1

1. MEANING OF INTERPRETATION OR
CONSTRUCTION OR STATUTE MUST BE
READ AS A WHOLE
(INTENTION OF THE LEGISLATORS)
[MOST IMPORTANT]

SYNOPSIS:

A. Introduction

B. Definition and Meaning of Interpretation

C. Importance of Interpretation

D. Differences between Interpretation and

Construction

E. Rules of Interpretation

I. Intention of the legislators

II. Statute to be made effective and workable

III. Statute must be read as a whole

IV. If statutes meaning is plain, effect must be given

V. Appraisal of the principle of plain meaning

VI. Morality and Interpretation

F. Conclusion
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A. INTRODUCTION: 4. Justice Hidayatullah defines Interpretation as a rule
Modern Statutes, drafted by legal experts, are of construction of statutes that the judicature, in
expected to be perfect so that there is no necessity for their interpretation, have to discover and act upon
interpretation of such statutes. But in practice, the the meaning or sententia legis (logical meaning).
Courts spend much of their valuable time to ascertain Normally, Courts do not look beyond the litera legis
the true meaning of inconsistent and ambiguous words (literal meaning).
in such statutes.
5. In Seaford Court Estates Ltd. Vs. Asher, Lord
Thus when perfect drafting becomes a remote Denning has observed “A Judge must not alter the
possibility, the alternative way is to formulate rules of material of which the Act is woven but he can and
interpretation. The age old experience and process of should iron out the creases”.
interpretation have led to formulate certain rules of
interpretation so that the judiciary and the lawyers 6. In Tejkumar Balkrishna Rula vs. A.K. Mohan, the
co ul d av oid s pe ndi ng th e ir val uable time in Court explained interpretation as follows: “The Court
interpretation of statutes. must interpret the law as it needs. While a purpose
interpretation is permissible, where two
B. DEFINITION AND MEANING OF ‘INTERPRETATION interpretations are possi ble, the purposive
OF STATUTES’: interpretation must be such as it preserves the
1. Salmond defines - Interpretation is a process by which constitutionality of the provision”.
Courts seek to ascertain the meaning of the
legislations. Such interpretation is through the 7. In Nathibai vs. Maheswari Samaj Ramola Trust,
medium of authoritative forms in which it is expressed. the Court held “interpretation means that it is not
open to Courts to curtail or enlarge the provision
2. Cross defines - Interpretation is a process by which beyond obvious meaning. Interpretation has to carry
Courts determine the meaning of a statutory the object and meaning without destruction”
provision. It is for the purpose of applying it to the
situations before them. C. IMPORTANCE OF INTERPRETATION: (VALUE OF
STUDY OF INTERPRETATION OF STATUTES)
3. Prof. Gray defines – Interpretation is a process by which
a Judge constructs the words from a statute book. He In modern times, the Acts and Rules are drafted by
constructs a meaning which he believes to be that of legal experts and while drafting, they take maximum
legislature or which he proposes to attribute to it. effort to use the correct language so that the meaning
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is not vague and does not give room for interpretation. Construction, on the other hand, is merely
However, while applying the law, quite often, difficulties drawing of conclusions in the spirit of law and not
arise to know the meaning of the words used, as words merely its letters. It is drawing of conclusions
tend to have different meanings in different contexts regarding subjects that lie beyond the direct
and circumstances. expression of the text. Such conclusions are drawn
from elements known from and given in the text.
The will of the legislature is expressed generally in
the form of statute and it is for the Court to find out the 2. The second school of thought is that the distinction
real intention of the legislature from the language used between interpretation and construction is only of
in the statute. Thus the need for interpretation/ academic importance, but in common usage both are
construction becomes necessary. understood as having the same significance.

However the Court is not expected to interpret E. RULES OF INTERPRETATION CONSTITUTION) OF

arbitrarily and hence it was necessary to evolve principles LEGAL TERMS (USE OF LEGAL TERMS)PARIMATERIA:
to find out the real meaning for the language used in the
I. INTENTION OF THE LEGISLATORS:
legislature. Thus the interpretation of statutes has
developed in a large way, to be studied separately. 1. The conventional way of interpreting a statute is to
seek the ‘intention’ of its maker. The duty of
According to Cooley, Interpretation is “the art of judicature is to act upon the true intention of the
finding out the true sense of any form of words;” ie., the legislature. If a statutory provision is open to more
sense “which their author intended to convey;” and of than one interpretation, the Court has to choose that
enabling others to derive from them “the same idea interpretation which represents the true intention
which the author intended to convey”. of the legislature.

