Introduction

One of the most substantial and the principal duty which are vested on th
interpretation of the statutes or law which are in force. When the courts
dispute, they strictly abide with the boundaries framed by the legal frame
certain laws, statutes, The Constitution and delegated legislations. The le
democratic country like India includes a plethora of legislations and regul
the compliance of the procedural Parliamentary rules, formulates and dra
and legislations. The courts deliver justice in a legal matter by interpretin
in these legislations. The written laws are substantiated by the courts and
the courts through the pronouncement of verdict over the legal dispute.
interpreting statues and to prevent any wrongful interpretation of the law
certain rules to shape these laws. So, one of the most basic rules of interp
of Interpretation of statutes where the court interprets the wordings of t
there may be certain loopholes which may be found in the law due to wh
straight-forward understanding of the language of the statutes. It may lea
absurdity if the courts interpret the natural meaning of the language used

Interpretation meaning

The term has been derived from the Latin term ‘interpretari’, which mean
understand, or to translate. Interpretation is the process of explaining, ex
any text or anything in written form. This basically involves an act of disco
the language which has been used in the statute. Various sources used ar
the written text and clarify what exactly has been indicated by the words
the statutes.
from case to case. It is also used for ascertaining the actual connotation o
the actual intention of the legislature.

There can be mischief in the statute which is required to be cured, and th

various norms and theories of interpretation which might go against the l
The purpose behind interpretation is to clarify the meaning of the words
might not be that clear.

According to Salmond, “Interpretation” is the process by which the cour

meaning of the legislature through the medium of authoritative forms in

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Construction meaning

In simple words, construction is the process of drawing conclusions of the

the direct expression of the text. The courts draw findings after analysing
used in the text or the statutes. This process is known as legal exposition
facts pending before the court and construction is the application of the c

The objective is to assist the judicial body in determining the real intentio
is also to ascertain the legal effect of the legal text.

Difference between Interpretation and Construction

Interpretation Constructio

1. Con
1. In law, interpretation refers to exposing the true
dra
sense of the provisions of the statutes and to
whi
understand the exact meaning of the words used
the
in any text.
2. The
2. Interpretation refers to the linguistic meaning of
the
the legal text.
of t
3. In the case where the simple meaning of the text
3. In t
is to be adopted then the concept of
lega
interpretation is being referred to.
Classification of Statutes

Codified statutory law can be categorized as follows-

Codifying statutes

The purpose of this kind of statute is to give an authoritative statement o

particular subject, which is customary laws. For example- The Hindu Mar
Hindu Succession Act, 1956.

Consolidating statutes

This kind of statute covers and combines all law on a particular subject at
scattered and lying at different places. Here, the entire law is constituted
Indian Penal Code or Code of Criminal Procedure.

Declaratory statutes

This kind of statute does an act of removing doubts, clarifying and improv
interpretation given by the court, which might not be suitable from the p
parliament. For example- the definition of house property has been amen
Disabling statutes

It is the opposite of what is provided under the enabling statute. Here the
common law are being cut down and are being restrained.

Penal statutes

The offences for various types of offences are provided through these sta
have to be imposed strictly. For example- Indian Penal Code, 1860.

Taxing statutes

Tax is a form of revenue which is to be paid to the government. It can eith

individual earns or on any other transaction. A taxing statute thus, levies
transactions. There can be income tax, wealth tax, sales tax, gift tax, etc.
levied only when it has been specifically expressed and provided by any s

Explanatory statutes

The term explanatory itself indicates that this type of statute explains the
omission left earlier in the enactment of the statutes. Further, ambiguitie
clarified and checked upon the previous statutes.

Amending statutes

The statutes which operate to make changes in the provisions of the enac
original law for making an improvement therein and for carrying out the
which the original law was passed are referred to as amending statutes. F
Criminal Procedure 1973 amended the code of 1898.

Repealing statutes

A repealing statute is one which terminates an earlier statute and may be

explicit language of the statute. For example- Competition Act, 2002 repe

Curative or repealing statutes

Through these statutes, certain acts which would otherwise be illegal are
illegality and enables a particular line of action.
Rules of Interpretation

Literal or Grammatical Rule

It is the first rule of interpretation. According to this rule, the words used
or interpreted in their natural or ordinary meaning. After the interpretati
completely clear and unambiguous then the effect shall be given to a pro
regardless of what may be the consequences.

