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The document discusses the principle of legislative intent in statutory interpretation. It provides several reasons why determining legislative intent is difficult, such as imperfect language and the legislature's inability to foresee all situations. It also discusses rules of interpretation, including reading the statute as a whole and in context to determine intent. The intention of the legislature is the primary consideration, and can be discerned by examining the entire statute and understanding the purpose and spirit behind it. Case law examples are provided to illustrate interpreting statutes based on legislative intent.

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53 views

Ios Mid 1

The document discusses the principle of legislative intent in statutory interpretation. It provides several reasons why determining legislative intent is difficult, such as imperfect language and the legislature's inability to foresee all situations. It also discusses rules of interpretation, including reading the statute as a whole and in context to determine intent. The intention of the legislature is the primary consideration, and can be discerned by examining the entire statute and understanding the purpose and spirit behind it. Case law examples are provided to illustrate interpreting statutes based on legislative intent.

Uploaded by

sreeram saipranitha
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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1.

INTENTION OF THE LEGISLATURE


It is also known as Primary Rule of Interpretation.
The principle holds that the primary goal of statutory interpretation is to
determine what the legislature intended when it passed the law. In fact the aims
and object of a statute is known as intention of the legislature.
When any statute is clear and unambiguous, the courts stated that the inquiry
into legislative intents ends at that particular point. The intention of the
legislature is to be construed when there is a possibility of two interpretations
differently arising and this has to be essentially constructed of two aspects,
1. the concept of meaning i.e what the words mean
2.the concept of purpose and object or the reason and spirit coming through the
statute.
According to Sir John Salmond “The duty of the judicature is to act upon the
true intention of the legislature- the mens or sententia legis”.But finding out
the intention of the legislature is not easy. A judge is not expected to interpret
the provisions of the statute arbitrarily, in order to find out the intention of the
legislature. He has to do the task with the help of established rules of
interpretation, which has been evolved in the course of time or through
understanding the illustrations, explanations, marginal notes given in the statute
itself.

Reasons why this principle finds difficult-


1. Words in any language are not scientific symbols to carry out any precise or
definite meaning.
2. Language is imperfect medium to convey ones thoughts especially under
various shades of opinion.
3. It is impossible for the most imaginative legislature to visualize the situations
exhaustively.
Ex- Counterfeiting of coins
In past there was usual counterfeit of coins, but now there was printing of
counterfeiting coins. The imaginative perspective of legislature cannot visualize
the whole advancement.
4. Functions of courts is only to expound and not to legislate.
Ex- In Vishaka and Hussainara Khatoon case the judges gave some rules to be
followed in work place and for police working in jail. These were not laws but
these for intentions expounded by judiciary.
5. The legislature becomes “functus officio”.
According to Salmond, “The essence of law lies in the spirit, not in its letter, for
the letter is significant only as being the external manifestation of the intention
that underlies it”.

Justice Gajendragatkar made the following statement in the case


AIR 2002 SC 1334
“The first and primary rule of construction is that the intention of the legislature
must be found in the words used by the legislature itself.”
Justice Krishna Iyer in the case AIR 1991 SC 1944
“The interpretative effort must be illumined by the goal though guided by the
word.”
“To be literal in the meaning is to see the skin and miss the soul.”
The Higher Judiciary has made the following statement in the following case-
Competition Commission of India vs. Steel Authority of India Ltd. (2010)
10 SCC 744
“Legislature in a modern State is actuated with some policy to curb an evil
practice or to effectuate some public benefit.”

