INTERPRETATION OF STATUTES

Prof. Pathan's S.P. Law Classes, Pune Page: 3 (Class) 25510256, (Res) 26333908.

1
Qtn. How are
STATUTE AND CLASSIFICATION OF

Statutes classified? Explain the various

kinds of Statutes.
STATUTE

Synopsis
1) Introduction
2) Classification of Statute
3) Conclusion

1) INTRODUCTION-
It also competent to withdraw any law
The Parliament is given the authority of law making. is
from operation at any time. The Parliament is given
the authority to fix the lifetime of a statute. If a

statute lapses the law automatically comes to an

end: The legislature, appoints a future date on which
a law comes into force and açcordingly the law
becomes operative immediately after the date which
date of operation of a statute is appointed, the
is prescribed by the legislature. However where no such
into force from the date on which the President of India gives his
assent.
Act comes

2) CLASSIFICATION OFSTATUTE- ii .i

i) Temporary Statute
ii) Perpetual Statute
iii) Codifying Statute
iv)ConsolidatingStatute
v) Fiscal Statute Arai. indi
vi) Penal Statute
Vi Remedial Statute
Vii) Declaratory Statute

i) TeinporaryStatute: Reseweon/A 3To statute.

statutes are called tempórary
The statute which are in existence for a krnown period such
means the for which the
period statute
These are the statutes for which life period is fixed. period
Life
comes to an
duration for a specific time and it expires or
shall be inforce. Temporary statute has its
is to extend the duration of temporary
end on the lapse of that specified time. The legislature empowered of its life.
an end to a temporary statute prior tocompletion
statute. It is alsó empowered to put

ii)Ferpetua! Statute: statute are

term perpetual' is forever. Therefore, perpetual
dictispary meaning of the
The no pre-decided
forever. No lifetime is fixed they are eternal. There is
those wiich remain inforce *****
end automatically deue to efflux of
statute. They do not come to an
date of temination of perpetual itself by way of
to an end only when they are abolished by legislature
time. Thse stants comes
-----~
of perpetual statute is called repeal.
a1nother statuie. This process of abolition or abrogation
enactig
 INTERPRETATION OF STATUTES

Prof. Pathan's S.P. Law Classes, Pune. Page: 4 (Class) 25510256, (Res) 26333908.
ii) Codifying Statute: IPe, Cpc
Acodifying statute is astatute which présent a detail authoritative statement oftherulesoflaw
n a given subject. A codifying statute exhaustively state theentire law example Civil Proccdure
de, 1908. A codifying statute may be a code only with respect to a particular branch of a subject. It
nay not cover other branches of the sane subject.
V)ConsolidatingStatnte: M URt, MR tA.
Consolidating statute is a statute which present whole body of statutory law on the subject in
omplete fom repealing the former statute.I isa statutewhichconsolidatedvariouslawson a particular
ubject at one place. lt collects all statutory enactment on a specific subject and gives them the form
1 a
eg. Con1panies Act. Aconsolidating Act may be an amending Act. This additional purpose
statute
susually indicated in the preamble, "an Act to consolidate and
Fiscal Statute: amend".
Fiscal statute is also called as Taxing statute. Tax is
The Statute which deals with taxes are imposed by state for generating revenue.
termed as taxing and fiscal statute.
which impose taxes on income or other kinds of Taxing statute are those
transaction. Eg. The Income Tax Act, Gift Tax
Wealth Tax Act, etc. The
object of such statute is to collect revenue from people to run Act,
because tax is the source of income of the state. the Government
The money which is collected
fom of tax is utilized for the welfare from the people in thc
activities of the people.
vi) Penal Statute:
Penal Statue is one which
punishes certain acts or
a
comprehensive criminal code or large numberof sectionswrong. Such a statute may be in the form of
providing
disobedience may be in the form ofpunishment
eg. IPC, CIPC. Penalty for for different
wrongs
imprisonment, death sentence etc.. fine, forfeiture of property,
vii) Remedial Statute: Nfare Lea)sl ahn
*********** ****

Remedial statute are thóse

statute which provide remedy for a wrongful act in the form of
damages or compensation to aggrieved party but do not make wrongdoer liable for any
statute are beneficial to weaker section of the penalty. These
benefit to particular class of society. They are directed towards extending certain
society. Therefore they are also called as Welfare
Dispute Act, 1947, Workmen Compensation Act, 1923, Consumer Legislation eg. Industrial
viii) Declaratory Statute - ***- Protection.Act, 1986 etc.
A declaratory statute
may be defined as an Act to remove doubts
or the existing as to the common law,
meaning effect of any statute súh Acts are held to be retrospective.
or

******

3) CONCLUSION-
A statute means any law,
enactment, act. A statute may generally be classified with reference to
its duration, method,
object and extent of application. The legislature appoints a partiular future date
on which a law comes into force and accordingly the law becomes
which its coming into force is expressly intended.
operative on the particular date on
Where no, such date of operation of statue is
appointed, the Act comes into force from the date on which President of India gives his assent to it.
 INTERPRETATION OFSTATUTES

S.P. Law Classes,

Pune. Page:5-- (Class) 25510256, (Res) 26333908.
Pathan's
Prof.
OFINTERPRETATIN
MEANING AND OBJECT
2
Otn. Explain
OF STATUTE

what is Interpretation of Statute? Why

a statute needs Interpretation? Discuss
the

object of Interpretation
ofStatute?
64 le
Synopsis
Me2e WoTde om pape2
1) Introduction

