SUBJECT :INTERPRETATI

ON OF STATUTES
SUBJECT CODE : 406
BY: Ms. RITIKA JUNEJA
ASSISTANT PROFESSOR,
VSLLS,VIPS
CONTENTS OF THE SYLLABUS
Unit-I: Introduction
• Meaning of Interpretation
• Need for Interpretation
• Act, Enactment, Statutes, Ordinances, Rules, etc.
Unit -II: Internal Aids to Interpretation
a. Title
b. Preamble
c. Heading
d. Marginal Note
e. Section
f. Sub-section
g. Punctuation
h. Illustration
i.Exception
j. Proviso
k. Explanation
l. Saving Clause
m. Schedule
Unit-III: External Aids to Interpretation
a. Constituent Assembly Debates for Constitutional Interpretation
b. Constitution of India
c. Legislative History: Legislative Intention
d. Statement of Objects and Reasons
e. Legislative Debates
f. Committee Reports, Law Commission Reports
• Unit -IV: Rules of Interpretation
a. Literal Rule
b. Golden Rule
c. Mischief Rule
d. Legal Fiction
e. Ejusdem generis
f. Noscitur a sociis
g. Reddendo singula singulis
h. Generalia specialibus non derogant
i. Expressio unius est exclusion alterius
DOCTRINE OF SEPERATION OF
POWER
• 3 organs of the state :
Legislative - The main function of the legislature is to enact a law. Enacting a law expresses the will of
the State. It is the basis for the functioning of executive and judiciary. It is spotted as the first place
among the three organs because until and unless the law is framed the functioning of implementing
and applying the law can be exercised.
Executive- It is the organs which are responsible for implementing, carrying out or enforcing the will
of the state. The executive is the administrative head of the government.
Judiciary It refers to those public officers whose responsibility is to apply the law framed by the
legislature to individual cases by taking into consideration the principle of natural justice, fairness.
• The definition of separation of power is given by different authors. But in general, the meaning of
separation of power can be categorized into three features:
Person forming a part of on organs should not form the part of other organs.
One organ should not interfere with the functioning of the other organs.
One organ should not exercise the function belonging to another organ.
• The Indian Constitution does not strictly follow the principle of separation of
powers. The executive is a part of legislature and is responsible to it.
Functionally the President’s or the Governor’s assent is required for all
legislation. Beside this by the virtue of Art. 123 and 212, the President or the
Governor has the power to making ordinance when both Houses of the
legislature are not in the secession.
• In the case, Kesavananda Bharati vs. State of Kerala, Beg. J added that separation
of power is a part of the basic structure of the constitution. Regarding the
separation of power Beg. J added that separation of powers is a part of the basic
structure of the constitution. None of the three separate organs of the Republic
can take over the function assigned to the other. The scheme of the constitution
cannot be changed even by restoring to Article 368 of the Constitution.
• Governmental power has been divided into three wings namely the legislature, the executive and the
judiciary. Interpretation of statues to render justice is the primary function of the judiciary. It is the
duty of the Court to interpret the Act and give meaning to each word of the Statute
• Legislature- Legislates. Legislation may be described as law made deliberately in a set form by an
authority, which the courts have accepted as competent to exercise that function.
• deliberate law making through legislation is indispensable to the regulation of the modern state.
Legislation is the most potent and sovereign source of law making. It is the only source which has all
the powers of enacting laws, repealing old laws modifying current laws.
• The major function of the judiciary is of adjudication of claims and counter claims of the litigants. In
doing so sometimes where the law applicable to the factual aspects of the case is such that there is a
provision in it which is capable of two meanings. In order to clarify this situation the important
functions of the Courts in administering justice comes into play Viz. interpretation of statute.
• Interpretation, it is well known, is not so simple as giving a meaning to the text of the statute; which
is in harmony with the intention of the legislature. Meaning and intentions of the legislature are
highly complicated concepts.
DUTY OF JUDGE
• To find out true intention of the legislature.
• Maxim of British Jurisprudence “ optima est lex minimum relinquit
arbitrio judicits, otimus judex qui minimum sibi- that system of law is
best which relinquishes as little as possible to the discretion of the
judge.
• The object of the rules of interpretation is to help the judge ascertain
the intention of the legislature- not to control that intention or to
confine it within the limits which the judge may dee reasonable.
• From Literal Rule to Golden Rule.
UNDERSTANDING THE MEANING OF
INTERPRETATION
• The term interpretation means “To give meaning to”.
• The interpretation involves a choice among several alternative results that can be reached in references to the case on
hand, not only on the basis of the text but also by filling gaps to effectuate the presumed intention of the legislature, by
integrating the statutory prescriptions with the general body of the law.
• The duty of the Courts is to ascertain and give effect to the will of Parliament, as expressed in its enactment. In the
performance of such duty, the Judges do not act as computers into which are fed the statute and the rules of the
interpretation of statutes and from whom issues forth the mathematically correct answers.
• The interpretation of statute is a craft as much as a science and the judge as craftsman select and apply the appropriate
rules as the tools of their trade.

