NAME: SANYAM MISHRA

ROLL NO. 17BLW046

B.A.LL.B(Hons.) SEM. 6th
UNIT – I
Q.1. “The rules of interpretation are like the tools of carpenter and sculptor”. Explain the
above mentioned statement while discussing the meaning and purposes of interpretation
the statute.
ANSWER “The rules of interpretation are like the tools of carpenter and sculptor” here
in this statement the word tool means techniques which help carpenter and sculpture to
bring out the best possible are true meaning to their work. The way, a carpenter uses his
tools to make furniture out of a piece of wood in the same manner interpretation rules
help judges to bring out the best possible meaning and application of legislative statutes.
Enacted laws, mainly the modern acts and rules, are drafted by legal specialists and it is able to
be predicted that the language used will leave little room for interpretation or construction. But
the experience of all those who've to bear and share the undertaking of software of the law has
been distinctive.
Interpretation way the art of locating out the real sense of enactment via giving the words of the
enactment their natural and everyday which means. It is the manner of ascertaining the actual
that means of the phrases utilized in a statute. The Court isn't always predicted to interpret
arbitrarily and therefore there have been positive standards which have evolved out of the
continuous exercise by using the Courts. These ideas are once in a while called ‘policies of
interpretation’.

The object of interpretation of statutes is to determine the purpose of the legislature conveyed
expressly or impliedly in the language used. As stated by means of SALMOND, “by means of
interpretation or production is meant, the manner by which the courts are seeking to examine the
which means of the legislature through the medium of authoritative forms in which it's miles
expressed.”
Elaborate regulations of interpretation had been developed even at a totally early degree of
Hindu civilization and culture. The guidelines given through ‘Jaimini’, the writer of Mimamsat
Sutras, originally supposed for srutis had been employed for the translation of Smritis also.1

In the technique of interpretation, several aids are used. They may be statutory or non-statutory.
Statutory aids may be illustrated with the aid of the General Clauses Act, 1897 and by using
unique definitions contained in people Acts whereas non-statutory aids are illustrated by means
of common regulation regulations of interpretation (including sure presumptions relating to
interpretation) and also by using case-laws regarding the translation of statutes.
According to Salmond interpretation or production is the process via which the courts are
seeking to envision that the means of the legislature thru the medium of authoritative
bureaucracy in which it is expressed.” It has been stated that there is a distinction between the
two expressions. As explained by means of Cooley: “Interpretation differs from creation inside
the feel that the previous is the artwork of finding out the genuine sense of any shape of phrases;
i.e. The feel that their creator meant to convey. Construction on the opposite hand, is the drawing
of conclusions, respecting the topics that lie beyond the direct expression of the text. This
distinction has been broadly criticized.

Interpretation of statute is the procedure of ascertaining the proper meaning of the phrases used
in a statute. When the language of the statute is clear, there is no want for the rules of
interpretation. But, in sure cases, a couple of which means can be derived from the same word or
sentence. It is, therefore, vital to interpret the statute to find out the actual aim of the statute.

Interpretation of Statutes is needed for primary reasons:-

Legislative Language – Legislative language may be complicated for a layman, and
subsequently may require interpretation; and
Legislative Intent – The intention of the legislature or Legislative cause assimilates two aspects:
a. The idea of ‘meaning’, i.e., what the word means; and b. The concept of ‘purpose’ and ‘object’
or the cause’ or ‘spirit’ pervading thru the statute.
Some Important Points to be taken care of inside the context of deciphering Statutes:

1
Law Commission of India, 60th Report, Chapter 2, para 2.2
  The goal of the legislature.
 The statute ought to be examine as a whole in its Context.
 The statute have to be construed if you want to make it Effective and Workable – if a
statutory provision is ambiguous and successful of diverse constructions, then that
production have to be adopted a good way to provide that means and effect to the other
provisions of the enactment in place of that with a purpose to give none.
 If which means is plain, the effect need to receive to it regardless of consequences.
 The system of production combines both literal and purposive approaches. The purposive
construction rule highlights which you ought to shift from literal production while it leads
to absurdity.

Scope and Nature of Interpretation

The necessity of interpretation could arise simplest wherein the language of a statutory provision
is ambiguous, not clear or wherein two perspectives are feasible or where the provision offers a
one of a kind that means defeating the item of the statute.

If the language is apparent and unambiguous, no want for interpretation might arise. In this
regard, a Constitution Bench of five Judges of the Supreme Court in R.S. Nayak v A.R. Antulay
has held:
“… If the phrases of the Statute are clear and unambiguous, it is the plainest duty of the Court to
supply impact to the herbal that means of the phrases used in the provision. The query of creation
arises handiest in the event of an ambiguity or the plain that means of the words used within the
Statute could be self-defeating.”