2) Historical background
Lving to ords en abling' ivin of
of Statute
3)
3) Meaning of Interpretation
laug.
4)
4) Object of Interpretation of
Statute
esey hunan bein
Importance of Interpretation
of Statute
5)
a statute
juc1da is h e arm of
6) Necessity to Interpret
7) Conclusion
Whh makes cus cive ,
NTRODUCTION-
1) three organs of a State as per
welfare state like India there are
In modern democracy and in a
Article 12 Indian Constitution.
The three organs are-
of
i)Legislative- Lawmakingb0dy
maintain law and order
ii) Executive-Law enforcingbodyto
iii) Judiciary -Tnterpretation of Law and adjudicate dispute of in one
these organs so as to avoidconcentration power
The functions are divided between
which has the power of
Legislative branch is the most potent and soverign law making authority
body. divided into two.
law and modifying it. Legislation may be
*****

cnactinglaw, repealing old from supreme orsoveign powers of

i)Supreme Legislation- Is that which proceeds directly
i)
State.
Is that which proceedsfrom any other authority other than soverign
ii)SubordinateLegislation-
authority:
HISTORICALBACKGROUND-
2) and from common law upto the
jurisprudence from romanJaw common law
to
Thejourney of because law does not operate in
vaccum.
the stage ofInterpretation
21 century has always necessitated and Ambiguity in the matter of
a specific purpose. Liberty
Moreover, statutes are created to
serve

of law.
Interpretation leàds to anarchy
MEANING OFINTERPRETATION OFSTATUTE-
3) when any law is enacted it acquires
the
Interpretation means, "duty ofthe legislation ends
It is the duty of the
After the legislation, the statute comesin the hands of judiciary.
shape of statute. of the statute according to the intention the framers of
judiciary to interpret each and every word
which the court Ties to ascertainthe meaningof the
statkiory
statute. Interpretation
is the process by
reads the word containd in the statute and tries to give them meaning intended
provisions. The Court
by the statute.
 INTERPRI
PRETATION OF STA,

Page:6 (Class) 25510256, (Res) 26333%.

Prof. Pathan's S.P. Law Clas_ses, Pune.
as follows, "expound t.the
of the word interpret
The Oxford Dictionary gives the meaning
meaning, make outthemeaningof.

4) OBJECTOFINTERPRETATION OFSTATUTE
legislature expressed by the
The object of interpretation is to see what is the intention ofthe of the legislature
the mind
words used. The words of the statuteare to be interpreted so as to ascertain
from the natural and grammatical meaning of the words which ithasuse
Krishna Project,
ahadev Govind Gharge v. Special Land Acquisition Officer, Upper
Jamkhandi, Karnataka, 2011(6) SCC321
to be construed to
was held that thefobjectbf the statuteis that the provisions of statute are
achievethe ends.ofjustice! advancetheinterestofpublicand to avoid multiplicity oflitigation.
In Sri Jeyaram Edücational Trust v. A. G Syed Mohideen AIR2010SC 671: 2010 (2) SCC
3 1t 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 NOT a t dge tink. 1
to be.
e d seL
5)
5) IMPORTANCE OFINTERPRETATION OFSTATUTE-
Interpretation is an inevitable process in reading of the law. Interpretation involves application
of the logical
rule, principle and methods evolved bythe Court through practice of years. Interpretation
of Statute is not
only necessary but is an obvious happening in legal learning. The complex nature of
the modern day statute
require a careful application of these rules of interpretation. A detailed analysis
of moderm case law, shows that in
every case the judges have applied the basic rules of interpretation.

6) NECESSITYTOINTERPRETASTATUTE-
The necessity to interpret a provision arises only if the words used in the
The term ambiguous means language are ambiguous.
uncertainty. When a word has a doubtful sense or uncertainmeaning and if
it is open to more
than one meaning it is said to be ambiguous example -

i) Award-
a) Award means prize, which a person has received for his
b) Decision of Court example the labour court
bravery, intelligence.
ii) Current-Current means
passed
an award in favour of
Complainant.
..a) the present time
b) flow of electricity c) Common or general use
metal.
example current coins are made of
ii) Plant-
a) An industrial set up to generate some commodity on
large scale example there is themal
power plant in Koradi near Nagpur.
b) Living organism smaller than tree c)Equipment and
When the words of a statute are clear, precise institutions.
effect to that and plain then the Courts are bound to
meaning. The rules of interpretation applied only when there is a doubt give
plain words there is no necessity to invoke any ruieregarding
language and meaning used. In case of the
the intention of to ascertain
legislature.
 Prof. Pathan's S.P. Law Classes, Pune. Page : 7
INTERPRETATION OF STATUTES

(Class)
C.I.T, (2003) 5 SCC 590 the said 25510256, (Res) 26333908.
In Randian Chemicals Ld. V.
by Supreme Court by holding that the rules
of question
has been answered
doubt with regard to the express interpretation
would come into
play only if there is any
language used. Where the words are
for importing any rule of interpretation. f unequivocal, there is no scope
In Tata
Consultancy Services v. State of A.P. (2005) 1 SCC 308 the
that a court should not be overzealous in searching Supreme Court
that it is furthermore trite observed
in words which are plain. ambiguities obseurities
or

In
ExecutiveEngineer No. 4 BRLBC Division, Shrimoga v. Lokesh 2003 IIi CLR
126 (Karnataka
High Court)(D.B.) the Division Bench of Karnataka HighReddy, Court held that such
necessity arises, if words in a statute are susceptible to more than one construction. In case of plain
words there is no
necessity to invoke any rule to ascertain legislative intent.
a

7) CONCLUSION- .

