Interpretation Of Statues

the essence of law lies in the spirit, not its letter, for the letter is
significant only as being the

external manifestation of the intention that underlies it” - Salmond

The word ‘Interpretation’ is derived from the Latin term ‘interpretari’ which means to explain
or expound or to understand or translate. Interpretation is a process through which one
arrives at the true and correct intention of the law-making body which is laid in the form of
statutes. t is the art of finding out the true sense of enactment by giving the words of the enactment their
natural and ordinary meaning.

The object of interpretation of statutes is to determine the

intention of the legislature conveyed

expressly or impliedly in the language used

As stated by SALMOND, "by interpretation or

construction is meant, the process by which the courts seek to ascertain the meaning of
the legislature

through the medium of authoritative forms in which it is expressed.

.
According to Gray[3], the process by which a judge (or indeed any person, lawyer or layman, who has an
occasion to search for the meaning of a statute) constructs from words of a statute book, a meaning which he
either believes to be that of the legislature, or which he proposes to attribute to it, is called 'interpretation'. Thus
these keys may be termed as aids for interpretation and principles of interpretation.

According to Cross[5]:
"Interpretation is the process by which the courts determine the meaning of a statutory provision for the purpose
of applying it to the situation before them."

Interpretation thus is a familiar process of considerable significance. In relation to statute

law, interpretation is of importance because of the inherent nature of legislation as a
source of law. The process of statute making and the process of interpretation of statutes
are two distinct activities

In the process of interpretation, several aids are used. They may be statutory or non-
statutory.

Statutory aids may be illustrated by the General Clauses Act, 1897 and by specific
definitions
contained in individuals Acts whereas non-statutory aids is illustrated by common law
rules of interpretation (including certain presumptions relating to interpretation) and also
by case-laws relating to the interpretation of statutes.

It is not within the human powers to foresee the manifold permutations and
combinations that may arise in the actual implementation of the act and also to provide
for each one of them in terms free from all ambiguities. Hence interpretation of statutes
becomes an ongoing exercise as newer facts and conditions continue to arise.

NEED AND PURPOSE OF INTERPRETATION.

The concept of interpretation of a Statute cannot be static one. Interpretation of statutes

becomes an

ongoing exercise as newer facts and conditions continue to arise.

objective : We can say, interpretation of Statutes is required for two basic reasons viz. to
ascertain:

• Legislative Language - Legislative language may be complicated for a layman, and hence
may

require interpretation; and

• Legislative Intent - The intention of legislature or Legislative intent assimilates two

aspects:

i. the concept of ‘meaning’, i.e., what the word means; and

ii. the concept of ‘purpose’ and ‘object’ or the ‘reason’ or ‘spirit’ pervading through the
statute.

1. the ambiguity of the words used in the statute: Sometimes there will be words that
have more than one meaning. And it may not be clear which meaning has to be
used. There could be multiple interpretations made out of it.
2. Change in the environment: We all know that society changes from time to time
and there may be new developments happening in a society that is not taken into
consideration, this lacks the predictability of the future event.
3. Complexities of the statutes: usually statutes are complex and huge, it contains
complicated words, jargon and some technical terms which are not easy to
understand and this complexity may lead to confusion.
4. When legislation doesn’t cover a specific area: Every time when legislations are out
it doesn’t cover all the area it leaves some grey areas and interpretation helps in
bridging the gaps between.
 5. Drafting error: The draft may be made without sufficient knowledge of the subject.
It may also happen due to the lack of necessary words and correct grammar. This
makes the draft unclear and creates ambiguity in the legislature.
6. Incomplete rules: There are few implied rules and regulations and some implied
powers and privileges which are not mentioned in the statute and when these are
not defined properly in the statute this leads to ambiguity.
In this regard, a Constitution Bench of five Judges of the Supreme Court in R.S. Nayak v
A.R.

Antulay, AIR 1984 SC 684 has held:

“… If the words of the Statute are clear and unambiguous, it is the plainest
duty of the Court to give effect to the natural meaning of the words used in the provision.
The question of construction arises only in the event of an ambiguity or the plain meaning
of the words used in the Statute would be self defeating.

The purpose of Interpretation of Statutes is to help the Judge to ascertain the intention of
the Legislature – not to control that intention or to confine it within the limits, which the
Judge may deem reasonable or expedient.

Some Important points to remember in the context of interpreting Statutes:

• Statute must be read as a whole in Context

• Statute should be construed so as to make it Effective and Workable – if statutory

provision is
ambiguous and capable of various constructions, then that construction must be adopted
which will give meaning and effect to the other provisions of the enactment rather than
that which will give none.
• The process of construction combines both the literal and purposive approaches. The
purposive construction rule highlights that you should shift from literal construction when
it leads to absurdity

Justice Chakravarti made two observations in Badsha Mia v. Rajjab Ali[6] -

The primary object in interpreting a statute is always to discover the intention of the legislature and in England
because the rules of interpretation developed there, can be relied on to aid the discovery because those whose
task is to put the intention of the legislature into language, fashion their language with those very rules in view.

