THE ROLE OF JUDGES IN INTERPRETATION OF STATUES

Abstract

Interpretation of statues is the key to our legal world. Interpretation is a process where
determination of law is done. In law, statutes are the main source of jurisdiction. It is a
legislatively enacted law. All aspects of our legal system are regulated primarily by statutes.
Statutory interpretation is an essential component of the decision-making process in courts
since judges are responsible for interpreting legislation to determine its meaning and intent.
This research paper seeks to give a thorough examination of the complex role that judges
play in statutory interpretation, covering the methods that judges use, the historical
development of statutory interpretation, and the effects of their rulings on legal systems.

Keywords

 Interpretation of Statues
 Judicial Discretion
 Contextual Approach
 Judicial Activism
 Textualism
 Legislative Intent

Introduction

Interpretation of statues is the key to our legal world. Interpretation is a process where
determination of law is done. This process is complex and challenging but it is the most vital
part to make sure that law is applied with fairness and without bias. Determining the meaning
of a statute or other legal provision is the process of interpretation. The foundation of any
legal system, statutes are often referred to as legislative enactments.

In law, statutes are the main source of jurisdiction. It is a legislatively enacted law. All aspects
of our legal system are regulated primarily by statutes. However, it can also be rather
complicated, which is where statue interpretation is useful.
By using a process known as "statutory interpretation," judges can determine the true
meaning of a piece of legislation by dissecting its language. The judiciary practices the art of
interpretation to give the words of the legislators meaning, while the legislature enacts laws.
But the legislator's intention and the judiciaries frequently diverge, which can cause dispute
and cast doubt on the judiciary's ability to fully use its power of interpretation.

Statutory interpretation is an essential component of the decision-making process in courts

since judges are responsible for interpreting legislation to determine its meaning and intent.
Judges must negotiate a variety of interpretive techniques to do this complex task, striking a
balance between the pursuit of justice and textual faithfulness.

Judge in the Legal System

A judge plays a vital role in the legal system. They are the best instruments for handling and
settling cases under the existing legal system. Their focus lies in restoring the essence,
authenticity, and coherence of legal regulations. The realists argued that legal reasoning was
not always required and that there could be a variety of reasons why the judge reached his
conclusion. As a result, judges' interpretation of the law has become their speciality.

When a judge pronounces a verdict, it is not just because of the statute, but also because of
the judge's desire to determine what the legislature's purpose was. The judge applies his
interpretation of the statute to the legislative intent that he perceives.

There will also be a lack of precision or explanation because laws must be written such that
they can be readily implemented in various circumstances. Legislation drafted incorrectly can
also result in confusing, unclear, or useless laws that, despite their intended purpose, fail to
accomplish it. Under such circumstances, judges should give legislation effective importance.

According to Cardozo, the true motivation is that judges have a duty to uphold the morality
of the law, the jurisprudential principles, and the union of reason and good conscience, within
the bounds of their creative ability. Often, judicial decisions determine people's fate more so
than broad parliamentary acts. Most people are impacted by judicial decisions, as are those
involved in litigation, as the law frequently follows a judge's ruling.

Historical Development of Statutory Interpretation

Judges were entrusted with interpreting legislative texts in early legal systems, which is
where statutory interpretation got its start. But the fundamentals of statutory interpretation
were more methodically approached during the legal positivist era. The foundation for
comprehending the legislative intent was established in the 19th century by the
groundbreaking work of legal scholars like Jeremy Bentham and John Austin.

Early methods of statutory interpretation were frequently formalistic and focused on the text's
obvious meaning. But as social mores and legal systems grew more intricate, judges found it
increasingly difficult to interpret the law in a way that reflected the shifting needs of the
community. As a result, other interpretive techniques emerged, indicating a move away from
rigorous textualism and towards more flexible strategies that took the larger context into
account.

Instruments for Statute Interpretation

Judges employ a variety of techniques to help them interpret the law, but they most frequently
rely on five different types of interpretative techniques: common sense, legal context,
constructing canons, legislative history, and evidence of the application of a legislation.

 Kay Iron Works (P) Ltd. v. Molar Mal.

The Court decided that there is an exception to the statutory construction rule, while
emphasising that courts must adhere to it. This rule permits the court to interpret phrases in
the manner that the Legislature intended.

