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Liberal Construction of Statutes

The document discusses the liberal construction of statutes. It states that while literal interpretation of statutes is used to determine legislative intent, it sometimes destroys the true purpose of the law. Liberal interpretation can rectify logical defects and give effect to the latent intent of the legislature. Courts have liberally interpreted statutes to advance substantial justice rather than giving narrow meanings. Common law recognizes liberally construing remedial laws and interpreting all laws liberally. Interpretation of procedural enactments should be liberal to enforce substantive rights, and all provisions protecting fundamental human rights should be liberally interpreted. Remedial and beneficial statutes aimed at social reform should avoid strict construction.

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Ruchi sharma
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3K views1 page

Liberal Construction of Statutes

The document discusses the liberal construction of statutes. It states that while literal interpretation of statutes is used to determine legislative intent, it sometimes destroys the true purpose of the law. Liberal interpretation can rectify logical defects and give effect to the latent intent of the legislature. Courts have liberally interpreted statutes to advance substantial justice rather than giving narrow meanings. Common law recognizes liberally construing remedial laws and interpreting all laws liberally. Interpretation of procedural enactments should be liberal to enforce substantive rights, and all provisions protecting fundamental human rights should be liberally interpreted. Remedial and beneficial statutes aimed at social reform should avoid strict construction.

Uploaded by

Ruchi sharma
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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LIBERAL CONSTRUCTION OF STATUTES

I.INTRODUCTION
The purpose of interpreting statutes is to get what the legislature intended while writing the
provisions. For this judiciary take resort to literal interpretation, but sometimes a part of
statute by way of literal interpretation destroys the true purpose of the law. By way of giving
that part liberal interpretation the logical defect can be rectified and the latent intent of the
legislature behind the statue of law can be given effect. In leading cases judiciary has given
liberal interpretation to the statues so as to advance substantial justice. Instead of giving
narrow meaning to the terms of the statues, they are given wider meaning. Common law
recognizes two canons of liberal interpretation; one is the liberal construction of remedial
laws and the other that all laws should be liberally construed. Interpretation of procedural
enactment should be liberal for the enforcement of substantive rights. All the provisions that
provide for the protection of fundamental human rights should be given liberal interpretation.
Strict construction of welfare, social and beneficial statues should be avoided and this
principle is being promoted by many states as they are rejecting strict construction. Remedial
or beneficial statutes are those which in order to bring out some social reform are directed to
cure the immediate mischief caused to a particular group of persons to ameliorate their
conditions.1 Under liberal interpretation public acts are given more importance than the
private acts, thats why in the condition of conflicts between public and private interests,
public interest were to be favored over private interests.

In this project author has explained different aspects of liberal interpretation of remedial
statues. Different remedial and welfare statutes are taken into consideration while arriving at
the conclusion. For that matter author reached the final stage by the way of analysis of
precedents set by Supreme Court of India related to liberal interpretation of welfare and
remedial enactments.

1 Central Railway Workshop, Jhansi v. Vishwanath, AIR 1970 SC 488.

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