CHAPTER

THE MEANING, OBJECT AND NECESSITY OF

INTERPRETATION
sYNOPSIS
MEANING OF INTERPRETATION
INTERPRETATION AND CONSTRUCTION
OBJECT AND PURPOSE OF INTERPRETATION
MEANING OF AMBIGUITY
Latent Ambiguity
Patent Ambiguiry
NECESSITY TO INTERPRET A PROVISION
CHAPTER SUMMARY

MEANING OF INTERPRETATION
In India, the law making power rests with the Legislature. It is the
Legislature, who enjoys the authority to legislate. Law is enacted by the
Legislature with a
definite purpose in mind.
T'he Legislature opens its mind
in form of certain
language. Hence, every law finds its expression in
language itself. A statute therefore is the formal expression of the willthe
of
Legislature
The legislated law or statute law has attained supremacy over all
sources of law.
1The other other
sources have almost yielded before it. It has
become a type of standard. It 1s embodied in an authoritative form of written
words. This literary express1on 18 an essential
part of the law.
The courts are
supposed
to administer
of law enacted by the Legislature. In other justice according
to the mandate
words, it is the duty of the courts
to apply the letter ot the law. Therefore it
is
necessary to understand
t
language of the statute in its correct and true sense so that the
legislature 18
carried out properly and the
intention 0
object and purpose 1or wn
statute was enacted achieved.
is 1o ascertain the true sense of the
it 18 necessary to assign correct meaning to the words and expressions us6 langua
in the language.
It ispresumed that the legislature has used
precise words to express 1tselit. But where a appropriate,
word bears more
cetne
meaning, the
language ot the statute might be understood in twotnan
or m
senses, out of which
only one may be in tune with the true intention
legislature. Therefore it becomes necessary to determine what meaning
be given to a word used in the legislation. It is this exercise which 15 he

(24)
 THE MEANING, OBJECT AND
NECESSITY OF
INTERPRETATION
of interpret
tter of 25
subject matter
arocess
interpretation. Interpretation therefore
defined as a can be
he framers of the scertaining
document,
the
writings meaning of
a n t the process by According to SALMOND, by or inten
itent
which courta seek to
lation through the medium of interpretation
ascertain the meaning of
expressod
authoritative forms in which it is
In interpreting and
applying8 statutelaw
law, the courts are
words and their true meaning, Statute
limits of authoritative letters, if
concerned
courts are concerned with
with
the words of the thee words of the statute are clear. Where
statute
are
not clear, the court can exercise its discretion
interpret the statute in accordance with its
object and purpose.
to
In Bhatia International v. Bulk Trading S.A., it was held
that
art of interpretation 1s
imbued with creativity as well as realjsm because
judicial
interpretation implies a degreeof discretion and choice,
conventional principle that Judges are to regardle8s of the
expound, not legislate
In TN. Electricity Board v. Status
that the court has the last
Spg. Mills Ltd. the Apex Court held
in say interpretation of statutes.

INTERPRETATION AND CONSTRUCTION

Two expressions are used to
refer to the process of
language used in the statute, i.e., determination
of the
meaning of
Construction. According to Webstar's New World Interpretation and
means the act or result of
Dictionary, interpretation
interpreting, explanation, meaning. translation,
exposition etc. Construction 18 an act or
process of
which something i8
constructing, the way in
made an effort
constructed, manner method or
of building. COOLEY
to
distingujsh these two terms. According to him,
interpretation" is the art of finding out the true sense of any form of words
and enabling others to derive
rom them the same idea which the author
intended to convey
whereasconstruction 18 the process of
conclusions respecting subjects that le beyond the direct expressiondrawing
of text
which are in the spirit though not within
It can be said that in
the letter of law. In simpler terms,
interpretation, we ina out true
meaning of the words
used in the language but in "construction we draw the real sense of the
anguage itself which might not be prima facie reflected by the words used
in the language. However, today in common usage, both these words are
taken as synonyms of each other and also used synonymously