This Court has noted that exceptions arise when applying the literal meaning of terms leads to
unreasonableness or irregularity, or when a legal section is provided where words are
employed; also, a thorough comprehension of the law as a whole is required.

 Inland Revenue Commission v. Mangin

It is implied that the legislature's intention was not to determine what was right or wrong, or
to create a statute based on injustice or absurdity. Consequently, such an interpretation may
be put into practice if a literal meaning leads to such an outcome and the language permits an
interpretation that would prevent it.
Global Perspective:

Legislative interpretation has been a source of significant judicial dispute in almost all
common law jurisdictions.

The words used in Town v. Eisner Justice Homes are not steady, crystal clear, or crystal clear.
It is a dynamic concept whose colour and content can change depending on the
circumstances.

According to Jones in Jones v. Wroththam Park, the court of justice engaged in construction
even in cases where it was necessary to read provisions into statutes that were not expressly
covered by them. Jones stated in this case that he was not unwilling to adopt a purposive
construction in which to put in literal definitions of legislative language that lead to outcomes
that understandably defeat the purpose of the statute.

Rules of Interpretation of Statues

1. First Rule: Literal Explanation

This rule states that judges must accept statements made in accordance with the law's
provisions. Another name for this rule is the "plain meaning rule." Analysing the terminology
and literal meaning of the law throughout the interpretation process is the first and most
important phase. The most important guideline is to take words at face value. The rule should
only be applied in situations where words have clear and unambiguous meanings; that is,
where terms are simple enough to make the language understandable and allow for the
extraction of only one interpretation from the legislation. It ought to be kept in mind.

In order to eliminate ambiguity, legislatures also include "definitions" sections in statutes that
precisely define the most pertinent terms used in the legislation.

Even though the legislators may have had different intentions, if the words are clear, they
must be applied practically, and the result must be unpleasant or unwanted.1

2. The Mischief Rule:

1
Mayank Shekhar , Rules of Interpretation , April 1, 2017, https://www.legalbites.in/law-notes-interpretation-
rules-of-interpretation/
The goal of the mischief rule of statutory interpretation is to ascertain the legislator's
intention. It originated from the Heydon case in the UK, and its main goal was to identify the
problem and defect that the relevant statute was meant to fix.

The Heydon Case acknowledged this. where it was stated that four considerations have to be
taken while interpreting a statute.

 Prior to the enactment of the statute, common law

 What "mischief and mistake" was it that the common law failed to provide for?
 What is the Parliament-approved treatment plan for the Commonwealth disease?
 What is the remedy's true intention?

Compared to the literal and golden rules, the application of this rule gives the judge greater
discretion because it facilitates his ability to effectively determine what the will of Parliament
is. Since the legislature no longer has the authority to enact laws, it may be argued that this is
anti-democratic and a violation of Parliament's sovereignty.

3. The Golden Rule:

The Golden rule, sometimes known as the British rule, is a statutory interpretation technique
that calls for a court to deviate from a term's ordinary meaning in order to avoid an irrational
result.

It is a balance between the literal rule and the mischievous rule. It gives statutory phrases a
straightforward, everyday meaning, much like a literal rule. However, a judge may depart
from this interpretation if it yields an absurd outcome that is unlikely to have been the
legislature's purpose. A judge can determine which meaning is preferable when there is only
one word and multiple interpretations.

If there is only one word and one definition, using this would lead to an insufficient ruling,
allowing the judge to look for alternative interpretations.

4. Harmonious Construction Rule:

The norm of harmonious construction should be adhered to where there is a conflict between
two or more acts, statutes, or parts of acts or statutes.
The rule is based on the very clear premise that every statute has a purpose and meaning and
should be interpreted considering the law. Every legislation or statute should have its
interpretation authorised. When it is not possible to coordinate both clauses, the ruling of the
court regarding that particular provision will take precedence.

The harmonic construction rule is a prudent guideline to adhere to when interpreting statutes.
A court's purpose should be to provide an interpretation that makes the enactment compatible.
It is imperative to adhere to construction practices that preclude incongruity or distaste
among the different portions or segments of the legislation.

It is a well-established legal principle that the concept of justice must be served by avoiding
interpretations that cause hardship, inequality, inconvenience, or inconsistency.