Laws are enacted by the legislature with definite

of certain language. Hence,
object. "The legislature makes law in the form
every law finds its expression in the language used by the legislature. The
Judiciary is supposed to administer justice according to the law and therefore the
language of the
statuteis to be understood in its true sense. If the words are clear then they express clear intention.
But if the words give more than one
meaning its comes ambiguous. In such cases when the words
become ambiguous it becomes necessary to
ascertain the correct meaning of the word. This process
by which the Court tries to ascertain the meaning of legislation is called Interpretation of Statute.

object
Reto g) Sa
Intenho D aid muwhpheihy
legisatuve ofSut hh g«tidnt
efet. achjae juotit
elVcnL publs e 1)de9

U10r m, -|
JSfi
Se cir
for dests
-
.
L Puh iottuit favekiss
 INTERPRETATION OF ST

(Class) 25510256, (Res) 263339

Pune. Page:8
Pathan's S.P. Law Classes,
Prof. INTERPRETATION OF
GENERAL PRINCIPLE
OF
MEANING OF THE
CONSTRUING THE
3 STATUTE
WORDS

of interpretation of statute?
Discuss in brief the general principles
Qn.
Discuss the golden rule of interpretation of statute?
n. What is interpretation of statute?
with decided cases?
Qtn. Explain literal rule of interpsetation case?
Examine the miscihief rule with special reference to Heydon's
Dn. Discuss the general principle of
Qn. What do you mean by statutory interpretation?
Interprelation?

Synopsis
. Introduction
2. Meaning of Interpretation of statute
3. Object of Interpretation of statute
4. Distinguish between Interpretation and Construction
5. General principles of Interpretation
a) Literal or grammatical interpretation
b) Lieral or logical interpretation
c) Golden rule of interpretation
d)
Mischicf rule of interpretation
e) Statute must be read asa whole
Statute to be construed to make it effective and workable
gThe omission not to be inferred
h) Every word in a statute to be given meaning
6. Case law
7. Conclusion

1. INTRODUCTION
The legislature is presumed to know not only the general principles of law but also the construction
which the Courts have put upon particular statutes. Where the meaning of statute is ambiguous and
capable of more than one interpretation and one view accepted by the highest Court has stood for a
long period. The Court could normally be reluctant to put upon adifferent interpretation.
Tojustify
the reversal of a decision of the highest Court which haa prevailed for á long time, there should be
some exceptional reason. When the rules of law are clearly pYonounced and established by the Highest
Court they should not be likely disregarded and set aside, but they should be followdl. This is
known
as the principle of Stare Decisis It ensures that the
law is tixed, definecd kjOwI and therefore a
and
decision on question of law should be held to be binding not only on parties thereto but even to
strangers. f n
auoneinovs ak law is
So hhat .
 INTERPRETATION QE STATUTES

Prof. Pathan's S.P. Law Classes, Pune. Page :9 (Class) 25510256, (Res) 26333908.|
2. MEANINGOFINTERPRETATIONOFSTATUTE
Interpretation is the process by which the Courts seek to ascertain the meaning of particular
Iceislation. By interpretation or construction is meant, the measure by which Court seek to ascertain
the
the intendment of the legislature. Interpretation is a process by which the court tries to ascertain
statute and tries to
meaning of the statutory provisions. The court reads the words contained in the
of the statute. Concept of interpretation has been very
give them a meaning intended by the makers
for more than a decade.
important in legal learning and understanding
Salmond- to ascertain the meaning of the legislation
"Interpretation is the process by which the Court try
which it is expressed".
through the authoritative form in
Cross
Court determine the meaning of statutory provision
Interpretation is the process by which the
situation before them".
for the purpose of applying it to the
Gray which a judge constructs from the words
of statute
Interpretation of statute is the process by
to be that of the legislature or
vwhich he propo[es to attribute
took meaning,
a which he either believes

to it.
Keeton-
the statute is two folds-
Tie iunction of Judge in interpreting of what the legislature has actually
said.
Firstdy, he has to decide the exact meaning
said or ought to have said.
he must decide what the legislature intended to have
J Sècondly

3. OBJECT OFINTERPRETATIONOF STATUTE Rules are and it

enacted laws especially the modern Acts and drafted by legal experts
Today, or construction. it
that the language used would léave little room for interpretation
Would be expected words,
and lawyers busy in unfolding the meaning of ambiguous
is quite often that we find Courts
expressions andrésolvingincónsistencies. be certain, uniform and predictable.
.There are three attributes of law-Lawmust of application of
etfect to a given situation. The process
The enacted law must be given proper, legal
or construction.
formulation of certain rules of interpretation
enacted law has led to the is to determine what intention
interpretation of statute
According to Maxwell, theobjectofalB used, so far as is necessary for
imp
ed
implicating by
or language
the
either expressing within it.
1S Conveyed, to the interpreter falls
case or atate of facts presented
determining whether the particular