The basic rule is that whatever the intention legislature had while making
Later on, he was also charged under section 8 of the Foreign Exchange R
appellant challenged this trial to be violative under Article 20(2) of the In
According to this article, no person shall be punished or prosecuted more
offence. This is considered as double jeopardy.

It was held by the court that the Seas Act neither a court nor any judicial
he was not prosecuted earlier. Hence, his trial was held to be valid.

Manmohan Das versus Bishan Das, AIR 1967 SC 643

The issue in the case was regarding the interpretation of section 3(1)(c) o
Eviction Act, 1947. In this case, a tenant was liable for evidence if he has m
alternate in the building without proper authority and unauthorized perc
the accommodation or is likely to diminish its value. The appellant stated
can be covered, which diminishes the value of the property and the word

It was held that as per the rule of literal interpretation, the word ‘or’ shou
that a prudent man understands the grounds of the event are alternative

State of Kerala v. Mathai Verghese and others, 1987 AIR 33 SCR(1) 317,
caught along with the counterfeit currency “dollars” and he was charged
498C and 420 read with section 511 and 34 of Indian Penal Code for pos
currency. The accused contended before the court that a charge under se
Indian Penal Code can only be levied in the case of counterfeiting of India
the case of counterfeiting of foreign currency notes. The court held that t
bank note cannot be prefixed. The person was held liable to be charge-sh

The Mischief Rule

Mischief Rule was originated in Heydon’s case in 1584. It is the rule of pu

because the purpose of this statute is most important while applying this
Heydon’s rule because it was given by Lord Poke in Heydon’s case in 1584
because the focus is on curing the mischief.

In the Heydon’s case, it was held that there are four things which have to
sure interpretation of all the statutes in general, which are as follows-

1. What was the common law before the making of an act.

Further, the prostitutes who were carrying on to solicit from the streets a
under section 1(1) of the said Act. But the prostitutes pleaded that they w
streets.

The court held that although they were not soliciting from the streets yet
applied to prevent the soliciting by prostitutes and shall look into this issu
rule, the court held that the windows and balconies were taken to be an
street and charge sheet was held to be correct.

Pyare Lal v. Ram Chandra, the accused in this case, was prosecuted for s
which was sweetened with the help of an artificial sweetener. He was pro
Adulteration Act. It was contended by Pyare Lal that supari is not a food i
the dictionary meaning is not always the correct meaning, thereby, the m
applicable, and the interpretation which advances the remedy shall be ta
Therefore, the court held that the word ‘food’ is consumable by mouth an
prosecution was held to be valid.

Kanwar Singh v. Delhi Administration, AIR 1965 SC 871.

Issues of the case were as follows- section 418 of Delhi Corporation Act,
corporation to round up the cattle grazing on the government land. The M
belonging to Kanwar Singh. The words used in the statute authorised the
the abandoned cattle. It was contended by Kanwar Singh that the word a
of ownership and those cattle which were round up belonged to him and
abandoned. The court held that the mischief rule had to be applied and t
be interpreted to mean let loose or left unattended and even the tempo
ownership would be covered as abandoned.

Regional Provident Fund Commissioner v. Sri Krishna Manufacturing Co

SC 1526, Issue, in this Case, was that the respondent concerned was runn
units were for manufacturing. Out of these four units one was for paddy
of flour mill, saw mill and copper sheet units. The number of employees t
The RPFC applied the provisions of Employees Provident Fund Act, 1952 t
factory to give the benefits to the employees.

The person concerned segregated the entire factory into four separate un
hardship, then the court must modify the meaning to the extent of injust
no further to prevent the consequence.

This rule suggests that the consequences and effects of interpretation de

because they are the clues of the true meaning of the words used by the
intention. At times, while applying this rule, the interpretation done may
literal rule, but it shall be justified because of the golden rule. The presum
legislature does not intend certain objects. Thus, any such interpretation
objects shall be rejected.

