Prabhat Bandhulya

Jan 18, 2021 4 min read

Interpretation of statute – The

Intention of Legislation
Updated: May 23, 2022

Interpretation of statute – The Intention of Legislation

Introduction
Introduction
The main intention behind the interpretation of the statute is to unlock the locks put by the
Legislature .The formal act of the Legislature in written form is known as statute. It declares the will of the
Legislature.
The art of finding out the original intention of enactment by giving the words of the enactment their natural
and ordinary meaning is known as Interpretation. Interpretation haphazardly is not anticipated by the court,
therefore there have been certain principles which have evolved out of the continuous exercise by the
Courts. These principles are sometimes called ‘rules of interpretation’. [1]

Definition
Definition and
and meaning
meaning ofof interpretation
interpretation
According to Salmond , Interpretation or construction is, “the process by which the court seeks to
ascertain the meaning of legislature through the medium of authoritative forms in which it is expressed.”
Cross defines, “Interpretation is a process by which the court determines the meaning of a statutory
provision. It is for the purpose of applying it to the situations before them.
The term interpretations means “to give meaning to”.
Case
Case law
law
– In “Nathibai V/s Maheshwari Samaj Kamola Trust”, the court held that the term interpretation means that it
is not open to co courts to curtail or enlarge the provision beyond obvious meaning. Interpretation has to
carry the object and meaning without distraction.

Importance
Importance of of Interpretation
Interpretation of
of Statutes
Statutes
Reasons why statutory interpretation is necessary
are as follows:

1. Inconsistency, unclear and ambiguous language can arise from the ambiguity of the laws
regarding the essence of the subject, various draughtsmen and the combination of legal and
technical language.

2. The will of the legislature is expressed generally in the form of statute and it is for the court to find out the
real intention of the legislature from the language used in the statute.
The necessity of interpretation would arise only where the language of a statutory provision is ambiguous,
not clear or where two views are possible or where the provision gives a different meaning defeating the
object of the statute.

3. Object of interpretation of statute

The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or
impliedly in the language used.
Case
Case law
law
: In “Santi Swarup Sarkar V/s Pradeep Kumar Sarkar”, the Supreme Court held that two
interpretations are possible of the same statute, the one which validates the statute must be preferred.

Intention
Intention of
of Legislation
Legislation

A statute is an edict of the legislature and the conventional way of interpreting or construing a statute is to
seek the "intention" of its maker. A statute is to be construed according "to the intent of those that
make it" and "the duty of judicature is to act upon the true intention of the Legislature—
the mens or sententia legis ".

The expression "intention of the Legislature" is a shorthand reference to the meaning of the words used by
the Legislature objectively determined with the guidance furnished by the accepted principles of
interpretation.

The conventional way of interpreting a statute is to seek the ‘intention’ of its maker. The duty of the
judicature is to act upon the true intention of the legislature. If a statutory provision to open to more than one
interpretation, the court has to choose that interpretation which represents the two intention of the
legislature.

The intention of the legislature has two concepts – the first is the ‘concept of meaning’ it conveys and
second is the concept of ‘purpose and object’ or ‘reason & spirit’ pervading the statute, purpose of
construction, therefore combines both literal and purposive (logical) approaches.

The most fair and rational method for interpreting a statute is by exploring the intention of the
legislature through the most natural and probable signs which are ‘either the words, the context , the subject-
matter the effects and consequences or the spirit and reason of the law.’

Guiding lines to frame intention of legislature are: –

The context (pari materiae. external aid to interpretation).

The subject matter.
The effects and consequences.
The spirit or reason of the law.

Intention of legislature is assessed either in express words or by necessary implication in keeping mind the
purpose or object of the statute.
According to J , A mechanical interpretation of the words and application of legislature intent devoid of
concept will make most of the remedial and beneficent legislation futile (ineffective). Judiciary would mold or
creatively interpret legislation as they are finishers, refiners and polishers of legislation.

Case
Case law
law
: “The Quary owners association V/s The State of Bihar”, AIR 2000 SC 2870; - words in statute-
dynamic meaning which gives full thrust and satisfaction to achieve objectivity intended by legislature is to
be adopted.
Case
Case Law
Law
: “Aswini Kumar V/s Arabinda Bose”, in this case the petitioner argued that being an advocate in the
Supreme Court he had a right to act and plead all by himself without any instructions from the attorney. The
Supreme Court accepted this contention by a majority. One of the minority judges held that , to find out the
true intention of the legislature, it was necessary to take all the parts of the statute together for interpreting
any provision in it.

Case
Case Law
Law
: “Newspapers Limited V/s State Industrial Tribunal”, the Supreme Court held the reference had on the
ground that it was not an industrial dispute of which the dismissed employee was a workman of the
employers. It was observed that the industrial dispute act as a whole should be read while interpreting the
constituent parts of it.

Conclusion
Conclusion
Statutory interpretation is the court's primary role. The statute is passed by the Legislature and is in the
possession of the court to interpret it if there is a conflict. As it reflects the will of the legislature in the form of
a law. The starting point for interpretation is the law
The judges should only assume the role of interpreters and not the role of the reformers which belong to the
legislators and if they do so, such decisions can be overruled and nullified legislators.