I.
INTERPRETATION OF STATUTES
According to Salmond, interpretation of statutes is the
meaning of
process by which the courts seek to ascertain the
legislation through the medium of the forms in which
expressed") In other words, when applying a law passed byit is
legislature, the COurt seeks to give effect to the Words the
the legislature in the same sense as was intended by by used
legislature(It is the function of the legislature of make the law the
that of the courts to interpret and apply Such laws. and
The following are the important rules of interpretation
statutes generally followed by courts in most legal systems.
1. The Literal Rule of Interprettion
Under this rule, a Judge is bound to apply the law as it is
worded. The words used in a statute (that is, an Act passed by
the legislature) must be literally applied; nothing can be added and
nothing can be subtracted. This is also referred to as litera legis.
that is, the literal construction of the law. When this rule is followed.
the Judge cannot look beyond the litera legis.
As a rule, Judges have to follow the letter of the
are not at liberty to add or subtract or modify the law. They
law only because they feel that the sententia legis letter of the
(intention of the
legislature) is not completely or correctly reflected in the words
used in the stature.
However.(there are occasions where such a strict and
literal
interpretation of an Act may have to give way to a free or
functional interpretation, because ultimately, the
lies in its spirit and not in its essence of any law
follow other rules of interpretation letter.
In such cases, courts may
(also called rules of construction)
discussed below.
(As observed by Lord
material of which the fabric isDenning, a judge must not alter
woven, but he can - and shouldthe-
iron out the
creases.
2. The
"Mischief" Rule of
Under this rule, a JudgeInterpretation
before the Act was passed to may look at the law which
intended to find out what prevaked
in the Act remedy. The Judge can
in such a then "mischief Act was
the
advance the remedy. way as to Suppress interpret the Words used
the mischief and
is Thus, the Bombay High
Actrelevant
was
and material to Court has taken the
view that, if it
passed, the court coonsider the
circumstances
may look at the in which an
debates which took
place in the legislature before the Act was passed. Similarly, the
Statement of Objects and Reasons of the Act may also be
considered when interpreting the provisions of the Act.
Sociis
4. The Rule of Noscítur a
The Latin maxim, Noscitur a sociis, has been translated by
Lord Macmillan as: The meaning of a word is judged by the
company it keepS. Henry Fielding expressed it in almost identical
Words: A Word is known by the company it keeps.
Applying this rule, if the meaning of a word used in a
particular section of an Act is not clear, the Judge must look at
the rest of the section in which the same word appears. He may
used even
also ascertain the context in which the same word is
a reference
in other sections of that Act - and in somne cases,
the same
may also be made to earlier legislation dealing with
used.
subject-matter where the same word had been
interpreted in
This doctrine ensures that no Word is to be
broader context in
isolation; rather, it should be interpreted in the
which it appears.
exclusio alterius'
4. The Rule of 'Expressio unius est
specifically
This Latin maxim lays down that if one thing is
mentioned, by implication, other similar things are excluded. Thus,
in one section, an Act uses the word "children", and in another
if
intent would be that the
section, it refers to "boys", the legislative
- but only to boys.
latter section_does not apply to all children
5. The "Golden Rule" for avoiding absurdity
be ambiguous.
(Often, the words used by the legislature mayinterpretation
narrow rule of is
In many cases, if a strict and logical defect may have
applied, it would to absurd results. Such a
created by bad drafting or by accident or by a slip or
been at.the wrong place! As
Oversight - or even by placing a comma
appears in the language
observed by Lord Denning, where a defect hands and blame the
simply fold his
Of a statute, a judge cannot
draftsman. can be
cases where certain words
In such cases, that is,
absurd meaning, the courts would
given a sensible meaning or an alternative. As observed by Lord
naturally lean towards the first
about a startling and
Reid, "When one interpretation brings
inequitable result, this may lead the court
to seek another possible
interpretation which will do better justice."
Applying this principle, courts have held that the word may
used tD an Act may properly have to be construed to mean 'shal.
Likewise, the word 'and has sometimes been interpreted to mean
courts feel oblioss
"or - and vice versa. In all Such cases, the
to interpret the statute in such a way as to avoid "outrageous
injustice".
The "Golden Rule' has been applied by the courts, inter alia
in the following circumstances:
when there is an ambiguity in the words used by the statute:
when there is an ambiguity between two provisions in the
same statute;
when there is a clerical error in the statute;
when the legislature has not made a provision in the statute
for that particular situation which is before the court.
Lord Denning is the generally accepted champion of the
theory that lays down that a purposive - rather than a literal -
construction should be used when interpreting the language used
in an Act. In his own words,
We sit here to find out the intention of Parliament and
carry it out, and we do this better by filling in the gaps
and making sense of the enactment rather than by
opening it up to destructive analysis."
NTRODUCTION
Legislative materials are the
various Ats
andthe State Legislatures and includepasses y
Patiaet
regulations, notifications and odiatvs, 1ules,
orders issued by the
andpublishedin Governnent Gazees GveufTt
Anact usually consists of the following
diffetertps
1. Short Title
TheAct is known by this title. It is
the first section of the Act. It also generaly mentorsss in
of the Act. appearsat the tejinning
2 Official Citation
Every act is officially referred to by its
and the calendar year in which ít was indiviual serial Dunber
the official citation of the paSIA0 Pot eranple,
1993is "No. 10 of 1994" Protection Hurnan Rights Act,
of
3. Long Title
Every act is enactedwithaspecific purpoBe which is
n brief in the long title. For exanple the stated
ong title of the
protectionof Human Rights Act 1993. 1s "Anact to provide
1or the constítution
C of the National Human Rights
Commi ssion and matters connected therewith or incidental
theteto.It generally appears below the legislative nurnbers
ard before the
sections.
Date of Assent
The date on which the Bill received the assent
of the
President. For example. in case of the Human Rights ,Act 199,
the date of assent is 8h January 1994.
Preamble
This is the introductory part of the statute. It states the
Comprenensively
reasons and intent of the Act more
the long title. The Preamble expresses the scope, object and than
purpose of the Act.
Enacting Formula
sthe legislative authonity of Parliamenttand usually
It embodies the
example. in
proceeds the first section of the Act. For formula
Protection of Human Right Act the enacting is: "Be
fourth year of the
it enacted by Parliament in the forty -
Republic of India".
7. Date of commencement
This is the date on which the Act came into force. It appeare
For
either in the footnotes or under section 1 of the ACt
example, the date of commencement of the Protection of
Human Rights Act is deemed tobe the 28th day of September
1993.
8. Extent
This is the terrntorial area in which the Act is applicable.
9. Sections and Sub sections
An act is divided into numbered parts called sections. Each
section is then sub-divided intoclauses called sub-sectioS
