PRESENTATION

ON

LEGISLATIVE INTENTION

Presented by- Nandini Kumari

Course- BBA LLB(HONS)
Enrollment Id- 19FLICDDN01081
INTRODUCTION TO
LEGISLATIVE INTENTION
 A statute is an edict of the legislature and the
conventional way of interpreting a statute is to
seek the 'intention' of its maker. It is the
judicature's duty to act upon the true intention of
the legislature or the mens or sentential legis
through the most natural and probable signs which
are either the words, the context, the subject
matter, the effects and consequences or the spirit
and reason of the law.
 The courts have to objectively determine the
interpretation with guidance furnished by the
accepted principles. If a statutory provision is open
to more than one interpretation the court has to
choose that interpretation which represents the true
intention of the legislature. The function of the
courts is only to expound and not to legislate.
APPLICATION OF LEGISLATIVE
INTENTION
 P. Ramchandra Rao vs. State of Karnataka- It
was urged before the supreme court in taking one
step forward in prescribing the time limits beyond
which no criminal proceeding should be allowed.
It was held that the courts can declare the law, they
can interpret it, they can remove the lacuna, fill
gaps but cannot entrench upon the field of
legislation properly meant for legislature. Here
intention of the legislature is the seperation of
power. Each organ of the govt. should perform
their own functions and should not go into the
field of the other.
 M.V Joshi Vs. MU Shimpi AIR 1961- This case
is relating to Food And Adulteration Act, it was
contended that the act does not apply to butter
made from curd. However, supreme court held that
the word butter in the said act is plain and clear
and there is no need to interpret it differently.
Butter is butter whether made from milk or curd.
 Lee Vs. Knap- In this case accident occurred
where the driver of the vehicle involved had to
stop for a period of few minutes . The court said “a
momentary pause will not exempt the driver from
the necessity of stopping to give the particulars
contemplated by the section. The obligation or the
intention of legislature under the section is to stop
for such a period as may be reasonable to enable
the question to be put if there is anybody in the
vicinity who desires to put them.