2. Words, in any language, are not scientific symbols

D. DIFFERENCES BETWEEN INTERPRETATION AND
having any precise or definite meaning. Hence
CONSTRUCTION:
language cannot convey one’s thought fully or
1. One school of jurists say, Interpretation is ‘the art of perfectly. It is impossible even for the most
finding out the true sense (meaning) of any form of imaginative legislature to foresee fully the situations
words i.e., what the author intended to convey and and circumstances that may emerge after enacting
of enabling others to derive from them the same idea a statute. It is, hence, necessary to seek the intention
which the author intended to convey’. of the legislature.
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3. The problem of interpretation is a problem of meaning 6. The intention of the legislature thus has two aspects.
of words. “Words and phrases are symbols that The first is the concept of ‘meaning’ it conveys and
stimulate mental references to referents”. Words of the second is the concept of ‘purpose and object’ or
any language are capable of referring to different the ‘reason and spirit’ pervading the statute. Process
referents in different contexts and times. of construction, therefore, combines both literal and
purposive (logical) approaches.
There is always the difficulty of borderline cases
falling within or outside the connotation of a word. The 7. “The first and primary rule of construction”, said
legislature can, no doubt, amend or repeal any previous Gajendragadkar J. “ is that the intention of the
statute to declare its meaning as ‘intended to convey’ Legislature must be found in the words used by the
by its maker. This can be done only by a fresh statute Legislature itself”.
after going through the normal process of law making.
8. Words used by the Legislature do not always bear a
4. Some words have both a ‘hard central core’ of meaning
plain meaning. In case of doubt, therefore, it is always
and also a “penumbra, - a dim fringe”. Cases falling within
safe to have an eye on the object and purpose of the
or near to this ‘fringe’ give rise to a sharp difference of
statute, or reason and spirit behind it. “Each word,
opinion and hence there is difficulty arising out of such
phrase or sentence” observed MUKHERJEA J. “is to
‘fringe’ meaning of words, and hence interpretation to
be construed in the light of general purpose of the
find out the intention of its maker is necessary.
Act itself”.
5. Words which have indefinite ‘referents’ lack in clarity
and precision and hence give rise to controversial 9. The most fair and rational method for interpreting a
questions of construction. The Courts “mould or statute is by exploring the intention of the Legislature
creatively interpret legislation”. They are hence through the most natural and probable signs which
called “finishers, refiners and polishers of legislation” are “either the words, the context, the subject-matter,
which come to them in a state requiring varying the effects and consequence, or the spirit and reason
degrees of further processing. of the law”.

According to the intention of the law makers, 10.“A right construction of the Act”, says LORD PORTER,
judges fill in the gaps, or add certain words not “can only be attained if its whole scope and object
contained in the e nactment. Every process of together with an analysis of its wording and the
construction is a search for ‘intention’ either express circumstances in which it is enacted are taken into
or implicit in the statute. consideration”.
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11.A statute is a creation of legislature. The conventional 14.A bare mechanical interpretation of the words
way of interpretation of statute is to find out the without the concept or purpose will reduce most of
intention of its maker. In other words, the duty of the remedial and beneficent legislation to futility.
the Court is to act upon the true intention of the The freedom of the judges to search for ‘the spirit of
legislature , especially whe n more than one the Act’ is permissible to fulfill the object of the Act.
interpretation is possible for a statutory provision.
The rules of interpretation are not rules of law
12.The main problem of interpretation is the problem of
but they serve as guides only and if no useful purpose
finding out the exact meaning of the words as an
is served by the rules, they can be rejected and new
expression to communicate a particular thought.
rules substituted in their place.
Words of any language are capable of referring to
different meanings in different contexts and times.
The Quarry Owners Association Vs. The State of
Especially in border line cases, language can be Bihar, AIR 2000 SC 2870:
misunderstood. After enactment of legislation, even
Words in statute – Dynamic meaning which gives
the legislature cannot itself interpret; it can only
full thrust and satisfaction to achieve objectivity intended
amend or repeal by separate law making clauses.
by legislature is to be adopted.

