CLCC 1001 INTERPRETATION OF

STATUTES

Large Group 3

The Nature of Laws

Learning Outcomes

CO1. Recall the role of courts and guided

principles for interpretation of any statutes.
CO2. Discuss the legislative intent of statute
and various principles pertaining to the same.
CO4. Compare the techniques adopted by
courts in construing statutes.
Review of Large Group 2
Interpretation
• In law, interpretation refers to
exposing the true sense of the
provisions of the statutes and to
understand the exact meaning
of the words used in any text.
• Interpretation refers to the
linguistic meaning of the legal
text.
• In the case where the simple
meaning of the text is to be
adopted then the concept of
interpretation is being referred
to.
Construction
• Construction, on the other hand,
refers to drawing conclusions
from the written texts which are
beyond the outright expression
of the legal text.
• The purpose of construction is to
determine the legal effect of
words and the written text of the
statute.
• In the case where the literal
meaning of the legal text results
in ambiguity then the concept of
construction is adopted.
Activity One
The Nature of
Laws
• A verbis Legis non Est
Recedendem

• Rajya Sabha & Lok Sabha:

• The Legislature v The Courts

• Law and Morality: Who wins?

Rules of
Interpretation
• Interpretation means the art of
finding out the true sense of
enactment by giving the words of
the enactment their natural and
ordinary meaning.

• Functus Officio: The legislature

enact and judges interpret!

• Salmond (again).
Significance?

• Judicial activism has been praised and the

slight circumvention of the canons of
interpretation has been ignored.

• Mens or Sentential Legis

Conclusion

• The process of construction combines

both literal and purposive approaches.

• Think, has the role of legislative intent in

statutory construction dwindled away?
Whats Next…
• In preparation for the Workshop please read your
required text. And Asif Iqbal Tanha vs State of NCT Delhi.

• Next week we will continue our focus on the Sources of

Statutory Interpretation, and conduct some comparative
analysis with the UK.