INTERPRETATIONAND CONSTRUCTION
4. DISTINGUISH BETWEEN former is the art of finding
"Interpretation differ from constructionin the
According to Cooley sense which their
author intended to convey them
true sense of any form of words that is, the
out the
theauthor intended to convey.
the same idea which of conclusions, respecting subjects
that lie beyond
Construction on the other hand, is the drawing Conclusion which
from and given in the text.
of the text from elements known
the directexpression
nct intending letter ofthe law.
are in the spirit thougli academic and erroneous.
$2hat this distinction is merely
Some ofihe wricrs
 INTERPHETATION OF STAT
Prof. Pathan's S.P. Law Classes, Pune. Page : 10 (Class) 25510256, (Res) 263339
According teWhite J. as to distinction between particular construction and interpretationt.
that
there may be some abstract distinctions between the two which cannot be doubted but in commo
mon
usage interpretation and construction are usually understood as having the same significance.
The statute is to be construed according to the of legislature
intention ofstatutory provisionsis
opened to more than interpretation, which represent the recognition of legislation. The task is quite
ditficult because.the words in an averagedoes not have any definite meaning. Hence the language is
likely to be misunderstood, e.g. word 'insistence
Secondly it may not be possible for the legislature to foresce the emergency arising in the
future.

5. GENERALPRINCIPLES OFINTERPRETATION
a) Literal or
grammatical interpretation
ltisa cardinal nule of interpretation that the provision of the statute to beconstrued.literally or
grammaticaly by giving words in their ordinary and naturalmeaning. The literal rule of statutory
interpretation demands that if the meaning of statutory interpretätionis plain, the Court must apply it
as it is, regardless of the resul:-The Court cannot add words to a statute or read words into it, which
are not there. The
every word, in which a particular enactment is expressed, the litera scripta or letera
legis constitute a part of law. It is an elementary rule of construction that the language used in a
statute must be construed in its(grammaticalsense) It is not competent to a judge to modiy the
language of an Act in order to bring it in accordance with his own us as to what is right and reasonable.
S u d

naedi
y
When the phraseology of an enactment is clear and unambiguous and capäble of one and only one
interpretation,it is not open to the Courts, to go beyond the words.
It is first and primary rule of construction that the
the words used by the legislature
intention the legislature must be found in
of
itself.In constructing thestatute it is to.construe its provision
literally and grammatically and giving thewords their natural and ordinary meaning. The words of the
statute are first understood in their
natural, ordinary or popular sense and phrases, sentences are
construed according to their grammatical
meaning, unless that leads to some absurdity or unless
there is something in thé context or in the
öbjectof statute to suggest the contrary. Thus the intention
of the legislature must be found in the words used by legislature itself. The Court has to see what has
been said and not what should have been said. If the words used are
capable of one construction only,
then it would not be open to the Courts to adopt any hypothetical construction on the ground that such
hypothetical construction more consistent with alleged object and policy of Act. The words sed in
the material provision of the statute must be interpreted in their plain grammatical meaning and it is
only when such words are capable of twoconstruction that the question of giving effect to the policy
,or the object of the Act can legitimately arise.
According to Lord Brougham " if the lauguage used has a natural meaning we cannot depart

from that meaning unless, reading the statute as a whole, the con:ext directsustodo so. This principle
of interpretation is also known as "positivism interpretation." Accordingto itthe judges are having
no discretion and no liberty. This principle was recognized by Roman Jurists and supported by many
English Jurists and Judges in their decisions. The context in which he particular words have becn
used should also be taken into consideration. Literal interpretation dves not give any scope to the
Judges. According to Salmond mostly in all ordinary cases grammatial nierpretation is_the sole
IOrTm or eriteriaallowed. The primary function of the judgeis tointe W as it is.
 INTERPRETATION OF STATUTES
rof. Pathan's S.P. Law Classes, Pune.. Page: 11 (Class) 25510256, (Res) 26333908.
According to Dias in order to understand the literal rule we must have in mind the
followingfive explanations:
to keep
1. The statute may itself provides a special meaning for a termm, which is usually to be found in the
interpretation section.
L. Technical words are given their ordinary technical meaning, it the statute has not specified any
other
Words will not be inserted by
implication.
4 Words undergo shifts in mcaning in the course of time.
b. Finally, and by no means the least,itshouldalways be rememberectthat words acquire significance
from their context.
There are two exceptions to literal
interpretation-
a) Where the letter of the law is logically defective and fails to give definite, coherent and complete
1dea which is known as "Logical defcctiveness".
b) According to Salmond, where the text reads to a result of unreasonableness and it is clear that
the legislature could not have meant what it has said. Clerical eror in the text, reference to
soction by wrong number, omission of ncgative in some passages, ctc. are examples of such
result of unreasonableness.
OgIcaldetectiveness and unreasonable result are thus two exceptions to literal interpretation
of statute.
TheLogical defectiveness includes- m e h c aagadly

i) Ambiguity undeat mn8

ii) Inconsistency Ae amA a l e k o n
e
ii) Incompleteness LRen epeRagm
Kelaked
Tert
/wnmo.

i)Ambiguity:
There can be conceptual ambiguity i.e. Ambiguityinthe legaltèrms itself. viz. Definition of,
public servant.' u/s 21 and 'good faith ú/s of .P.C. This ambiguity also known' as Semant