13.In some cases, the judges perform creative function

of interpretation by adding certain words and many To conclude, it is expected that the judges should
a time filling in the gaps. This is strictly not correct only assume the role of interpreters and not the role of
from the conservative approach and only search for reformers which belong to the legislators, and if they do
express or implied intention is called for. The so, such decisions can be overruled and nullified
intention of legislature can be found out by the legislators.
meaning of the words and by the purpose, object or
reason and spirit of the statute. II. STATUTE TO BE MADE EFFECTIVE AND WORKABLE:

1. The Courts are strongly against a construction which

However it is not the duty of judges to invent
makes a statute to a futility or nullity. A statute or
something which they do not find within the words
of the text. “Each word, phrase or sentence is to be any provision therein must be so construed as to make
construed in the light of general purpose of the Act it effective and operative “on the principle expressed
itself”. in the maxim: ut res magis valeat quam pereat”.
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2. Every statute is designed to be workable, and the 2. The intention of the Legislature can be found by
interpretation by a Court should be to secure that reading the statute as a whole. The rule is referred
object. to as an “elementary rule”, or a “compelling rule”, a
“settled rule”. One must look at the whole instrument
3. Unless the words were so absolutely senseless, it is
when there is inaccuracy and inconsistency in any
necessary to find some meaning, and not to declare
part of the instrument.
them void for uncertainty.

4. If there are two interpretations and if it narrowly 3. SINHA, C.J says “The Court must ascertain the
fails to achieve the purpose of the legislation, one intention of the Legislature by directing its attention
should avoid such construction. He should accept not merely to the clauses to be construed but to the
broader construction only for the purpose of bringing entire statute”.
about an effective result.
4. Any conclusion that the language used by the
Now-a-days purposive construction is gaining
Legislature is plain or ambiguous can only be truly
momentum.
arrived at by studying the statute as a whole.

The Quarry Owners Association Vs.The State of Bihar,

5. It is the duty of a judge to examine every word of a
AIR 2000 SC 2870:
statute in its widest sense i.e. other enacting
Every word is flexible to give a different meaning,
provisions of the same statute, its preamble, the
when used in different context. Words are not static
existing state of the law, other statutes in pari materia,
but dynamic and Courts must adopt its dynamic meaning
the mischief and other legitimate means.
to uphold the validity of any provision. This dynamism is
the cause of saving many statutes from their being
declared void. 6. The principle that the statute must be read as a
whole is equally applicable to different parts of
III. STATUTE MUST BE READ AS A WHOLE: the same Section. The Section must be construed
as a whole whether or not one of the parts is a
1. The meaning of a certain provision in a statute can
saving clause or a proviso. It is not permissible to
be clearly ascertained by referring to the statute
as a whole in its context, the previous state of the omit any part of it; the whole Section should be
law and other statutes. read together.
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IV.IF STATUTE’S MEANING IS PLAIN, EFFECT MUST BE GIVEN VI. MORALITY AND INTERPRETATION:
(IRRESPECTIVE OF CONSEQUENCES): Like Law and Justice, Morality ie., Moral Standards
of society also plays an important role in interpretation
1. When the words of a statute are clear, plain or
of statutes.
unambiguous, i.e., they refer to only one meaning,
the Courts are bound to give effect to that meaning
To understand morality, it is necessary to know the
irrespective of consequences – whether bad or good. terms namely Law, ethics and positive morality.

2. When a language is plain and ambiguous and admits Ethics evolve rules which are good in themselves.
of only one meaning, no question of construction of a Ethics concentrate on principles affecting man’s conduct
statute arises, for the Act speaks for itself and even and determines the standard of right and wrong. Law
if meaning is strange, surprising, unreasonable, may contain at least minimum ethics and the rules of
unjust or oppressive. Ethics are not obligatory.

