreme authority. Thus legislative authority is There are two types of laws, that are adopted in
dependent for its continued existence and validity many countries, namely common law and statutory
on the supreme authority. It can be repealed. law. The common law implies the law that emerges
Subordinate or delegated legislation increased in from new decisions made by the judges, courts and
19th and 20th century because of number of a tribunals.
reaction. On the other hand, the statutory law means a
Kinds of subordinate legislation - formal written law, that the legislature adopts as a
According to Salmond, delegated legislation is statute. The basic difference between common and
that which proceed from any authority other than statutory law lies in the way the two legal systems
sovereign power. Salmond refers to five Kinds of are created, the authority who set down the acts
Subordindte Legislation which are as follows - and their relevance.
(1) Municipal legislation Definition of Common Law
(2) Executive legislation The law that has been evolved from the decisions
(3) Colonial legislation made in appellate courts and judicial precedent, is
(4) Autonomous legislation known as common law or sometimes as case law.
(5) Judicial legislation The common law system gives pre-eminence to the
(1) Municipal legislation - common law, as it considers unfair to treat the
The municipal authorities are given limited same facts in a different manner in different
powers to enact laws for their governance. it is situations.
called Municipal legislation. It also called bye-laws. The judges refer to the cases that took place in the
The power is conferred by Supreme legislation. for past to arrive at a decision, called as the precedent
example, Bombay Municipal Corporation, Pune which is recognized and enforced in future
Municipal Corporation etc. judgements rendered by the court. Therefore, when
(2) Executive legislation - the similar case is reported in the future, the court
These powers are expressly delegated to the has to give the same judgement, that is followed in
executive by the Parliament. Executive consists of the previous case.
President, Prime Minister, Governor, and govt. Sometimes, the judgement made by court comes
officers, who are interested, with the working out as a new law, that is considered in subsequent
administrative department of the State. Parliament court decisions.
simply delegates its functions to the executive to Definition of Statutory Law
make their own laws. E.g. Dfence of India Act. Statutory law can be defined as a system of
President can make a rule for himself to regulate principles and rules of law, that is available in
his office. written form and laid down by the legislative body
(3) Colonial legislation - to govern the conduct of the citizens of the country.
It is the outcome of colony or colonies. by way When a bill passed by both the house of parliament
of settlement. The colonies of British Empire were through enactment, it becomes a statutory law. In
delegated with certain legislative authority for their finer terms, legislation is the statutory law, which is
own government. Such legislation is called colonial the fundamental structure of the legal system,
legislation. For example, laws passed by the Indian based on the statutes.
legislature before independence A statute is nothing but the formally written act
(4) Autonomous legislation - that expresses the will of the legislature. It is the
Sometimes the state allows private persons declaration or command made by the law which
like universities, Railway companies, etc to make must be followed or prohibits a course of action or
bye-laws which are recognized and enforced by law governs the behavior of members. The statutory
courts.Such legislation is usually called autonomic. law encompasses the rules for regulating the
Railway Company may make bye-laws for the society and is made considering the future cases.
regulation of its undertaking. Likewise, a University Key Differences Between Common Law and
may take students for the Government of its Statutory Law
members. The difference between common law and statutory
(5) Judicial legislation - law can be drawn clearly on the following premises:
Common law or otherwise known as case law is a the ease law operates retrospectively, being applied
legal system in which decision made by the judges to facts which are prior in date to the law itself.
in the past forms as a basis for similar cases in Statute law is seldom retrospective in its operation.
future. On the other hand, statutory law is a Then legislation withstands the test of an
formally written law established by legislative body interpretation of the statute by the courts of justice.
and regulates the behavior of the members. If any alterations are proposed in the enacted law,
The common law instructs, what decision should be they are published and opinions invited. Case law,
rendered in a particular case. In contrast, the on the contrary, is created and declared at one and
statutory law prescribes the best governing rules of the same time.
the society. 4. Provision for future cases:
Common law relies on the recorded judicial Legislation can make rules in anticipation for cases
precedent, meaning that the judges will take into that have not as yet arisen, whereas precedent
account the relevant facts and evidences of the case must wait for the occurrence of some dispute
but also look for prior decisions made by the court before the court can create any definite rule of law.
in similar cases in the past. As against, statutory law Precedent is dependent on, and legislation is
is based on the statutes enacted and imposed by the independent of, the accidental course of legislation.
legislative body of the country. Legislation can till up vacancy or settle a doubt in
Common law is a procedural law, such that it legal system as soon as the defect is Drought to the
comprises the set of rules that regulates the court notice of the legislature. This is not possible in the
proceedings in various lawsuit. On the contrary, case of precedent. Case law, therefore, is
statutory law is substantive in nature, in the sense incomplete, uncertain and unsystematic.