Law Making bodies and intertation of statues

It also establishes a federal parliamentary form of Government in which the roles of the
executive, the legislature and the judiciary are clearly defined and delineated.

Three Organs Of Government

 1. Legislature: The chief function of the legislature is to enact laws

o It is the basis for the functioning of the other two organs, the executive and the judiciary.
o It is also sometimes accorded the first place among the three organs because until and unless
laws are enacted, there can be no implementation and application of laws.

2. Executive: The executive is the organ that implements the laws enacted by the legislature and enforces
the will of the state.

o It is the administrative head of the government.

o Ministers including the Prime/Chief Ministers and President/Governors form part of the
executive.

3. Judiciary: The judiciary is that branch of the government that interprets the law, settles disputes and
administers justice to all citizens.

o The judiciary is considered the watchdog of democracy, and also the guardian of the
Constitution.
o It comprises of the Supreme Court, the High Courts, District and other subordinate courts.

he separation of powers means the distribution of the Government’s political, administrative and
judicial duties. It minimises the risk of unconstitutional government excesses since the
implementation, compliance and execution of laws is needed to be sanctioned by all the three
branches.

 his concept was first seen in the works of Aristotle, in the 4th century BCE, wherein he described the
three agencies of the government as General Assembly, Public Officials and Judiciary.
 In the Ancient Roman Republic too, a similar concept was followed.
 In modern times, it was 18th-century French philosopher Montesquieu who made the doctrine a highly
systematic and scientific one, in his book De l�esprit des lois (The Spirit of Laws).
 His work is based on an understanding of the English system which was showing a propensity towards
a greater distinction between the three organs of government.
 The idea was developed further by John Locke.

This principle ensures that autocracy does not creep into a democratic system. It protects citizens from arbitrary
rule. Hence, the importance of the Separation of Powers doctrine can be summed up as follows:

 Keeps away autocracy

 Safeguards individual liberty
 Helps create an efficient administration
 Judiciary�s independence is maintained
 Prevents the legislature from enacting arbitrary or unconstitutional laws

Although the Constitution of India does not provide strictly for the separation of powers,
these articles provide a general guideline:

 Article 50[i]: This states that the State or the Government concerned will take appropriate steps to
ensure that the judicial branch is separated from the functioning and working of the executive branch.
 Article 121[ii] & 211[iii]: It, in a way, provides for the separation of the legislature and the judiciary.
This article states that the conduct of justice or the way a judge discharges his duties of any Court
cannot be discussed in the legislature (state or union).
  Article 122[iv] & 212[v]: This article is aimed at keeping the judiciary (the law interpreting body) and
the legislature (the law-making body) separated. It does so by stripping the judiciary of any power to
review and question the validity of proceedings that take in a legislature or the Parliament.
 Article 361[vi]: This article separates the judiciary and the executive. It states that the President or any
governor of any state is not answerable to any court in the country for actions and activities are taken in
performance/exercise of the powers and duties of their office

While separation of powers is key to the workings of Indian Government, no democratic system
exists with an absolute separation of powers or an absolute lack of separation of powers.
Governmental powers and responsibilities intentionally overlap; they are too complex and
interrelated to be neatly compartmentalised.

;Every organ is, in a way, overlapped in its practical functioning with the other two organs of the
Government. This overlapping enables the organs to act as a check on each other without too
much interference.
There is a system of checks and balances wherein the various organs impose checks on one another by
certain provisions.

 The judiciary h
 as the power of judicial review over the actions of the executive and the legislature
 The judiciary has the power to strike down any law passed by the legislature if it is unconstitutional or
arbitrary as per Article 13 (if it violates Fundamental Rights).
 It can also declare unconstitutional executive actions as void.
 The legislature also reviews the functioning of the executive.
 Although the judiciary is independent, the judges are appointed by the executive.
 The legislature can also alter the basis of the judgment while adhering to the constitutional limitation

benefits of overlapping:

The functional overlapping of the three institutions also provides benefits.

 The accountability and equality in governance are enhanced by enabling power-sharing laws (Rule of
Law).
 The overlap prevents arbitrary actions by the other two organs of the Government; an example is the
power of judicial review of the Apex Court of India. (Check and Balance)
 Constitutional demarcations of overriding powers decrease the scope of conflict among the government
organs. (Check arbitrariness)
 The overlapping functions induce power-sharing and also provides power decentralisation, thus ensuring
that the three organs can work hand-in-hand to solve problems faster. (Cooperation)

Law and public opinion :

public opnion may be said an opinion of the people in general on the question of
public interest

A. L. Lowell- “Public opinion is the opinion held by the majority and passively
acquiesced in by the minority.”
 Public opinion has a key role in a modern democracy. There is a close relationship
between law and public opinion. Laws, in Democracy, are deep-rooted in public opinion. In these
days of Democracy the most important source of law is legislature, a body of people’s
representatives. This body represents the public will.

the people do not frame the laws directly but we should not forget that they elect their representatives to
the legislature. Their representative should not, and do not go against the will of the people who are the
electors.
When the people or electors want certain laws to be replaced or modifiers, their representatives do the
needful. It is quite clear in this way that there is a close affinity between public opinion and law because
laws represent the will of the people. Laws are supposed by public opinion.

if the general public does not accept a statute, it becomes ineffective and very difficult to
enforce. For example the recent conflict between the government and the farmers because of
the three farm laws which were passed in September 2020. These laws are not getting
supported by the general public opinion. Not only this, in 1962, the Indian government had
enacted two laws: the Compulsory Deposit Scheme Act, 1963, and the Gold Control Rules.
These laws were not well received by the general public, and as a result, people staged
protests against them, forcing the Indian government to change them. It is the right of the
people to hold nonviolent protests against laws that they believe are unfit for the public good.