Judges' Methodologies

Judges interpret statutes using a variety of methodologies, each with its own set of guiding
principles and consequences. Textualism stresses taking the legislative text literally and is
frequently linked to stringent constructionism. This strategy is based on the idea that the text
itself best conveys the goal of the legislative body. Nevertheless, detractors contend that rigid
textualism can produce unfair results, particularly when the wording is unclear or
insufficiently addresses modern concerns.

On the other hand, the purposive approach focuses on the fundamental goal or principle of a
statute. When using this approach, judges try to understand the legislative intent behind the
statute and apply it in a way that furthers the overall objectives of the legislation. Purposivism
gives judges more latitude in their interpretation, but detractors claim that this could lead to
judicial activism since it could encourage judges to enforce their own preferred policies.

The contextual or contextualist technique is an alternative strategy that considers the

surrounding context and legislative history in addition to the text and purpose. This approach
acknowledges that effective interpretation depends on a comprehension of the whole
legislative framework, as statutory language is not always self-contained. Legislative history,
however, can be contentious because it doesn't necessarily represent a unanimous agreement
among legislators.
As a result of these approaches' development, judges now take a more eclectic attitude,
combining textualism, purposivism, and contextual analysis according to the particulars of
each case. This practical approach seeks to reconcile the need to accommodate the
complexity of contemporary legal challenges with the intent of the law.

Legal Systems Are Affected by Judicial Decisions

Judicial decisions about the interpretation of statutes have a major impact on legal systems.
Such rulings establish precedents that serve as guidelines for ensuing cases and influence the
evolution of the law. The predictability and clarity of statutory interpretation are critical to the
coherence and consistency of legal principles.

Higher courts' rulings are binding on inferior courts in common law systems when the stare
decisis concept is in effect. As a result, a hierarchy of precedent is established, with each
decision advancing the formation of new legal doctrines. Therefore, the way judges interpret
the evidence in these cases has a significant influence on how laws develop over time and
how predictable court decisions are.

Moreover, there is a connection between judges' statutory interpretation duties and the more
general idea of judicial activism. Judges' decisions can impact the evolution of the law by
addressing societal changes or resolving gaps in the law, in addition to their duty of
interpreting statutes. There is continuous discussion over judicial activism, which occurs
when judges influence legal policy in addition to reading statutes. Maintaining the integrity of
legal systems and the separation of powers requires striking the correct balance between
activism and interpretation.

In summary, judges' interpretation of statutes is a complex and dynamic part of the judicial
decision-making process. The development of statutory interpretation over time shows a
move away from rigorous textualism and towards more adaptable and practical methods.
Judges seek to ascertain legislative purpose and apply legislation to current circumstances by
navigating through a variety of approaches, including as textualism, purposivism, and
contextual analysis.

Judicial decisions have far-reaching effects on legal systems, affecting how legal concepts are
developed and how predictable results are. The need for judges to use their judgement with
caution is highlighted by the fine line that separates interpretation from activism. The
function of judges in statutory interpretation is crucial to preserving justice, preserving legal
coherence, and adjusting to the always shifting social dynamics as legal systems continue to
develop.

A Critical Evaluation

courts' Interpretations of Statutes Are Subject to Change Over Time: Depending on the
particulars of a case, courts worldwide may interpret statutes in their literal sense or with a
purpose. For instance, the ability of the parliament to alter the constitution has been construed
differently depending on the circumstances.

The Supreme Court affirmed in the Shankari Prasad case that the parliament had the authority
to change the Indian Constitution under Article 368, which includes the power to amend basic
rights.

 Case of Sajjan Singh (1965)2

The Supreme Court noted in this instance that any section of the Constitution and
fundamental rights may be amended by Parliament.

 Case of Golaknath (1967)3

It is stated that the parliament lacks the authority to change basic rights and that Article 368
merely lays out the procedure for doing so, not the actual authority. This case gave
fundamental rights a "transcendental status."

 Case of Keshwananda Bharti4

The Supreme Court declared that parliament could restrict or eliminate basic rights,
overturning the Golaknath ruling. It established the fundamental framework of the
constitution and held that the parliament's constituent power, as granted by Article 368, does
not permit it to modify the fundamental framework. This allows us to see and examine how
the judiciary understood these cases under various historical and contextual contexts.