Ambiguity. A statute instead of meaning one thing may mean two or more different things. In such
a

case it is the duty of the Court to go behind the letter of. the law and seek to ascertain from the other
sources its true meaning Whereas.sometimes the words used&/or e.g. A &B,A/B creates doubt.
like
This ambiguity is knowhSyntactic Ambiguity, which arises from the ambiguity of formal words
'or', 'an', 'all',etc.
solutiorn
In all such ambiguity whether conceptual or Semantic, the letter of the statute provides no
and it is the right and the duty of the Court to go behindthe letter of the law and to ascertain from other
sources the intention of the legislature.
3o
dows If the letter of the lawislogicallydefective, itmustbe pleaded logically perfectodwherctherc
the defective tèxt, the Courtmust ascertain ànd give
i sgenuineand perfect intention lying behind
effcct to the intention of the iegislature. WhereliteralconstrUctionproducesabsurdorunjustresults
from the meaning so as to give the
the Court sl:ouid construe the statute even at the risk of deviating
in accordance with the intention of the legislature.
provision ef a siztute, a just and rational meaning
m

Dshtnedy S110 ffC

 INTERPRETATION OF STK
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(Class) 25510256, (Res) 2633
Prof. Pathan's S.P. Law Classes, Pune.

ii) Inconsistency
Inconsistency where the meaning of the word lack uniformity. having mo
A law instead of having m

IIcaning than one, may have none at al1, the different parts of being
its repugnant so as to destroy cach
of law accordinglv
to correct the lelter the
CIS STgniticance. In such case it is the duty of the Court detect is lound. c.g. the
1s a logical defect. Generally when the Law provide two alternatives, logical
nition of "Family" in Ceiling laws and definition of Essential Commoditicsunderthe Essential
Commodity Act, 1955)
iii) Incompleteness:
According to Salmond, the text, though ncidher ambiguous nor inconsistent, may contamed some
a , Which prevents it from' expressing any logically complete idca. c.g. where there are two
datve cases, law may make provision for one of them and remain silent as o the other. Such
omissions, the Court may
lawfully supply by way of logical interprclation.
Case law:
1)InS. Narayanswami V/s G Panneeoselvam, A.I.R. 1972 S.C., 2290 Supreme Court held that
Where the
meaning of statute is clear and explicit, words cannot be interpolatcd. In West
Minister Bank Lid. V/s.
Zang, 1966, A.C. 181, it was held that the Court must reduce the
mtention
of parliament the words ased in the Act.
from

ii ln A. K. Gopalan V/s State of Madras, 1950, the

Supreme Court of India has
interpretation tothe Preventive Detention Act and declared it as Constitutional. applied the
took the law as it is Supreme Court
passed by the legislature and Austin's positivism theory was applied in this
case. Such literal
interpretation of statute causces some times injusticc and hence not acceptcd
by some of the Jurists.

iii) In S. K. Srivastava
V/s. Dy. Registrar [Examination), University of Allahabad,
All 106, the High Court held in this case that if AlR, 1998,
laken in a particular manner, it is to be done in that
any statute próvides particular thing to be
a
manner alone or not at all, and if it is
not done
in accordance with the
provisions of the statute, the action or order passed is vitiated and becomes
unsustainable.

b) Logical / liberal interpretation of statute

This kind of interpretation gives discretionary power to the Court, which is an
according to the intent, departs from the letter of the law and goes beyond the languageinterpretation
uscd in the
statutc for ascertaining its meaning. This rule is adopted when grammatieal interpretationlcads to
some absurdity or inconsistency. In such cases, t is a duty of the Court to discover and
the true intention of the
give cffcct to
legislature i.e. the men or sententia legis.
According to Salmond, it is the duty of the Court to discover and to act upon the tue intention
of thc legislature i.e. the men or sententia legis. The essence of he law lies in its spirit and not in its
ietter for the letter, is significant only it has been external manifëstation of the intention that underlies
it. Generally in all ordinary cases, the Court must be contents to accept litera legis ie. language and
wards as exclusive and conclusive evidence of the sentertegis.The Court must continue to
******
 INTERPRETATION OFSTATUTES

of.Pathan's
S.P. Law Classes, Pune. Page: 133 (Class) 25510256,(Res) 26333908.|
observethatt the legislature has said what it meant, and meant what it has said.
t would be dangerous
he
make the object to the legislature a ground for construing an enactment which in itself is
unambiguous.

According to this rule, the Court must not go by words used in the statute but to take into
consideration the historical facts, needs ofthe society and the necessity,of the statute while interpreting
the statute. This nterprelation is thercfore sometimes also called as historical or sociological
interpretation or purposive nterpretation. The sociological judges have given more emphasis on
The judges shall consider the intention of legislature and also the necd of the society.
As per this ule of interprctation -
Words cannot be properly understood without putting them in thc context in which they were
used.
2. The words are the poor substitute of our thoughts and thercfore strict adherence to rule of
literal interpretation may cause ifjustice.
Generally when there is doubt of meaning of any words used in the text or context, logical
intcrpretation is useful. The words used by legislation sometimes do not containaplain meaning and
hence in case of doubt, it is stated that to have an eye on the object and purpose of the statutc Or to
consider the reason and spirit behind the statute. A statute is best understood if we know the reason

behindit.
Caselaw
In Bhopal Gas tragedy casc which also known as Charanlal Sahu V/s Union of India, A.I.R.
i)
1990, SC, 1480, Supreme Court held Central Government liableto give interim relief to the
victims of Methyl Iso-Cyanide gas in accordance with the spirit of Bhopal Gas Leak Disáster [
Processing of Claims ] Act, 1985 ******* '******