• Interpretation is the art of finding out the true sense of any form or words; i.e. the sense which their author
intended to convey, and of enabling other to drive from them the same idea which the author intended to convey.
Interpretation only takes place if the text conveys some meaning or other.
• By interpretation is meant the process by which the Courts seek to ascertain the meaning of the legislature through
the medium of the authoritative forms in which it is expressed.
• 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 is the act of finding out the true sense of any form of words, that
is, the sense which the author intended to convey, and of enabling others to
derive from them the same idea which the author intended to convey.
• The Court has to harmonise the letter and spirit of an enactment. The idea is to
get at the ‘intent of the legislature
• 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 OF CONSTRUCTION
• Interpretation may be defined as the act of finding out the true sense of
any form of words, that is, the sense which their author intended to
convey, and of enabling other to derive from them the same idea which
the author intended to convey. Whereas, Construction may be termed as
the drawing of conclusions respecting subject that lie beyond the direct
expressions of the text, from elements known from and given in the text,
conclusions which are in the spirit, though not in the letter of the text.
• Construction is the drawing of conclusions respecting subjects that lie
beyond the direct expressions of the text, from elements known from
and given in the text, conclusions which are in the spirit, though not in
the letter of the text.
What is Statute?(Types different PPT)
• A statute is the will of the legislature.
• it denotes the Act enacted by the legislature. A statute is thus a written “will” of the legislature
expressed according to the form necessary to constitute it as a law of the state, and rendered
authentic by certain prescribed forms and solemnities
• One of the characteristics of enacted law is its embodiment in authoritative formula.
• Statute law is the principal source of modern law. It is quickly made, definite, easy of access and
easy to prove.
• A statute, it is said, is law as soon as it is passed; it does not have to wait for recognition by the
courts before becoming entitled to the name ‘law’.
• The courts recognize a statute because it is law; it is not law merely because the courts recognize
it. Statute may be regarded as a body of universal, absolute, binding rules.
PARTS OF STATUTE OR INTERNAL AID
1. TITLE
2.PREAMBLE
3.HEANDING AND TITLE OF A CHAPTER
4.DEFINITIONS
5.MARGINAL NOTES
6.PROVISO
7.EXPLAINATION
8.ILLUSTRATION
9.SCHEDULES
 NEED/ OBJECT AND PURPOSE OF
INTERPRETATION
• The object of interpretation is to discover what legislature intended. This intention is to be
ascertained from the text of enactment.
• It is presumed that the legislature speaks its mind by use of correct expressions and therefore,
unless there is an ambiguity in the words used in the language, the provision should be read and
understood in their grammatical sense.
• When the language of the provision is clear, it should not be twisted to arrive at a “supposed
intention”.
• The words used in the provision should be assigned their plain and ordinary meaning and then the
language should be understood in its literal sense.
• I f the results drawn are absurd, then the courts should look for some other “logical” meaning of
those words to remove ambiguity and absurdity.
• If the words used are certain and precise and admit of only one meaning, there is no need to
expound those words.
• Thus, if the language is plain and explicit, it should be given effect.
 CASE LAWS
• KESHAVIJI RANJI & CO. v CIT (1990) 2 SCC 231
SC observed that as long as there is no ambiguity in the statutory
language, resort to any interpretation process to unfold
legislative intent cannot be applied to whittle down the statutory
language which is otherwise unambiguous. If the intendment is
not in the words used, it is nowhere else. The need for
interpretation arises when the words used in the statute are on
their own terms, ambivalent and do not manifest the intention of
the legislature.
• STATE OF JHARKHAND v GOVIND SINGH (2005) 10 SCC 437
It was held that when the words of a statute are clear, plain or
unambiguous i.e. they are reasonably susceptible of only one
meaning, the courts are bound to give effect to that meaning
irrespective of consequences. Attention should be paid to what
has been said as also to what has not been said. Court can
interpret law but cannot legislate.
• SRI JEYARAM EDUCATIONAL TRUST v A.G. SYED MOHIDEEN
(AIR 2010 SC 671)
It was held that the purpose of interpretation is not to make a
provision what the judge thinks it should be, but to make it what
the legislature intended it to be.
 RULES OF INTERPRETATION
• These rules are being applied by the Courts while interpreting various statutes. These rules
are here as to interpret laws so that the legislation serves its purpose for which it was
enacted. The rules examine the wording of the particular statute and are the most common
approach of interpretation of the English legal system.
• Grammatical- Literal meaning Rule- the words of an enactment are to be given their literal
meaning, and if such meaning is clear and unambiguous, effect should be given to a
provision of a statute whatever may be the consequence
• Golden Rule: The Golden Rule of interpretation is to adhere to the ordinary meaning of the
word used unless it leads to anomaly or absurdity. Where to apply words literally would
defeat the obvious intention of the legislature and produce a wholly unreasonable result,
Judge can do some violence to the words and so achieve that obvious intention and
produce a rational interpretation.
• Mischief Rule- office of all the Judges is always to make such construction as shall suppress
the mischief, and advance the remedy