WELCOME

LAW333- INTERPRETATION OF
STATUTES AND LEGISLATIVE
DRAFTING

LECTURE DELIVERED BY: MS. AMANPRIYA SINGH 1

23-08-2021
 ABSTRACT

• The syllabus and course structure

• Why do we need to study the interpretation of statutes?
• Unit 1 – Principles of statutory interpretation – meaning of interpretation and
construction and rules of interpretation

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 INTRODUCTORY

What do you interpret ??

2
1

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Contd…

 What is an interpretation?

• An explanation or understanding of something.

• Finding a true meaning or the process of ascertaining the true sense of the

words used in the statutes.

 What is a statute?

 What is an Act ?

 What is construction?

 According to Salmond, interpretation or construction is the process by which

the Court’s seek to ascertain the meaning of the legislature through the

medium of the authoritative forms in which it is expressed

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Contd..

 Difference between interpretation and construction.

• Interpretation helps in determining the real meaning and intention of the
legislature.
• On the other hand, construction is used to ascertain the legal effect of the
legal text. The two terms are often used interchangeably.
• While interpretation is all about the linguistic meaning of the legal text,
Construction determines the legal effect of the words and writings of the
statute.

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Contd..

 What is statutory interpretation?

• Statutory interpretation is the process by which courts interpret and apply
legislation.

 How is it different from constitutional interpretation?

Eg – Kesavananda Bharti v. State of Kerala (1973) SC case – interpretation was
on A368 r w A 13(2) and the preceding judgments.
Eg - A21

• The Court’s role is somewhat narrower when it comes to statutory

interpretation.

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Contd.

 Some Important Points to be taken care of in the context of

interpreting Statutes:
1. The intention of the legislature.
2. The statute must be read as a whole.
3. The statute should be construed so as to make it effective and workable. The
fundamental principle of statutory interpretation is that the words of a
statute be read in their entire context and in their grammatical and ordinary
sense harmoniously with the scheme of the Act, the object of the Act, and the
intention of the legislature.
4. If meaning is plain, the effect must be given to it irrespective of
consequences.
5. The process of construction combines both literal and purposive approaches.

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Contd..

 Rules of interpretation
• The Court is not expected to interpret arbitrarily and therefore there have
been certain principles which have evolved out of the continuous exercise by
the Courts.

Primary rules Secondary/ other rules

Literal rule Expressio Unis Est Exclusio
Alterius
Mischief rule or heydon’s rule Contemporanea Expositio Est
Optima Et Fortissima in Lege
Rule of Reasonable Construction i.e. Noscitur a Sociis
Ut Res Magis Valeat Quam Pareat
Rule of Harmonious Construction Strict and Liberal Construction
Rule of Ejusdem Generis

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 To be continued..
In the next class

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