Reegan Ahmed (RAD)

Lecture Note 4
Basic Guidelines in the Interpretation of statutes
1) Statute must be read as a whole
2) Intention of the legislature
3) Statute if clear must be enforced
4) Construction to avoid absurdity and failure of intention
5) Construction must be in accord to policy and object of the statute
6) Construction to avoid collision with other provisions
7) Reading words in their context
8) To avoid collision and give effect to both

1. Statute must be read as a whole

A statute must be read as a whole means that when one part of the Act is unclear then we must try
to find the meaning of such unclear part by reading other parts of the statute with the part that is
unclear. This process can be otherwise referred as “”read the statute as a whole”.
For Ex:

Suppose Sec 5 states notice is to be given.

Issue: There is no mention whether it is oral notice or written notice?
But if we read another section 6 and find that one has to go to him personally and give notice or
notice is to be by registered post then we can understand, here the notice needs to be a written
notice.

For Example:
Suppose, in a statute Sec 5 states that the members of the committee would continue to hold office
until new election was held.
Now the Question is: How long can they hold office if no election is held as there is mention
of time limit?

However in Sec 8 it is mentioned that the maximum tenure was 3 years.

Now the solution can be found by reading the two provisions of the statute which is Sec 5 & Sec
8. Thus reading the statute as a whole, we find the maximum tenure was 3 years even if the
elections are not held they cannot hold office for an unlimited duration but only up to 3 years.
 Reegan Ahmed (RAD)

2. Intention of the legislature

When a word is not clear then we must always try to find the intention of the legislature as it is
because it is the Parliament who makes the law for a particular purpose. Thus we then must find
what the parliament tried to mean by the word and not what the judiciary or advocates thing.
The intention of the legislature can be found by looking at the following things:
✓ Preamble of the statute
✓ Aim and object of the statute
✓ Statutes Pari-materia (Similar statutes on the same subject)

✓ Other provisions of the statute

✓ The demand of the situation.
3. Statute if clear must be enforced
Thus if the words are clear, they must be applied, even though the result is harsh or undesirable.
Advantages of this rule

It creates a zone of certainty –because no interpretation will be allowed and thereby the court
cannot change the meaning according to their wish.

4. Construction most agreeable to justice and reason

When two meanings are possible then we must take that meaning which is most suitable to provide
justice and reason.

For Ex: The word STOP as discussed earlier.

5. Construction must be in accord to policy and object of the statute
Whenever two constructions are available, then the one which is consistent to the object and the
purpose of the statute is to be adopted.
6. Every word in a statute to be given a meaning

The court will give effect and meaning to each and every word in a statute. The idea behind this
rule is that the legislature will not use words if it did not want them to be used. The courts will
therefore take note of every word written in a statute.

Rules:

➢ The court will give effect and meaning to each and every word in a statute
➢ But the courts will be very careful when they decide to leave a word. For Ex: Words which
are unnecessary or nonsensical or appears in the statute by mistake of the draftsman.
 Reegan Ahmed (RAD)

7. Reading words in their context

The words must always be given meaning that goes with the sentence.

This illustration will demonstrate what is involved. The word ‘salt’ has many potential meanings,
depending on the context in which it is used:

a. The salt saluted the captain.

b. Put some salt on your food.
c. You owe me some salt, which I lent you last week!
d. The salt of the matter is that I m not going to USA!
e. That man uses a lot of salt in his speeches.
f. There is a quarrel going on put some salt in it.

There are other (potential) meanings of the word salt as well, but let us have a look at these five
sentences.

In sentence (a), the word ‘salt’ means sailor.

In sentence (b), the word ‘salt’ has its usual meaning - the white crystals we put on food.
In sentence (c), ‘salt’ means money.
In sentence (d), it means the main matter.
In sentence (e), ‘salt’ means fake words.
In sentence (f), ‘salt’ means to increase the fight by saying something.

8. Construction to avoid collision with other provisions

When two or more provisions of the same statute are conflicting then the court may if possible
give such a meaning which will avoid the conflict. This helps in making both the provisions
effective and consistent to each other rather being conflicting, as legislature never intended to
contradict itself at two places of the same statute.

This conflict between two provisions can be avoided in 2 ways:

✓ The two provisions deal with different situation or
✓ One provision is an exception to the other.

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