Five part analysis of the golden rule of interpretation

Whenever there is a shadow of scepticism casted on the grammatical con

such circumstances, the golden rule of interpretation can be applied on t
to the facts in a legal dispute. The external manifestation of the underlyi
from reading between the lines projects the true intent of the legislature
used. By taking into consideration the consequences of the judgement, th
discretion to interpret the law in a rational manner. The analysis of Golde
five categories as discussed below:

 WARBURTON’S CASE

Explaining the principle underlying the Golden rule, Justice Burton in the
Loveland observed that in the very first instance of application of law the
wordings of law must be paid heed. But if there is involvement of any abs
against the declared purpose of the statute then in such circumstance, th
law can be modified or interpreted so far as there is no injustice caused t
Even though the elementary rule of interpreting the words as it is in their
been upheld by the courts in numerous cases like Madan Lal v. Changdeo
should still be open to various interpretations of the law so that no injust
known rule was strictly formulated by Parke B. in the case of Becke v. Sm
the wordings of the law which are unambiguous and plain nature should
regular sense even though, if in their assessment it is absurd or promotes
function of the legislature when we deviate from the ordinary meaning o
from the adherence to its literal meaning we prevent the manifestation o
In the Heydon’s Rule of Mischief, he elaborated that only in such circums
of the legislature appears to be unjust, only in such cases the intervention
interpreting the law is reasonable. Slightly deviating from what Lord Wen
instead of viewing the legislative intent as a whole and construe it all-tog
enactment of the laws in retrospect should be taken into consideration so
object it plans to subserve and the evil it plans to end. In the case of New
Industrial Tribunal, the Latin maxim “ex visceribus actus” was cited which
determining the intention of the legislation, detached sections of parts of
taken, instead the intention of the act as a whole which construes the con
considered. This principle was reaffirmed in the case of Inland Revenue C
Herbert where Lord Haldane interpreted a legislation which was newly en
that “Where words of general understanding are used, the common unde
main clue to the meaning of legislature.” But the Golden Rule of Interpre
Wensleydale has been a principle accepted worldwide.

 LITERAL GOLDEN MISCHIEF

As described by Lord Granworth LC, this is a “Cardinal Rule ” which is a ru

which is as strong as can be”. In the English cases, there are three basic ru
Paton. Those are:

1. Whatever the result, if the meaning of the wordings of law is plai

applied as per the Literal Rule.

2. Unless there is any ambiguity or absurdity in the wordings of the

the law should be resorted to as per the Golden Rule.

3. The general policy or intention of the statute must be considere

which was directed as per the Mischief Rule.

 LATTER PART OF THE RULE

There is a lot of care which must be taken with regards to the later part o
the case of Christopher v. Lotinga, every word of the Golden Rule was sub
Willes. In the case of Woodward v. Watts, Justice Crompton expressed hi
and opined that the Legislature must have enacted the legislation with a
be destroyed if the courts reinterpret it due to some absurdity which defe
If there is a choice between two interpretations, then the interpretation
which is narrower in nature fails to incorporate the purpose of the legisla
construction must be avoided as discussed in the case of Nokes v. Doncas
Ltd by Viscount Simon L.C. Instead, we should admit the bolder form of th
intention of the Parliament to enact the legislation only for the purpose o
effective. The transfer of an undertaking which includes, property, duties
the old company to a new company is dealt with under Section 154 of the
the case of Luke v. R.R.C. an issue was raised with regards to the transfer
existing between the former company and the individual. The House of Lo
notice of amalgamation should be provided to the individual. The golden
been used in this case where if the prima facie meaning of the words wou
consideration, then no consent would be required of the employee durin
would lead to injustice. But in the present case the court deviated from th
decided that it is the duty of the transferor company to inform the worke
amalgamation.

A restricted Construction was adopted by the legislature while drafting th

(Classification, Appeal And Control) Rules, 1956 specifically Rule 11(VI) du
interpreted by the court by using the Golden Rule in the case of Nyadar S
provision imposes a penalty if there is any reduction in the grade post or
the employee. It was adjudged by the Supreme Court that if any person i
or pay grade, then he cannot be abridged to a lower pay grade or post du
acquired a wider construction as interpreted by the Court. As per Maxwe
Golden Rule is significant in the area which is dedicated to the constructio
consequences and also the construction of certain provisions which elimi
inconvenience or also evasion.