Again Supreme Court in Grasim Industries Ltd. V Collector of Customs, Bombay, has
followed the equal principle and observed:

“Where the phrases are clean and there may be no obscurity, and there is no ambiguity and the
intention of the legislature is honestly conveyed, there is no scope for court to take upon itself the
assignment of amending or altering the statutory provisions.”
The purpose of Interpretation of Statutes is to help the Judge to ascertain the intention of the
Legislature – now not to control that aim or to confine it in the limits, which the Judge may deem
affordable or expedient.

The accurate is one that excellent harmonises the phrases with the item of the statute. As stated
by way of Iyer J. in State of Punjab v. Qaisar Jehan Begum “to be literal in which means is to
peer the skin and miss the soul. The judicial key of production is the composite perception of the
deha and the dehi of the provision.”

According to Blackstone the fairest and rational approach for decoding a statute is by exploring
the purpose of the Legislature thru the most herbal and probable signs and symptoms which are
‘either the words, the context, the subject-matter, the outcomes and consequence, or the spirit
and reason of the regulation’.
UNIT- II
Q.2. “The words of the statute have to be given grammatical and ordinary meaning irrespective
of possible consequences resulting from it”. Discuss it while bringing out the differences
between Literal and Golden rules of interpretation.

ANSWER Every state has its own judicial system, the cause of which to supply justice to all.
The court objectives to interpret the law in such a manner that every citizen is ensured justice to
all. To make sure justice to all the idea of canons of interpretation turned into expounded. These
are the rules which might be developed for determining the actual aim of the legislature.

It is not important that the phrases utilized in a statute are constantly clean, express and
unambiguous and thus, in such cases it's miles very vital for courts to determine a clear and
specific which means of the words or phrases used by the legislature and at the equal time
eliminate all the doubts if any. Hence, it I duty of the Courts to give ordinary and grammatical
meaning for the statutes so that there is less ambiguity and more room for plain and simple
interpretation. The consequences resulting out of it can be negative or positive, but to bring
harmony it is important to understand the consequences has nothing to do with interpretation.
Literal or Grammatical Rule

It is the primary rule of interpretation. According to this rule, the phrases used in this article are
to receive or interpreted in their natural or regular that means. After the translation, if that means
is absolutely clear and unambiguous then the impact will be given to a provision of a statute
regardless of what can be the consequences.

The basic rule is that whatever the aim legislature had whilst making any provision it's been
expressed through words and thus, are to be interpreted in line with the regulations of grammar.
It is the safest rule of interpretation of statutes due to the fact the purpose of the legislature is
deduced from the words and the language used.
According to this rule, the simplest duty of the court is to give impact if the language of the
statute is plain and has no enterprise to check out the results which might rise up. The handiest
duty of the court is to expound the regulation as it's miles and if any harsh effects get up then the
remedy for it shall be sought and appeared out via the legislature.

Maqbool Hussain v. State of Bombay, In this case, the appellant, a citizen of India after
arriving at the airport did no longer declare that he changed into wearing gold with him. During
his search changed into carried on, gold was observed in his possession because it become
against the notification of the government and was confiscated below section 167(8) of Sea
Customs Act.

Later on, he was additionally charged underneath phase 8 of the Foreign Exchange Regulations
Act, 1947. The appellant challenged this trial to be violative beneath Article 20(2) of the Indian
Constitution. According to this article, no character shall be punished or prosecuted extra than as
soon as for the same offence. This is taken into consideration as double jeopardy.

It changed into held by using the court docket that the Seas Act neither a courtroom nor any
judicial tribunal. Thus, accordingly, he became no longer prosecuted earlier. Hence, his trial
became held to be valid.
Manmohan Das versus Bishan Das, AIR 1967 SC 643

The trouble within the case turned into regarding the translation of segment 3(1)(c) of U.P
Control of Rent and Eviction Act, 1947. In this case, a tenant became answerable for evidence if
he has made addition and alternate within the building without proper authority and unauthorized
perception as materially altered the accommodation or is likely to decrease its value. The
appellant stated that handiest the constitution can be covered, which diminishes the price of the
property and the phrase ‘or’ should be read as land.

It became held that as per the guideline of literal interpretation, the phrase ‘or’ have to accept the
meaning that a prudent man is familiar with the grounds of the event are alternative and not
combined.