In Smt. Sarla Magdoom V/s Union of India, AIR, 1995, SC, 1531, it was held that a second
mariage after conversion to Islam of a Hindu who was already.maried though not 'strictly a
void maniage under *"TheHindu Marriage Act, 1955° was yet void being against the spirit of
the statute

ii) in Maneka Gandhi V/s Union of India, 1978, SC, by majority has over-ruled the.literal
interpretation of statute or constitution in A.K. Gopalan and held that no article in the
Constitution to be read in isolation. There is interlink of one article with another article and

principleof natural justice is infringed by the Government.

e)Golden rules ofinterpretation

The Golden Rule departs from its strictly literal rules, in as much as :ccording to the literal rule
the plair, meaning has tobeadhcredto even to the extent of absurdity. It is no doubt, true that it is not
thefznect on of the Courts tofil in gaps and omissions, but in exceptional cases the Courts haveto
peioim:His function in accordance with the Golden Rule of interpretation.
Ading to the literal rule of interpretation ofstatute, the judges can neither add nor delete
.
om the legal provision. The golden rule of interpretation is in the tune with the American
al Realism. Justice Cardozo, the judge of American Supreme Courthas spoken that the
 INTERPRETATION OF STATUTEe

Prof Pathan's S.P. Law Classes, Pune. Page: 14 (Class) 25510256, (Res) 2633390R.
g e s to fill the gaps in legislation and in such cases judges have resorted to tne golden rule of

interpretation.
T golden rule tries to give effect to the spirit of the law and not merely its language. The
g e is merely the body of the law. Statute expresses its spirit through its language. However, the
etation of the language must never suppress the spirit of the law. In order to give eftect to the
tue spirit of the statute, a mere mechanical and literal interpretation of the language is TOL S ffi
ne language or the words of a statute are iust an external manifestation of the intention that underlines
1: cs Maxwell said that the so-called golden rule of construction is a modification of the
literal rule of construction.
1ey sPearson (1857) 6H.LC 61, 106] Lord Wensteydale observed that "In construing
wIls, aeeds, statues and all written instruments. the grammatical ordinary sense of the words is to be
dunered to
unle_s that would lead to some absurdity, or some rcpugnance or inconsistency witn tne
CSt Or the
instrument, in such cases the grammatical, and
so as to avoid the
ordinary sense of the words may be modified
absurdity and inconsistency, but no further
arke 5. explained the golden rule of interpretation in Becks V/s. Smith [ (1836) 2 M, &
1991, 195J: "tisa very useful rule in the construction
of the words used, and to the
of a statute to adhere to the ordinary meaning
grammatical construction, unless there is variance with the intention or
the Legislature to be collected
from the statute itself, or leads to any manifest absurdity or repugnancc,
in such case the
language may be varied or modified so as to'avoid such inconvenicnce, but n0
further"
Case law
i) In Administrator, Municipal
Corporation, Bilaspur V/s. Dattatraya Dhankar &Another.
A.I.R. 1992, SC, 1846, it was observed that the mechanical
construction is altogether out of
step with the modern positive approach. The modern positive approach is to hâve a purposeful
construction that is, to effectuate the object and purpose of the Act.
.*****
******

ii) In A.A. Haji Muniddian V/s. Jndian Railway, A.I.R. 1963, SC, 361, it was held that although
Railway Chims Tribunal Act and the rules do nut specifically provide for the application of
Order 33, of C.PC, there is nothing in the Act or Rules which precludes the Tribunal from
following procedure, if the ends of justice so required.

d) Mischief rule of interpretation

The duty of the judgeis to make the construction of the statute in such a way as shall supprèss
the mischief and advance the remedy.
The Mischief Ruleof Interpretation originated in Heydon'a case in 1584. In this case it wäs
observed by the Barons of the Exchequer that for the sureand tnue interpretationof all statutes in
general, be they penal or beneficial, restrictive or enlarging of the common law, four things.are to be
described and considered.
The mischief rule of interpretation allows the judges to enter into question of policy in
interpreting statute.
1. What was the common law before the making of the Act?
2 What wasthemischief and defect for which tie common iaw did not provide?
 INTERPRETATION OF STATUTES

than's
/ o lP a l h a n ' s SP-Law Classes, Pune. Page: 15 (Class) 25510256, (Res) 26333908.
Whatremedy the Parliament had resolved and appointed to cure the discase of the Common

Wealth?
reason of the remedy?
The true
always to make such construction as shall suppress the mischief and advance the
The Court
to mischiel, advancing mischicf, continuing mischief and hiding mischief
hus, factors adding
rmedy. Thu

suppressed by the court.

to be

of the mischief
-

Effect statute defective and inadequate.

Mischief that makes the
a statute incompetent and ineffective.
Mischief that makes
unable to effectively provide for a remedy.
h)
Mischicf that makes statute
c) defeat the very existence of
the statute.
d)Mischief that

the Court
Remedies to be provided by created by the mischicf.
or defect
Remedy that turies to curt the lacuna
a)
a)

its meaning.
b Remedy that gives the statute true and defective provisiona of a statute.
the inadequate
Romody that gives life to
the real intention of the legislation.
d Remedy that gives effect to case were probably adequate
to deal with the
in Heydon's
Dias, observes that the propositions into new effect
on account of statutes putting
kind of legislation that then cxisted, but today case itself
limited
on a scale much large
than before, Heydon's
social experiments and altogether operation
meet the conditions.
it should be broadened and adopted to
is somewhat inadcquate and
-**** ********** ****.