Finally, it is self-evident to say that legislative powers are essentially vested in the people,
and that the public’s general opinion must find its way into lawmaking, and that this opinion
should be expressed through appropriate constitutional organs.

SOCIAL CONTROL

Definitions, concepts and agencies of social control

Any society must have harmony and order. Where there is no harmony or order, the society
actually does not exist because society is harmonies organisation of human relationships. So,
society therefore in order to progress has to exercise a certain control over its members since
any marked deviation (not fallowing the normal rules of society) from the established ways is
considered as threat or deviant behaviour to the society. Social control is as old as human
society. Where there is society there is social control. No society c

an exist without social control. It is there even in uncivilised, barbaric and cannibalistic
societies.
DEFINITION OF SOCIAL CONTROL:

When we use the term “control” the idea we generally had in our mind is policeman, law of
force and coercion but the term social control is used by sociologist in broad sense.

Mannheim defines social control as “the sum of those methods by which a society tries to
influence human behaviour to maintain a given order”.

Ogburn and Nimkoff “the pattern of pressure which a society exerts to maintain order and
established is social control.

E.A Ross, system of devices whereby society brings its members into conformity with the
accepted standards of behaviour”.

Various social thinkers have expressed their views in different ways

about the need of social control which are discussed as under:
1. Reestablishing the Od Social System:
The main need of the social control is to keep the existing order intact. In other
words it is the desire of the society to make its member to live in manner in which
their forefathers have been living. Although enforcement of the old order in a
changing society may hinder social progress, yet it is necessary to maintain
continuity and uniformity in society.

2. Regulation of Individual Social Behaviour:

Social control is necessary in order to regulate the individual behaviour in
accordance with the social objectives and social values. This helps to maintain the
social order. Unless the individuals live up to the prescribed norms of conduct
and unless their self-seeking impulses are subjugated to the welfare of the whole,
it would be quite difficult to maintain social organisation effectively. Hence, social
control is necessary for the society in order to exist and progress.

3. Obedience to Social Decisions:

ADVERTISEMENTS:

Society takes certain decisions. These decisions are taken in order to maintain
and upheld the values of the society. Through social control attempt is made to
get the social decision obeyed.
4. To Establish Social Unity:
Unity is not possible without social control. Social control regulates the behaviour
of individuals in accordance with established norms which brings uniformity of
behaviour and brings unity among the individuals.

5. To bring Solidarity:
Social control is to create the feeling of solidarity in the minds of people. In the
competitive world, the weaker group may be exploited by the stronger group or
equally powerful groups may clash among themselves. This affects the harmony
and order. Some groups may develop anti-social attitudes and pose danger to the
organisation of the society. Therefore, there is necessity for the different groups
and institutions.

6. To bring Conformity in Society:

Social control is intended to bring about uniformity in the behaviour of the
individual members of the society and to bring about different types of
conformities in their societies.

7. To Provide Social Sanction:

Any marked deviation from the accepted norms, is considered a threat to the
welfare of the group as a whole. Hence, sanctions are used by the group to control
the behaviour of the individuals.

8. To Check Cultural Maladjustment:

Society is continuously undergoing changes. The individual has to adjust his
behaviour according to changes taking place in the society. But all the individuals
cannot adjust themselves to new situations. Some may become deviants. Thus,
social control is necessary to cheek maladjustment of individuals.

LAW: In modern society law is the most powerful formal means of social control. Law is
found only in those societies with a political organization. Law is a body of rules enacted by
legally authorised bodies and enforced by authorised agencies.

The main characteristics of law:

 Law are the general conditions of human activity prescribed by the state for its
citizen.
 Law is called law only if enacted by a proper law-making authority. It is a product of
conscious thoughts, deliberating attempts and careful planning.
 Law is definite clear and precise
 In similar circumstances law is applied without discrimination
 Penalties and punishments are prescribed for the violation of laws by the state
 Laws are always recorded and written. They cannot appear in the non-literate
societies

Law is derived from various sources. Law is based on moral notions in all societies. Laws
are made and legislations are enacted on the basis of social doctrines, ideals and mores.
Law need enforcing agencies such as police, court and armed forces help the enforcement
of laws. Administrative machinery of the state is the main agency for law enforcement.
Laws try to protect the individuals and society and promotes social welfare.

Laws perform two function:

1. To eliminate and supresses the homicidal activities of humans

2. Law persuades individuals to pay attention to the rights of others as well as to act in
cooperation with others.