RICHTERLICH ACADEMY

( JUNIOR CIVIL JUDGE, APP, TSAPP. CLAT, TSPGLCET, TS LAWCET, UPSC

LAW OPTIONAL)
2nd INTERNALS IMPORTANT QUESTIONS FOR
INTERPRETATION OF STATUTES
WRITTEN BY ROMANA ( BA.LLB, LLM, PGD)

INTERPRETATION
Interpretation of statutes is the correct understanding of the law. This process
is commonly adopted by the courts for determining the exact intention of the
legislature. Because the objective of the court is not only merely to read the law
but is also to apply it in a meaningful manner to suit from case to case. It is also
used for ascertaining the actual connotation of any Act or document with the
actual intention of the legislature.

MEANING AND CLASSIFICATION OF STATUTES

A Statute is a formal written enactment of a legislative authority that governs a

country, state, city, or county. Typically, statutes command or prohibit
something, or declare policy. The word is often used to distinguish law made by
legislative bodies from the judicial decisions of the common law and the
regulations issued by Government agencies.

Classification with reference to basis of Duration

(i) Perpetual statutes - It is perpetual when no time is fixed for its duration and
such a statute remains in force until its repeal which may be express or implied.
(ii) Temporary statutes - A statute is temporary when its duration is only for a
specified time and it expires on the expiry of the specified time unless it is
repealed earlier.
Classification with reference to Nature of Operation

(i) Prospective statutes – A statute which operates upon acts and

transactions which have not occurred when the statutes takes effect,
that is which regulates the future is a Prospective statute.
(ii) Retrospective statutes – Every statute takes away or impairs vested
rights acquired under the existing laws or creates a new obligation into
a new duty or attaches a new disability in respect of transactions or
considerations already passed are deemed retrospective or retroactive
statute.
(iii) Directory statutes – A directory statute is generally affirmative in its
terms, recommends a certain act or omissions, but imposes no penalty
on non-observance of its provisions.
(iv) Mandatory statutes – A Mandatory statute is one which compels
performance of certain acts and directs that a certain thing must be
done in a certain manner or form.

The Literal Rule of Interpretation of Statutes or Grammatical Rule

The fundamental principle of interpretation is to assign words their natural

original and precise meaning, provided that the words are clear and take into
account the purpose of the statute. This rule states that the provisions should be
examined in their literal sense and given their natural effect. It is also referred to
as the Plain Reading Rule, which means that the provisions should be read as
they are without any addition or substitution of words during interpretation.
The Mischief Rule of Interpretation of Statutes

The mischief rule focuses on determining the intention of lawmakers during the
interpretation of statutes. It originated in the United Kingdom in the 16th
century and was established in Heydon’s case. It was held that the primary aim
of interpreting a statute should be to identify the “mischief and defect” that the
statute intended to address and provide an effective remedy. This rule seeks to
answer the question of what problem the previous law failed to cover, leading to
the enactment of the statute in question.

The Golden Rule of Interpretation of Statutes

The golden rule, also known as the “British Rule,” provides flexibility in the
interpretation process by allowing deviation from the literal meaning of words
to avoid absurd outcomes. In other words, this rule permits a judge to depart
from the ordinary meaning of a word when interpreting it would lead to an
unreasonable result. The golden rule serves as a compromise between the literal
rule and the mischief rule. It generally gives words their plain and ordinary
meaning but allows for deviations when adhering strictly to the literal meaning
would lead to an irrational outcome contrary to legislative intent.

Rule of Beneficial Construction

A beneficial statute has to be construed in its correct perspective so as to fructify

the legislative intent. Although beneficial legislation does receive liberal
interpretation, the courts try to remain within the scheme and not extend the
benefit to those not covered by the scheme.