2
[Sajjan Singh v. State of Rajasthan], [AIR 1965 SC 845],
[https://www.legalbites.in/landmark-judgements/case-analysis-sajjan-singh-v-state-of-rajasthan-1965-932298]
3
[Golaknath v. State Of Punjab], [1967 AIR 1643, 1967 SCR (2) 762], [https://indiankanoon.org/doc/120358/]
4
[Kesavananda Bharati Sripadgalvaru and Ors. Vs. State of Kerala and Anr.], [1973) 4 SCC 225: AIR 1973 SC
1461], [https://judgments.ecourts.gov.in/KBJ/?p=home/intro]
Advice

According to the author, judges should interpret statutes literally because the spirit of the law
can be found in their drafting or creation. However, if a statute contains any ambiguities or
vague sections, judges should interpret them purposefully and apply their judgement, looking
beyond the words written in the statute.

Every case is unique, so the author makes the point that laws may have been drafted with
flaws that the legislature failed to disclose at the time of drafting, which led to confusion and
chaos later. In these situations, judges should interpret the statute correctly and fix any errors,
but if the statute is understandable and clear, with no errors that clearly resolve the case and
are justified, then judges should exercise their discretion in interpreting the statute. This
allows legislators to place legislative priorities in the most effective way possible.

Research Methodology:

A blend of doctrinal and empirical approaches are used in the research. A thorough
examination of judicial rulings, statutes, and legal concepts is required for doctrinal analysis.
In addition, case studies and interviews with legal practitioners and scholars are used to
collect empirical data. Understanding the differences in statutory interpretation techniques is
made easier by comparing the practices of various jurisdictions.

Review of Literature:

This study is grounded in the corpus of existing work on statutory interpretation. Textualism,
purposivism, and living constitution theory have all been extensively discussed by academics
including Hart, Scalia, and Dworkin. This review analyses different statutory interpretation
strategies critically in order to pinpoint legal community trends, disputes, and issues. The
significance of legislative intent in statutory interpretation has been widely explored by
academics. Understanding the difficulties with this method can be gained by looking at how
judges interpret and implement legislative purpose when there is no explicit textual
instruction.

The literature examines the conflict between a narrow focus on the text and a more
comprehensive assessment of legislative intent, discussing the advantages and disadvantages
of either strategy. The usefulness of contextual analysis in legislative interpretation is
examined in the literature. The complexity of this approach become clear when one
understands how judges weigh the larger context, which includes legislative history and the
surrounding legal environment.

A nuanced viewpoint on the application of contextual analysis is provided by the discussion

of criticisms pertaining to the validity and dangers of depending solely on legislative history.
The literature notes a shift in statutory interpretation towards a more eclectic and practical
approach. Judges do this by using a variety of interpretive techniques according to the
particular facts of each case.

The literature addresses the benefits of a pragmatic approach, highlighting the necessity of
judicial rulings being consistent and coherent while also emphasising flexibility to
contemporary legal difficulties.

Method:

The study examines seminal cases in which legal precedents were profoundly altered by
judicial interpretation. It also takes into account recent rulings that demonstrate how
legislative interpretation is always changing. The analysis covers common law and civil law
jurisdictions, providing a thorough understanding of the various judicial strategies used in
various legal frameworks.

Suggestions:

This research indicates that a balanced approach to statutory interpretation is necessary in

light of the findings. Judges should take into account the legislative intent and the larger
societal context in addition to the necessity of linguistic accuracy. Judicial decisions may be
more consistent if there are clear standards on the application of purposive techniques and the
use of legislative history. To further prepare upcoming judges, legal school programmes
ought to include instruction in statutory interpretation.

Conclusion:
The study concludes by highlighting the complex role that judges play in interpreting statutes
and the effects that their rulings have on legal systems. The analysis highlights the necessity
for a sophisticated strategy that takes into account the letter and spirit of the law. Judges must
negotiate the nuances of statutory interpretation as legal systems change in order to preserve
justice, preserve legal coherence, and adjust to the shifting needs of society.

DUVVURU SRAVYA REDDY

IFIM LAW COLLEGE, BANGALORE