Ethics deal with the absolute ideals, but positive

V. APPRAISAL OF THE PRINCIPLE OF PLAIN MEANING:
morality consists of the actual moral standards adopted
1. For a proper application of the rule of interpretation in any community. The morality is enforced by the
to a given statute, it is first necessary to determine sanction of public opinion.
whether the language used is plain or ambiguous.
Sanctions in positive morality are not applied by an
2. ‘Ambiguous’ means a phrase fairly and equally open organised machinery of the State, but only by force of
to diverse and different meanings. A provision is not public opinion. Positive morality determines the upper
and lower limits of the effective operation of law. Law
ambiguous, just because it contains a word which
resembles religion more closely than ethics, because
in different contexts is capable of different meanings.
religion has also a belief that sanction for immoral acts
Ambiguity should not be assumed where there is
will be through the authority of God. Laws prescribe
none.
external conduct of man whereas morals prescribe
internal conduct of man.
3. If the language is fairly and reasonably open to only
one meaning, hardship or inconvenience or surprising Morality helps in development of legal rules and moral
results are no considerations for refusing to give pressures help filling the gaps in the legal system and
effect to that meaning also in the interpretation of statutes.
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Good order is what law, justice and morality demand. This type of interpretation increases predictability
Iniquitable laws are to be resisted and to be disobeyed. of how a contract will be interpreted by a court. These
Morality and law reciprocally influence each other. Morals rules of interpretation favours certainty of legal effect
are the concern of law whether in private or in public. by the application of the known rules of interpretation
of contracts. Such rules of interpretation become
Legal system is concerned with right standards of applicable to the similar contracts and provisions in a
behaviour. For people who have no moral knowledge, consistent manner.
law is the only standard. Law influences public opinion
and conversely public opinion influences the law. The
In this way, when similar types of disputes arise
Law should lay down the right standards appreciable by
which relate to how a contract will be interpreted, these
the right thinking people.
known rules reduce the possibility of litigations between
the disputing parties.
Moral standards have been inherited through
centuries by code of conduct by our ancestors which
are determined by the precepts of religion. To conclude, Legal meaning of Interpretation Clauses
without religion, there can be no morality, and without In commercial contracts, interpretation clauses are
morality, there can be no law. included to express how the parties intend the contract
to be construed or interpreted. They may include
INTERPRETATION CLAUSME IN STATUE OR CONTRACT: particular meaning for the terms in the contract. They
Interpretation clause is a clause inserted in a statute may also displace, alter, add to, clarify or simply restate
or contract declaring that the interpretation upon certain the application of principles of construction of contracts.
words will be as mentioned in the interpretation clause. Like any other clause in a contract, the interpretation
clause must be interpreted as it appears in the contract.
Purpose of Interpretation Clause
In English law, legal documents such as contracts Common Interpretation Clauses
are construed/ interpretated according to known rules Provisions appearing in interpretation clauses
of construction and interpretation. The reasons for commonly provide the following:-
applying known rules of construction and interpretation
of the ambiguous words are based on the public policy 1. Words in the contract that appear in the singular,
that the parties to a contract should be able to ascertain also apply to the plural. So, the contract expressly
the meaning and legal effect of the documents relating provides that a reference to ‘a shipment of goods’,
to a contract with a measure of certainty. would include ‘shipments of goods’.
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2. A reference to a gender, applies to all genders. So, a 10. Interpretation clauses are sometimes included in the
reference to ‘he’ in a contract will also be taken to definitions clauses, or otherwise at the end of the
mean a reference to ‘she’ and probably an ‘it’ . An ‘it’ agreement
may be a legal entity which is not a natural person.

F. CONCLUSION:
3. Words referring to ‘persons’, include references to
legal persons, such as a company, unincorporated To conclude, Interpretation is a process to ascertain
association, rather than just natural persons (i.e. the correct meaning of the legislations. In this process,
human beings). the whole statute, wherever necessary, must be read
and the interpretation must be in such a way to make
4. References to statutes and other laws, are taken to
the statute workable and effective. But if the language
refer to amendments of those statutes or laws from
of the statute is plain and unambiguous, it should be
time to time.
given effect to, even if the consequences result in

5. A reference to a party to the contract includes a injustice, or in oppressive or unreasonable.

reference to ‘successors in title and permitted
assigns’.
MODEL QUESTIONS:
6. Headings to clauses in the agreement are for ‘ease
1. Define Interpretation. Explain the meaning and rules
of reference only’ and ‘do not affect the interpretation
of this agreement’. of interpretation

2. What are the different rules of interpretation?

7. The word ‘include’ will not be interpreted restrictively.
3. ‘A Statute must be read as a whole’ – How far is
8. Headings in the agreement are not to be used to this principle applicable in interpretation.
interpret the legal effect of the contract.
4. Write Short note on: a. Meaning of Interpretation, b.

9. Whether or not an interpretation clause is required Plain meaning, c. Intention of legislators, d.

in any given contract at all, and whether particular Interpretation and Construction
provisions should be included effecting the agreement
should be included depends on the type, nature and
complexity of the agreement. 