**

* ******

Case law: enacted the

parliament
V/s. Union ofIndia, 1957, SC, 628, the
i) In R.M.D. Chamanbaughwala the made there under were
provisions of.the Actand Rulès
certain
Price Competition Act.1955,whio were in promoting and conducting prize
competition
challenged by the petitioners engaged Act and
contention was that S.4 and S.5 of the said
The main
under different statutes in India. on business
encroached upon the fundamental right to carry
made under,
Rule 11 and 12 these sections and rules amounted
of the Constitution and that
guaranteedbyArticle19 (1) (g) of the business. Further, the
term prize competition
to prohibition and not merely the regulation success depends on
the Act would include not only Competition in which
as defined in S.2 of
on substantial degree ofskill,
Rejecting thecontention.
chance but those in whichit would depend
had the object ofregulating and controlling
Supreme Court held that S. 2Clause (d) ofthe Act of the Statc
prize. Competition of a gambling natureçhadthere
been an interpretâtiononthe part
to regulate even
in which
those competition depends substantially on skill
success
Legislation that the
done sc. The Supreme Courtfurther held
could have themselves effectively
,they to be controled and regulated bythe Act
are only those in

competitions which were sought is that

substantial degree of skill. In this casc it stated
which success does not depend any
on
in
of the competition, viz., those that are gambling nature
difference between the two classes becn recognized in
was clear cut and had long
and those in which success depends on skill
difference between what is permissible and what is
not
legislative practice. But when the
whole provision îs to be held void.
permissible is not very precise, the
 INTERPRI TATION OF STATUTES aoJd
Prof. Pathan's S.. Law Classes, Pune. P'age: 16 Class) 25510256, (Res) 26333908.1 )

ii) Alamgir VIS. StateofBihar,AlR 1959, SAC436: The Appellant was chargcdunderS.498 of
IPC which provides "Whoever takes or entices away any woman who 1s and whom he knows or
has reason to belieye to be the wife of any other man, from that man, or from any man, with

or conccals or detains with that

ntent that she may have illicit intercourse with any person,
intent any such woman, shall be punished with imprisonment of cither description for a term
which may extend two years, or with fine or with both. "In the present case the married woman
was whether he was detaining her. The
Was living with the Appellant voluntarily. The question
4 clauses viz. taking or cnticemcnt or
Supreme Court observed that the Section contemplates
concealmcnt or detention. Since the first threc calegories arc inapplicable in the prescht casc
marricd women werc bcing derived of her
theliability of the Accuscd depended on whether the
the provision sought to remedy he mischicf of
husband's right of her company. It was held that
wife and accordingly il was enacted with a
depriving her husband and of the company of his
object of protecting the rights of the husband.
Therefore, consent or willingness ofthe wife in depriving her husband of her company is imrelevant
the offence.
and the appellant was responsible for commision of
iii) Ranjit D. Udeshi V/s State of Maharashtra,AIR 1965, SC, 881: Inthis case the appellantwas
prosecuted and convicted us 292 of IPC for possession of an alleged obscene book 'Lady
Chatterley's Lover' written by D. H. Lowerence. The following three contentions were raised
Onbchalfof the appellant:
1. That being imperinissibie and vague restraiit o freedom of speech Section 292 was void.
2 That even if Section 292 was valid the book, considered as a whole, was not.obscene.
That possession and sale to be punishable under section 292 must be with an intention to comupt
the public in gcneral and purchasers of the book in particular.
He contended that theprosecution had a duty to prove guilty mind against him which in this case
is the knowledgethat the book contain obscene material. Further hearguedthat when therc is á
very large munmber ofbooks in a book shop, thenthe shopkeeper is not expected to go through
each boöok and to see to whether some books cotains obscenc literature. Rejecing these
arguments, Supreme Court held that there was no ambiguity in the language of enactment and
that meaning of S. 292.is clear and precise. Further the mischief of Sale of Obscene litcrature
was sought to be remedy by the
provision and therefore the interpretation the given by appellant
wasunacceptable."
******
******* * s e s * e megsssg -***** **.

iv) Paralal V/s Mahader Ramchandra, AlR, 1974 SC, 228 : In this case a charge under the
Prevention of Food Adulteration Act, 1964 was brought against the appellant for sclling and
kccping of supari which was sweetened with a artificial swectness. The appellant argucd that
supari was not a food within the meaning of the Act. The Supreme Court rejected this argument
and held that supari is an Article of food. The definition of food
under the Act is very wide and it
cbvers all articles used as food as also every
component including silvering and colocring matters
and preservatives. Therefore from all angles taking
separately or jointly supari had no other
meaning under the Act and thërefore, the appellant was held guilty of a food adulteration. The
Aischief which this Actintended to stppress.
 ETATION OF STATUTES
Res) 26333908. INTERPRETATION OF STATUTESs
der S. ProfPatlhan's S.P. Law Classes, Pune. Page: 17 (Class) 25510256, (Res) 26333908.
c knows or 498 of e) Statute must be read as whole
an, with When the question arises as to meaning of certain
provision in a Statiüte, it is not only legitimate
th that butalso proper to read that provision in its context. The context here means, statute as a wholc, the
Jcrm previous state of law, other statute in pari materia, the general scope of statute and the mischief that it
an was intended to remedy.
lt1s a
rulenow fimly established that the intention ofthe legislature must be found by reading
c statute as a whole. Viscount Simonds called these rules as elementary rules whercas 1Lord Somervell
callcd thcsc rules as compclling rules.
Every clause of a statute must be construed with reference to the context and other clauses of
Re Act, so as far as possible, to make consistent enactment of the whole statute or the serics of
statute relating to the
subject matter.
Every clause of the statute should be construed with reference to the context and other clauses
n tne statute, so as far as possible, to make a consistent enactment ofthe whole statut . No part of the