OBJECT AND PURPOSE OF INTERPRETATION

The object of interpretation is to discover what the Legislature
intended. This intention is to be ascertained from the text of enactment. It is
presumed that the Legislature speaks its mind by use of correct expressions
and therefore, unless there 18 an ambiguity 1n the words used in the
in
language, the provisions should read and understood
be their
grammatical sense. When the language
of a
provision 18 clear, it should not
be twisted or strained to arrive at a supposed intention. The words used in
 NTERPRETATION OF STATUTES
d
rOVIs1on should be assigned their plain and ordinary mean
the
language should be understood in its literal se oical" meaning of
bsurd, then the courte should look for some other
those
w o r s to remove the ambiguity and absurdity: The idea benind tnis 1s
words ot
ture 18 not expected to have used the capable
lead to alternative
to constructions,
n one meaning, so as
advances u e
a situation arises, then the construction which
Dut if such
policy of the enactment must be upheld.
In Mahadev Gouind Gharge . Special Land Acquisition Ofricer, Upper
Krishna Project, Jamkhandi, Karnataka, it was held that the provisions ot
a statute are normally construed to achieve the ends of justice, advance the
interest of publie and to avoid multiplicity of litigation.
In Sri Jeyaram Educational Trust v. A.G. Syed Mohideen, it was held
that the purpose of interpretation is not to make a provision what the judge
thinks it should be, but to make it what the legislature intended it to be.

MEANING OF AMBIGUITY
The term "ambiguity means uncertainty. When a particular word is
said to be ambiguous, it means that such word bears doubtful sense or
uncertain meaning and it is open to more than one meaning.

Some examples of ambiguous words are given below

"Award" means (i) prize, e.g, he received bravery award at the hands
of the Prime Minister; 11) decis10n or court, eg, the Labour
Court passed an award in tavour of cominant; etc.

means 0) in common or general use,

"Current" rent coins are
made of metal; .ot the present time house-OWner
shall charge hiy n t in the curr
prices o1 tne co s are beyond o r current
the common
man; or 1or s u c the competitiv
Gii) a stream One must be
aware of curren , air or
eg., water curre ae rivers is t g
flow of elect at the pla
where they orig 1e did
d hence the
pay the electricit
house has been t det apply 17
means (i) to
fix sc stealthily, e oriP
"Plant"
plantthe bomb in area; (ii) l
and shi you canF
than trees
nursery; (111) equip instit
machinery of the d
workers; (iv) to sO
this tr
ground, eB,
Company; (y) an nc
commodity in lar

in
Koradi, r
Plant
 5 ,a
1D60, and
a as
as a a his date granted w.e.f. 26.10.1965, the
consequeno
to his case and he wo entry in State Bank of
econd lndia 1s
axfena
aion of e V i c e under 6 be entitled proviso of Rule 19 (1) shall
ot
this apieal. 1t was t o be considered for &rant
grant oot
hee
enellt of arlier army
held that h
dthat igh Court
gh Court granted his clam ana
he was toas i apPpointed
10.1966tts settled law tha ces POse ot seniority, pay and pension
for which of State Bank of
India we
wAnted in respect
gvanted in
respec created
of
o senior
and that such
such bo sto be confined to the
in respect 0t other benefits
Benionty pay and pension but of earlier arny
service
conditions rule
cannot De extended
dv) NON OBSTANTE CLAUSE
The
expressionNon
section begins Obstante" means
Act Sonmetames
W1th the words
the opening "notwithstanding
"Notwithstanding.
Sometine
anything contained
a

anything words of a
contaned in any law for the time section are
in

provisios employing these words are

termed
notwithstanas
being in force". The statutosy
as "Non
Presence ot non obstante Obstante Clause
Out of clause is observed
many examples, one would be in almost
all the
Consumer
Protection Act, 1986 which enough to
explain. Section statutes
24-
reads as under. provides the limitation period and
a ) The District
forum, the State Commission and the
Commission shallnot admit a National
years trom the date on whieh thecomplaint unless it is filed within two
cause of action has
(2) arisen
Notwithstanding
anything contained in sub-section (1), a
complaint may be entertained ater the peri0d specified in
District forum, sub-section
(), if the complainant satisfies the
the State
Commission or the National Commission, as the case
may be, that he
had sufficient cause for not iling the
complaint within such period:
Provided that n0 such complaint shall be entertained unless the
National Commission, the State Commission or the Distriet forum, as
the case may be, records its reason for condoning such delay".
It may be appreciated that sub-section (2) starts with the expression
Notwithstanding anything contained in sub-section U and as such it is a
provided Sub-section
1s in (1) shall
non obstante clause. It says that whatever
have effect if the complainant convinces
the
District forum, the State
not ab0ut for not
suieiency ot reasons
ommission or the Naional Commission sub-section
the period of two years stipulated by
the complaint within
ng obstante provision under sub-section (2) shall enjoy
1). Thus the non Le., sub-section
specified in the language,
the provision
verriding effect on
(1). to give enacting part of
such clauses is
behind appending the provisions or
The purpose overriding effect over
case of a
conflict, an that other proviS1ons shall
esection, in obstante clause.
It implies provision
shall prevail
in non
non
obstante
mentioned
the main
provision. The
P r e v a i l
over
 NTERPRETATION OF STATUTES
60
be of
Over any other provision and the other provision shall no
consequence
provision under non obstante, the enactment will have
However, in spite of
full operation
In Chandavarkar Sita Ratna Rao v. Ashalata 5. Guram, the Apex

