3/11/22, 6:16 PM Brief regarding Rules of Interpretation of statutes

Introduction

Enacted laws, especially the modern acts and rules, are drafted by legal experts and it
could be expected that the language used will leave little room for interpretation or
construction.

But the experience of all those who have to bear and share the task of application of the
law has been different.

It is not necessary that the words used in a statute are always clear, explicit and
unambiguous and thus, in such cases it is very essential for courts to determine a clear
and explicit meaning of the words or phrases used by the legislature and at the same
time remove all the doubts if any. Hence, all the rules mentioned in the article are
important for providing justice.

Interpretation means

The term has been derived from the Latin term ‘interpretari’, which means

> to explain,

> expound,

> understand, or

> to translate.

Interpretation is the process of explaining, expounding and translating any text

or anything in written form.

This basically involves an act of discovering the true meaning of the language which has
been used in the statute. Various sources used are only limited to explore the written text
and clarify what exactly has been indicated by the words used in the written text or the
statutes.

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.

There can be mischief in the statute which is required to be cured, and this can be done
by applying various norms and theories of interpretation which might go against the literal
meaning at times.

The purpose behind interpretation is to clarify the meaning of the words used in the
statutes which might not be that clear.

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3/11/22, 6:16 PM Brief regarding Rules of Interpretation of statutes

The art of finding out the true sense of an enactment by giving the words of
the enactment their natural and ordinary meaning.

It is the process of ascertaining the true meaning of the words used in a statute. 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. These
principles are sometimes called ‘rules of interpretation’.

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

Some amount of interpretation is often necessary when a case involves a statute. … But
in many cases, there is some ambiguity or vagueness in the words of the statute that
must be resolved by the judge.

Interpretation of statute is the process of ascertaining the true meaning of the words used
in a statute.

Object of interpretation

When the language of the statute is clear, there is no need for the rules of interpretation.

But, in certain cases, more than one meaning may be derived from the same word or
sentence. It is, therefore, necessary to interpret the statute to find out the real intention of
the statute.

 determine the intention of the legislature

 conveyed expressly or impliedly in the language

used. In the process of interpretation, several

aids are used. They may be statutory or non-

statutory.

Statutory aids may be illustrated by the General Clauses Act, 1897 and by specific
definitions contained in individuals Acts.

Non-statutory aids are illustrated by common law rules of interpretation (including certain
presumptions relating to interpretation) and also by case-laws relating to the
interpretation of statutes.

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3/11/22, 6:16 PM Brief regarding Rules of Interpretation of statutes

Interpretation of Statutes is required for two basic reasons:-

Legislative Language – Legislative language may be complicated for a layman, and

hence may require interpretation; and

Legislative Intent – The intention of the legislature or Legislative intent assimilates

two aspects:

a. the concept of ‘meaning’, i.e., what the word means; and

b. the concept of ‘purpose’ and ‘object’ or the ‘reason’ or ‘spirit’ pervading through the
statute.

Principles of interpretation

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.

Some Important points to be taken care of in the context of interpreting Statutes:

Intention of the legislature.

Statute must be read as a whole in its Context.

Statute should be Construed so as to make it Effective and Workable – if statutory

provision is ambiguous and capable of various constructions, then that construction must
be adopted which will give meaning and effect to the other provisions of the enactment
rather than that which will give none.

If meaning is plain, effect must be given to it irrespective of consequences.

The process of construction combines both the literal and purposive approaches.

The purposive construction rule highlights that you should shift from literal construction
when it leads to absurdity.

Nature and Scope

Necessity of interpretation would arise only where the language of a statutory provision is

> ambiguous,

> not clear or

> where two views are possible or

> where the provision gives a different meaning defeating the object of the statute.

If the language is clear and unambiguous, no need of interpretation would arise.

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3/11/22, 6:16 PM Brief regarding Rules of Interpretation of statutes

In this regard, a Constitution Bench of five Judges of the Supreme Court in R.S. Nayak v
A.R. Antulay, has held:

“… If the words of the Statute are clear and unambiguous, it is the plainest duty of the
Court to give effect to the natural meaning of the words used in the provision. The
question of construction arises only in the event of an ambiguity or the plain meaning of
the words used in the Statute would be self-defeating.”

Again Supreme Court in Grasim Industries Ltd. v Collector of Customs, Bombay, has
followed the same principle and observed:

“Where the words are clear and there is no obscurity, and there is no ambiguity and the
intention of the legislature is clearly conveyed, there is no scope for court to take upon
itself the task of amending or altering the statutory provisions.”

The purpose of Interpretation of Statutes is to help the Judge to ascertain the intention of
the Legislature – not to control that intention or to confine it within the limits, which the
Judge may deem reasonable or expedient.

The correct is one that best harmonises the words with the object of the statute.

Difference between Interpretation and Construction

“Interpretation differs from construction in the sense that the former is the art of finding
out the true sense of any form of words; i.e. the sense that their author intended to
convey. Construction on the other hand, is the drawing of conclusions, respecting the
subjects that lie beyond the direct expression of the text.

Sl. Grammatical Interpretation Logical Interpretation

No.

1 Literal Interpretation Functional Interpretation

2 Letter of Law Spirit of Law

3 Looks at Verbal Expression of Law Looks beyond Verbal Expression of

Law

4 Tries to find meaning of words Tries to find true intention of the

given in the legislature legislature

5 The popular or dictionary meaning of Check the circumstances under which

the term is referred law was written

6 It gives the plain sense It looks for inherent sense

7 Used frequently in courts Used rarely in courts

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