Statute should be construed in isolation for the intention of the law maker is to be found not in one
part of the statute or another, but in the entire enactment and that intention can best be gathered by
viewing a particular part of a statute not attached from its context in the statute but in connection with
its whole context.

Case law
) I n a State ofWest Bengal V/s UnionofIndia, A.L.R. 1963, S.C. 1241, Sinha, C.J. Observed "the
Court nust ascertain the intention of the legislature by directing its attention not merely to the
to be construed but to the entire
clauises Statute, must comparethe
it clause with other part of
hc law, and the seting in which the clause to be interpreted occurs".

ii) InMohd. Amir Ahmed Khan V/s Dy. Commissioner, 1956, Allahabad H. C. held that all parts

of a statut must be construed together so as to avoid in consistencies and conflicts between

various provisions contained in it.

the meaning
iii) In State ofBihar V/s Hiralal Kejariwal,1960, Supreme Court held that to ascertain
The whole section should be read
of a Section, it is not permissible to omit any part ofit.
togethcr and an attempt should be made to reconcileboth parts.
Court
iv) In Madanlal Fakirchand Dudhediva V/s Shree. Changdeo Sugar Mill, Bombay High
it is necessary that the
held that where the Court is dealing with two sub-sections of a section,
on the rest.
two sub-sections must be cônstrued as awhole, each portion throwing light
"

Statute to be construed to make it effective and workable:

to make it effective and
A statute of any enacting provision therein must be construed as It is an
so
"ut res valeat quam pereat application of
operaiive. This principle is expressed in the maxim with a
this that Courts while pronouncing upon the constitutionality ot astatute start
principle
construction which keeps the statute within
presumption in favour ofconstitutionality and prefer a can be judged ionn the fact that
the compelence of the legislature. The importance of the principle
there is hardly any reported decision, where a statute may have been declared void r sher agcicss.
 INTERPRETATION OFSTATU
IFS
25510256, (Res) 2633390R
(Class)
Pune.
TAge: 18
Prof. Pathan's S.P. Law Classes,
Company, 1904, Farwell
Race Course
Case law: V/s Manchester
could do nothing at all
1)
Manchester
In Ship Canal Company senseless that a judge
declare void for
absolutely
words were so and not to
J. stated that unless the find some meaning
should be bound to
with them, the judge to make
that it is the duty of theJudge
uncertainty.
1.R.C(1918) A.C. 541held and
Murray V/s and not unsuitable,
ii) Lord Dunedin in meant to be opcrative,
knowing that they
are
lo declare a
what he can do of statute, be allowed, and Judge
a
in his judgement
impossibility should
nothing short of
statule unworkable.

Omission not to be inferred: added to or taken

g rule of literal
construction that nothing is to be
It is a corollary to the general
intcnded
tojustify the inference that the legislature
are adequate grounds
from a statute unless there
something which it omitted express.
to word which are not
rcad into an Act of Parliamcnt
Lord Morsey said that "Il is a strong thing to
Lord
is thing to do". It is stated even by
the clear necessity, it à wrong
there, and in the absence of unless clearreason for
do to read words into an Act of Parliament
Loreburm that it is wrong thing to for in a'statute is not to
the four corners of the Act itself. Acase not provided
it is to be found within and the
no good reason why
it should have been omitted,
be dealt with merely because there secms
omission appears in the consequence have
to been unintentional. the statutc
that a matter, which should have been
provided by the legislaturc in
This rule implies will amount
the same cannot be supplied byconstruction
by the court because that
but is notprovided,
*****

to legislation. of a statute created by the

the to try to harmonize the different provisions
ltis the duty of court
for additional
However, in the process of harmionization, the court cannot provide
legisiature.
constructon to f1ll in gaps or omission_ in
the provisions of an Act.

Every word in a statute to be given meaning:

a
h)
in a statutory instrument arc intcnded
The wordspromoting more than oneidea whencmployed the words and
to be construed in connection with,
and their mcaning is ascertained by rcference to,

phrases with which they are associated.

is defined to mean a certain thing, whenever
Where in a definition section ofa statutë, aword unless the context
mean what is stated in the definition
that word is used in that statute, it shall bears its
where the delinition is an inclusive definition, the word not only
otherwise required. But but it also bears its extended
and natural sense wheneverthat, would be applicable,
ordinary, popular
statutory meaning.

i) Basic General principBles of Interpretation:

There are Three Principles of interpretation
a) Intention of Legislature
Ut Res Magis Valeat Quam Percat which means that the
law may rather becomc
b
operative than null
Ex Visceribus Actus:which means that the siatutè ust bercad as a whole in its conlext.
c)