Court observed that a beginning with

clause
the expresaion
Act or in some particular
notwithstanding anything contained in this
in some particular Act n or time any law tor the
provision in the Act or than not appended to a
being in force, or in any contract
15
more otten
of the section
with a view to give the enacting part
section in the beginning of the Act or the
in case of contlict
an overriding over the provi1sion
ettect
ciause. s equivalent to saying It
contract mentioned in obstante
the non
of the provis10n of the Act any other mentioned in the or Act
that in spite the enactment
clause contract
or any document mentioned embraced
or
non obstante or that the provisions
in
will have its full operation
following it for an operation of the
clause would not be an impediment
the non obstante
enactment.

Eravath Kanapravan
Kaliani Amma v K. Devi
In Parayankandiyal sometimes appended to
that non
obstante clause 1s
Supreme
C o u r t observed the enacting part of the
a view to give
beginning, with provision or Act
a section in the effect over the
of contlict, an overriding spite of the
section, 1n case to saying that in
clause. It 18 equivalent clause, the
enactment
m e n t i o n e d in that
in the non obstante
o r Act mentioned indicated in the
provision or that the provision of the
its full operation for the operation
it will have impediment
following
will not be
an
clause
obstante
non
while interpreting
enactment.
Cooperative Societies, when a
Registrar, held that
v. 1969, it was
In TD. Benny Service Rules, to the
effect
Cooperative obstante
Rule 187 of
Kerala
a statute begins
with a non
obvious that
the p r o v i s i o n
in the idea is of
for operation
provision
particular contained,
impediment
anything be an
notwithstanding
clause
will not
obstante

in non
embraced pronouncing
Court, while and
Sanjay,' the Apex
the enactment.

v. (Development
of Delhi)
Minerals was
(NCT and it clause.

In State
Mines

22 and
4(1-A) of of
n o n - o b s t a n t e

the meaning
give overrding
Ss. 21, explained
device to tound

on Act,
1957,
clause
18 a legslative
that may
be

Kegulation) obstante
provis1ons

non contrary
the
that over some
held
e n a c t m e n t

the Supreme
provisions
other
certain some

to or Ltd,
eneet Industries does not
e n a c t m e n t

such elause
same Reliance
in
relers to
either when
Patodia
v
but

Kumar n o n - o b s t a n t e
clause, Override

In
Indra of to
effect intends
the it
Inc,(2005
provision
explained M o t o r o i a

Court particular
Lad.
refer to, any India
Thlecomm

Iridium
rola Inc, 2005) 2
ireferred
in
SCC
447 m India Tblecom
986) 4
 oTien mARs OF
owisions of the statute IEPPERON
does not exelide the wholegenierally,
Aet
1t was
or tadeheld thet eseh metente
to be a determinntion as t which sm-etenta dlen
dlen
which does not. The Court is e 7af Thers rspi
intended to do so and required
legialature mtended eontex iin whieh the lanaerigice
contert t6 wh
d
t
sion ohetete e e i
In State (NCT of Delhi) y.
was
reiternted. Jt was lieldNarender
to enacting part 0 ection that it
the signifesrcs of son shatest
is legialativs devien 6
a
m case of
non obstante claune, ontiiet over de e a
prorinione mesin i
InManagement o Tndia
Exprees Madural (P) Lad. Bangslore JM
Jewani,it was held that in case of oonfliet o ron obetante dlaoaes .