State of Kerala v. Mathai Verghese and others, 1987 AIR 33 SCR(1) 317, in this case a
person become caught in conjunction with the counterfeit currency “dollars” and he turned into
charged underneath phase 120B, 498A, 498C and 420 study with section 511 and 34 of Indian
Penal Code for owning counterfeit forex. The accused contended before the courtroom that a
charge underneath segment 498A and 498B of Indian Penal Code can simplest be levied in the
case of counterfeiting of Indian forex notes and not inside the case of counterfeiting of foreign
forex notes. The court held that the word forex notes or financial institution note can't be
prefixed. The character changed into held at risk of be rate-sheeted.

THE GOLDEN RULE

It is known as the golden rule because it solves all the issues of interpretation. The rule says that
initially we will go through the literal rule, however, if the interpretation given thru the literal
rule leads to some or any kind of ambiguity, injustice, inconvenience, hardship, inequity, then in
all such events the literal which means shall be discarded and interpretation shall be finished in
such a manner that the reason of the legislation is fulfilled.
The literal rule follows the idea of decoding the herbal meaning of the phrases used within the
statute. But if decoding herbal meaning results in any sought of repugnance, absurdity or
hardship, then the courtroom have to regulate which means to the volume of injustice or
absurdity triggered and no similarly to save you the consequence.

This rule suggests that the results and outcomes of interpretation deserve loads more essential
due to the fact they may be the clues of the genuine which means of the phrases used by the
legislature and its intention. At times, even as applying this rule, the interpretation finished may
totally be opposite of the literal rule, however it shall be justified due to the golden rule. The
presumption right here is that the legislature does not intend certain gadgets. Thus, such a
interpretation which ends up in unintended objects shall be rejected.

Tirath Singh v. Bachittar Singh, AIR 1955 SC 850

In this case, there was an trouble in regards to issuing of the attention under section 99 of
Representation of People’s Act, 1951, with reference to corrupt practices involved in the
election. According to the rule, the attention shall be issued to all those folks who are a party to
the election petition and at the identical time to people who aren't a celebration to it. Tirath Singh
contended that no such word become issued to him beneath the said provision. The notices had
been only issued to folks who were non-events to the election petition. This turned into
challenged to be invalid on this precise ground.

The courtroom held that what is contemplated is giving of the information and the statistics even
if it's miles given twice remains the equal. The party to the petition is already having the notice
regarding the petition, therefore, section ninety nine shall be so interpreted via applying the
golden rule that word is required in opposition to non-events only.

State of Madhya Pradesh v. Azad Bharat Financial Company, AIR 1967 SC 276, Issues of
the case are as follows.
A transporting organisation became wearing a parcel of apples was challenged and charge-
sheeted. The truck of the transporting company was impounded as the parcel contained opium
alongside the apples. At the same time, the bill proven for the transport consisted of apples only.

Section eleven of the opium act 1878, all of the vehicles which transport the contraband articles
shall be impounded and articles shall be confiscated. It was confiscated with the aid of the
transport enterprise that they have been blind to the truth that opium become loaded in
conjunction with the apples inside the truck.

The court docket held that despite the fact that the words contained in phase 11 of the stated act
supplied that the vehicle shall be confiscated however by means of making use of the literal rule
of interpretation for this provision it's miles leading to injustice and inequity and therefore, this
interpretation will be avoided. The phrases ‘shall be confiscated’ need to be interpreted as ‘may
be confiscated’.

State of Punjab v. Quiser Jehan Begum, AIR 1963 SC 1604, a duration of limitation was
prescribed for, underneath section 18 of land acquisition act, 1844, that an enchantment will be
filed for the declaration of the award within 6 months of the announcement of the compensation.
Award turned into passed inside the name of Quiser Jehan. It turned into intimated to her after
the period of six months approximately this by way of her counsel. The appeal became filed past
the length of six months. The attraction was rejected by the decrease courts.

It turned into held by way of the courtroom that the duration of six months will be counted from
the time when Quiser Jehan had the understanding due to the fact the interpretation changed into
main to absurdity. The court by means of applying the golden rule allowed the enchantment.
UNIT –III
Q.3. Examine the role played by parliamentary history and dictionaries in the
interpretation of statutes.
UNIT- IV
Q.4. “The rule which requires that penal statutes should be construed strictly, has lost
much of its force in recent times”. Do you agree with the above statement? Substantiate
your answer and refer to decided cases.

UNIT - V
Q.5. what do you understand by the Presumption against retrospective operation of
statutes. Also discuss its scope and limitations.