To explain the applicability of the Golden rule, the case of Free Lanka Insu
Panasinghe can be referred where it was held that if a prisoner escapes f
accident, then he did not commit a felony under the Statute as this act co
with the intention of getting freedom but it is to save his life. Similarly, if
done on certain justifiable grounds then that act would not qualify as crim

The Supreme Court and High Court in India have applied the Golden Cons
various judgements as previously discussed. But there is a certain confusi
The golden rule of interpretation should be adopted with caution becaus
were discussed by the Court in the case of Lord Moulten in Vacher & Sons
Compositor. There is a possibility that this rule could develop into a conve
of the legislature’s acts’ legality. The statutes must be interpreted on the
the law, and while the respective resultants of two competing interpretat
direct us in our options, we can only do so if we are in a position to convi
words could not have been used as per the sense of the suggested argum
as a whole and comparing it to the prevailing law of the land at the time o
legislation. The legal rights or laws which are formulated for the advantag
large may come in struggle with the individual interest of the public due t
injustice in the form of repugnancy or absurdity. The Apex Court in the ca
Shri N. Sundara Money has judged that the duty of the courts of justice is
the public at large instead of individual rights. If the words of the statute
then they should even come under the term of repugnancy in order to us
which the scope of the term is wide.

The Golden Rule is considered to be an old law which has been used since
British law was the fundamental basis for law and parliamentary sovereig
constituted. It is contended that it gives the unelected judiciary too much
responsibility, which is undemocratic in nature. The Golden Rule also clea
land by constructing a crime after the occurrence of the events, as observ
Hughes and Elliot v Grey. It encroaches on the separation of powers by as
legislative role, and judges can bring their own opinions, conscience, and
matter, as seen in the case of DPP v Bull and Smith v Hughes.

Case laws

Tirath Singh v. Bachittar Singh, AIR 1955 SC 850

In this case, there was an issue with regard to issuing of the notice under
Representation of People’s Act, 1951, with regard to corrupt practices in

According to the rule, the notice shall be issued to all those persons who
petition and at the same time to those who are not a party to it. Tirath Si
notice was issued to him under the said provision. The notices were only
non-parties to the election petition. This was challenged to be invalid on
The court held that although the words contained in section 11 of the sai
vehicle shall be confiscated but by applying the literal rule of interpretatio
leading to injustice and inequity and therefore, this interpretation shall b
be confiscated’ should be interpreted as ‘may be confiscated’.

State of Punjab v. Quiser Jehan Begum, AIR 1963 SC 1604, a period of lim
under section 18 of land acquisition act, 1844, that an appeal shall be file
the award within 6 months of the announcement of the compensation. A
name of Quiser Jehan. It was intimated to her after the period of six mon
counsel. The appeal was filed beyond the period of six months. The appe
courts.

It was held by the court that the period of six months shall be counted fro
Jehan had the knowledge because the interpretation was leading to absu
the golden rule allowed the appeal.

Harmonious Construction

According to this rule of interpretation, when two or more provisions of

repugnant to each other, then in such a situation the court, if possible, w
provisions in such a manner as to give effect to both the provisions by ma
between the two. The question that the two provisions of the same statu
mutually exclusive may be difficult to determine.

The legislature clarifies its intention through the words used in the provis
the basic principle of harmonious construction is that the legislature coul
contradict itself. In the cases of interpretation of the Constitution, the rul
construction is applied many times.

It can be assumed that if the legislature has intended to give something b

to take it away with the other hand as both the provisions have been fram
absorbed the equal force of law. One provision of the same act cannot m
useless. Thus, in no circumstances, the legislature can be expected to con

Cases –

Ishwari Khaitan Sugar Mills v. State of Uttar Pradesh, in this case, the S
He contended that he had a fundamental right to speech and expression.
that article 19(1)(a) itself talks about reasonable freedom and therefore f
expression shall pertain only to those portions which have not been expu
beyond that.

Conclusion

Every nation has its own judicial system, the purpose of which to grant ju
to interpret the law in such a manner that every citizen is ensured justice
all the concept of canons of interpretation was expounded. These are the
for determining the real intention of the legislature.

It is not necessary that the words used in a statute are always clear, expli
thus, in such cases it is very essential for courts to determine a clear and
words or phrases used by the legislature and at the same time remove al
all the rules mentioned in the article are important for providing justice.

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