than one statute, such conlliet to be i suos

purpone undriying the enactment nndresolved

o
the langungcomsideration
, iofaliey
y sod
later enaetment will prevail if both desl rein Geser
upon earlierer if
same subject. However
ponition will be different if enrlier Actspecificly
and later though with non obatante dlauses
wis
is a speial ote
is getieral one
In Municipal
Corporation Indore
y.
Ratnaprabha,
Section 1 b of
Madhya Pradenh Municipal
Corporation Act, 1906 was in questios whict
says "annual value of any building shall
in any other law 1or the notwithatanding
anyting c t a i t d
titne in
being force be
rent at which such building might reasoriably at deemed
o gros stu
the time ofte asesament be
expected to be let from year to yenr w a s heid thiat the annual Jettung
value determined under Section 138 tb) need not in every cae be limited to
standard rent which might be fixad for building under Hert Conteol het
In Aswini Kumar Ghose v Arabinda Hoe, Section 2 of the Sapreme
CourtAdvocates (Practice in wns
High Courta) Act, 1951 the interpreted by
Supreme Court. It provides "notwithatanding anything erntained in Indian
Bar Councils Act, 1926, or in any other Iaw regulating the conditiins subjeet
owhicha person not entered in thbe roll of Advocates
of a
High Court may
Calcutta High Court had
Dpermitted to practise in that High Court 1he entitled to aet
earier held that Advocate of the Supreme Court was not
an
1nis resus drawn by limiting the
nonginal side of that High Court.
of the section by the non o
e.ButofthetheSupreme
enacting
part
g part o w a observed
was observed that te naing
part statute
overruled it. It the
non obstante wher
must, where it is clear, D
cannot be reed harmoniously
PROVISIONS
DIRECTORY
AND legisiati
LANDATORY manifestation of
true worde like sha
are

used in the statute conanding

ords impressve and age emplaying toe
tent employing anguags
kinds of
u different Both
nust conveys a
like
ntle and
word
liberal
1 (2014) 13
SCC e n D.B
a LLJ 916 (Kar
making laws on Onion su
If thinge
the Parliament or by the State Legislatures.
to the other, the
the l8w gement
enace
encroaches upon field assigned
the
court
whether the concerned Legislature was competent to
purpose, the court shall look into the pith and substance
question, i.e., the true object of legislation. If the court f
matter on which the law in dispute has been enactonds at ihe
Was v
competence of the Legislature, shall hold the law
it
might have incidentally touched on the matters not within i
within its co
In Girnar Traders v. State of Maharashtra, it was
held th
found that in pith and substance, an Act is a law on a permit
any incidental encroachment, even on a lorbidden field,
competence of legislature to enact that law.
does neeld
affet
In Offshore Holdings Put. Ltd.
was held that when a law is Bangalore v.
Development Aut
legislature which enacted it, whatimpugned
as ultra vires
the powers
has to be ascertained is
of the legislation. the true cha
harac
Colourable legislation
The Constitution of India
legislative powers between provides a scheme of
avoid any conflict between Parliament distribution
and the State
Legislature in
various subject matters on these legislative bodies. According to this order
three Lists, viz., the which law may be made
have been schema
List-I (Union
(Concurrent List). On the List), List-II (State List) grouped
and
int
can make laws.
On the
subjects mentioned in List-1, the List-lI
have power to make laws.subjects included in List-11, Parliament alone
On the only State
State
Legislatures are competent subjects of List-11l, both Legislatures
Legislatures must be to
legislate. The Parliament and
enacting any law. Thus confined to List-I and List-1I Parliament and State
falling within List-Il and Parliament
the
cannot legislate on respectively while
the subject matters
matters of List-I. State
Legislature
If the
ParliamentLegislatures
passes a law on makes a law
cannot enact on the subject
List-1, on the List-l
transgression may be direct it is
nothing but
or State
Parliament or State indirect; manifest ortransgression.
or
Such
of its
sphere, it is Legislature passing disguised. If the
vires. But where direct transgression, inany statute has clearly
within its the stepped
Parliament or State which case the law shall out
powers, yet be
in
substance Legislature has ultra
hasapparently acted
1. 2011 (3) and
2. 2011 (3)
SCC 1 reality it
infringed the
SCC 139.
 CERTAIN
PRESUMPTIONS AND
onstitutional limits, the law
CONSIDERATIONS IN INTERPRETATION 1
The doctrine or so
made
annot do colourable
indirectly what youlegislation
is termed as
colourable
relates to
the cannot dolegislat
is based on