that it states the rights and duties of the citizens, 5. Form:
along with punishment for non-compliance of rules. Legislation is superior in form brief, clear, easily
Common law can be amended by statutory law, accessible and understandable, whilst valuable part
whereas to amend the statutory law, a separate of case law has to be extracted from a ton of dross.
statute must be established. One has to wade through the whole judgment
Conclusion before the ratio decided can be found out or case
To sum up the discussion, statutory law is more law discovered. Figuratively, as Salmond observes,
powerful than the common law, as the former can ease law is gold in mine a few grams of precious
overrule or modify the latter. Therefore, in case of metal to the ton of useless material while statute
any contradiction between the two, statutory law law is coin of the realm, ready for immediate use.
may prevail. Statutory law is nothing but the The advantages of precedent over statute law may
legislation made by the government bodies or also be studied. “The morality of the courts”, says
parliament. Conversely, common law is the one that Professor Dicey “is higher than the morality of
arises out of the decisions made by the judges in the politicians.
court of justice. Legislation is the product of the will of politicians
Advantages of Legislation over Precedent as who are affected by the popular feelings and
Sources of Law passions. That is why the judiciary often denounces
1. Abrogative Power: statutes as wrong, tyrannical, unjust or contrary to
Legislation is both constitutive and abrogative fundamental principle laid down in the written
whereas precedent merely possesses constitutive Constitution.”
efficacy. Legislation is not only a source of law, but John Salmond points out that enacted law is rigid,
it is equally effective in amending or annulling the strictly bound w within the limits of authoritative
existing law. formulae, while the case-law, with all its
Precedent, on the other hand, cannot abrogate the imperfections, is flexible.
existing rule of law although it may produce very In the case of statute law the letter of the law
good law and in some respects better than supersedes the true spirit of law. The phraseology
legislation. What it does, it docs once for all. It may fail to convey the true meaning intended by the
cannot retrace its steps. Legislation as a destructive enactment, but the courts are bound by the literal
and reformative agent has no equal. expression.
2. Efficiency: Public Law vs. Private Law
Legislation allows an advantageous division of If you saw a man run from a convenience store with
labour by dividing the two functions of making the a few pilfered products under his arm, he is
law and administering it. This results in increased violating public law. He committed the crime of
efficiency. President, however, unites those two theft, and that affects everyone.
functions in the same hands. On the other hand, if your neighbor filed suit
3. Declaration: against you because your barbeque smoke traveled
Justice demands that law should be known before to his yard, you may be violating private law. You
they are applied and enforced by the law courts, but
infringed on your neighbor's right to peaceful Succession law - governs the transfer of an estate
enjoyment of his property. between parties
Essentially, the difference between public law and Family law - governs family-related and domestic-
private law is whether the act or acts affect society related issues
as a whole or is an issue between two or more
people.
Public Law Explained
To simplify things, public law deals with issues that
affect the general public or state - society as a
whole. Some of the laws that its wide scope covers
are:
Administrative law - laws that govern government
agencies, like the Department of Education and the
Equal Employment Opportunity Commission
Constitutional laws are laws that protect citizens'
rights as afforded in the Constitution
Criminal laws are laws that relate to crime
Municipal laws are ordinances, regulations and
by-laws that govern a city or town
International laws are laws that oversee relations
between nations
Let's use Brown v. Board of Education, 347 U.S. 483
(1954) to better understand public law as it relates
to an administrative agency.
In Brown v. Board of Education, Linda Brown, the
plaintiff (brought about by her father, Oliver),
contended that his daughter was not being
protected under the Constitution. Since Brown was
suing the Board of Education, this falls under
constitutional law, but an administrative agency
was sued for the violation.
Linda had to walk several blocks to the school bus
stop even though a closer whites-only school
existed within a few blocks from her home. Brown's
parents believed that Linda's 14th Amendment
rights were violated when she was banned from a
white school closer to home because of her race.
The case was won because the U.S. Supreme Court
declared segregation a violation of Brown's
constitutional rights. This falls under public law
because issues of segregation and discrimination
affect society as a whole, not just this particular
child.
Private law is different. Private law help citizens
resolve issues between themselves.
Private Law Explained
Private law affects the rights and obligations of
individuals, families, businesses and small groups
and exists to assist citizens in disputes that involve
private matters. Its scope is more specific than
public law and covers:
Contract law - governs the rights and obligations
of those entering into contracts
Tort law - rights, obligations and remedies
provided to someone who has been wronged by
another individual
Property law - governs forms of property
ownership, transfer and tenant issues