Therefore, ncompetence. It directly". maxim

n such cases thehas
nothing to do withThe colourable legislati0n
bad faith or evil
substance and
examine the true court shall apply the moive
but not the mouve because nature, character, objectdoctrine of
pith
and purpose ot and
motive is irrelevant. 1aw
Repugnancy between Central and State Law
Both Parliament and the State
laws on the
subjects assigned Legislatures
competent to mak
to them
are
Parliament laws on the entries in under the Constitution. 1ne
can make
the State Legislatures can
make
List-I, i.e., Union List whereas
List. There 1s a third list laws on the entries in
List-ll, Le., State
also called List-1l or
subjects ot which both Parliament and State Concurrent Last on
e
law enacted by Parliament is Legislatures may enact. Tne
often referred to as Central Law and the law
made by the State Legislature is called State Law. Since
the Parliament as
well as State Legislatures are
competent to enact on the entries in List-lll,
i.e., Concurrent ist, the possibility of inconsistent enactments cannot be
ruled out. It is quite likely that certain provision of a State Law is in conflict
with the provisions of Central Law on the subject matter. Article 254 (1) of
our Constitution provides for meeting such a contingeney. It lays down that
in case of repugnancy or conflict between the State Law and the Central

the latter shall the former shall be void to the extent of

prevail and
Law,
repugnancy. between a
254 (1) applies only when
Article
there 1s an
inconsistency
mentioned in Concurrent List.
Law on the subject
Central Law and a State
when
Article 254 (1) may be invoked
between the Central
and direct inconsistency
there is clear
(1)
and the State
Law;
reconciliation
between them;
of
there 1s no scope cannot
(11) the laws

inconsistency
is such that both one can survive;
(iii) the and out or two, only
stand together cannot
harmoniously same field but they
the
statutes occupy the
iv) both without
collision.

field Article 254

in the
same
provided by
operate to exception Central Law
Subject and a
of r e p u g n a n c y 1s between a State
Law L a w shall prevail
The rule
c a s e of contlict
t h a t in
i n Concurrent
List, the State
India. In
other words,
if
(2). It says
the President of r e c e i v e d his
enumerated

a n d has
a s s e n t e d by
subject
o n any
State if it
was
tor t h e assent
O Fresident Law,
notwithstanding

in t h a t reserved
Central
override
such law
Law was an
inconsistent to
state
a over
1s
competent brings
prevail Parliament

1t s h a l l
P a r l i a m e n t

the It the of
extent
assent, However, s u b j e c t matter to the
repugnancy. same void
the shall
be
the a new
law on
State
Law
enacing the
Dy enactment, Law.
new Central
out a new
such
with
repugnancy
 NTERPRETATIoN OF STATUTE5

Corporation
of India it
the law made by the
Insurance
n Banatuala & Company
pany v. Life Insurn
v. Life
between
was held that the cquestion of repugn
that the ay arise in Cases
Parlin 1egislature
Parliament and the law mnde by the Stat field with respect et. to one of the
when both the seen betweer
legislations occupy the sat irect Ccontlict
enumerated where a i r e
e
the r s
two.
in List II and
held that the
it w a s
ln Girnar Traders v, State of Maharashtra,
y are competent
when both the legislaturesthe S t a t e laws,
ses only
legislate in the L.e, when both,
the Union and
,
relate
t e toa
subject n1
to a subject in List I I
suatue
resumption as to territorial operation of the
It is territorial in its operation. In
other word h hat the legislation is enacted by a Legislature
would
umption is that the law
withi the territorial limits of that Legislature only Ala
operate within
operate

in the territory ot India

r i a m e n t can be given effect to only
n c e the jurisdiction of Indian Parliarment is confined to terrion
ne country. The Legislature of one country cannot call on the sujec
another country to appear before its tribunals because he has never been
within their jurisdiction. The ordínary principle of construction 1s that a
Legislature is dealing with the subject-matter which is situated within its
own jurisdiction. It should
territorial the
be presumed that effect and
operation of an enactment is restricted to those subjects o whom the
Legislature has authority and from whom the Legisla n expect
compliance. Obviously, Legislature of one country cannot h prity oveer
the subjects of other country Acitizen of Indiais b y the
Constitution of India and controlled by the laws e Indian
Parliament. A foreign law cannot b e d to a subjec a, neither
punishment can be imposed accordir th foreign lay Subject is
not under obligation to obey a f law. Theref Acts of a
Legislature are intended to apply to
occurring realm and
not beyond it. All laws are presume territoriall anguage of
an enactment may indicate a contr tãon, buti nce of an
such intention, it is presumed that uteappli acts withb
realm of the Legislature. As Jegislati amed tg
the
limited to those persons, propery ar inthe t T whic
Parliament enacting the law has
j nles
ex
same
provided in the language of a stat y
implication.

territorial nexus
Theory of
TheConstitution of India di
Article
Union and the State. By part
lawe for the whole or any for
Legislature to make laws
me
(2) provides that no law