Justice Chinappa Reddy


“Interpretation must depend on the text and the context.”
Sansar Chand vs. State of Rajasthan
In this case, Sansar chand made huge amount of money out of animal trading.
One day he was caught in possession of instrument for cutting elephant teeth,
animal nails etc.
The matter went to Supreme Court, the counsel contended that according to
criminal law there must be evidence. As the offence was done in the forest they
can’t find any evidence, so through theory of probability of reasonableness he
was convicted.
They contended that it was our family trade which was protected under Article
19(1) (g). If the legislature makes it as ultra vires to the constitution then it will
become unconstitutional.
Then the court said that we have to see under which context it was written and
interpret the same.
Kedia Leather and Liquor Ltd. vs state of Madhya Pradesh
Section 133 of CrPC– Water (Prevention and Control of Pollution) Act, 1974 –
Air (Prevention and Control of Pollution) Act, 1981 – Maintenance of public
order and tranquillity – Public nuisance
Whether the enactment of the Air Act of 1981 and Water Act of 1974 had the
effect of implied repeal of section 133 of the Code.
Held that section 133 of the Code was in the nature of preventive measure while
the Air and Water Acts were curative, preventive and penal in nature. All the
provisions were mutually exclusive and the question of one replacing the other
does not arise. There was no implied repeal of Section 133 of the Code by the
enactment of the Air and Water Acts and High Court erred in holding that there
was implied repeal.
The Court leans against implying a repeal, “unless two Acts are so plainly
repugnant to each other that effect cannot be given to both at the same time, a
repeal will not be implied, or that there is a necessary inconsistency in the two
Acts standing together.”
The statement of Justice Black Stone was quoted in the case-
AIR 1988 SC 2031
AIR 2001 SC 3134
“The most fair and rational method for interpreting a statute is by exploring the
intention of the legislature through the most natural and probable signs which
are either the words or the context, the subject matter and the reasons for the
law.”
Ex- P.V. Narasimha Rao vs. CBI- interpretation of Article 105

It is a well established rule that legislative intent comes into play only if the
literal rendering of a statute leads to ambiguity or injustice. The Supreme Court
of India has called this formulation the “cardinal rule of construction”. It is
accepted in traditional pedagogy that legislative intent is binding on the courts
in case of ambiguity and forms the basis of statutory construction.
2."Statute must be read as a whole in its context" is the one of the Rules of
Interpretation of legal terms.
A statute is written with several sections, exceptions, provisions, explanations,
illustrations, schedules, etc. They are inter-linked with each other. The
Legislature makes the Act with a purpose and object. Legislature intent is
reflected y the statute through its provisions distributed throughout the statute.
The determination of legislative intent is the first duty of the court, it is the
conventional method. For this purpose, the courts read entire statute with
reference to the context.
In the case AIR 2009 SC 1797 it was said that the following five principles will
come under the statute.
1. Statute as a whole.
2. The previous state of law.
3.Other statutes in pari materia.
4. The general scope of the statute.
5. The mischief that it was intended to remedy.

2. The intention of the Legislature can be found by reading the statute as a


whole. The rule is referred to as an "elementary rule", or a "compelling rule", a
"settled rule". One must look at the whole instrument when there is inaccuracy
and inconsistency in any part of the Instrument.

3. C. Sinha, says "The Court must ascertain the intention of the Legislature by
directing its attention not merely to the clauses to be construed but to the entire
statute".

Case Law:

While disposing Surendra vs. Nabakrishna, the Orissa Hight court held: "By
Context" is meant not only the textual context arising out of the other provisions
of the statute, but also factual context including the mischief to be remedied,
and the circumstances under which the statute was passed. But for such
restriction a compelling reason must be found."
4. Every clause and every section should be understood with reference to the
context, and the other clauses of the Act. The reason is that words do not always
retain their abstract or primary definition and their meanings vary in accordance
with the contextual use. When we read them, we find that they would get
secondary meaning and extensive recognition.

For example: Article 21 of the Constitution of Indian contains only 18 words.


But the Supreme Court gave several guidelines in several cases applying them
with the context of the whole constitution.

5. While disposing a case, the Allahabad High court observed: "in order to
ascertain the true Intent and purpose of a statutory provision, the Court should
not read the provision completely divorced or detached from the context in
which the provision is set or lose sight of the object or purpose of the enactment
as manifested by the other related provisions appearing on the same statute."

6. It is the duty of the Judge to examine every word of a statute in its widest
sense i.e. other enacting provisions of the same statute, its preamble, the
existing state of the law, other statutes in pari materia, the mischief and other
legitimate means.
7. The principle that the statute must be read as a whole is equally applicable to
different parts of the same section. The section must be construed as a whole
whether or not one of the parts is a saving clause or a proviso, it is not
permissible to omit any part of it, the whole section should be read together.

Case Law
Election Commission of India vs. TRS
This case was related to interpretation of Section 150 of Representation of
People’s Act, 1951.
The main issue was whether section 150 be read under chapter III without
reading any parts of the statute.
The Court held that it can not be read in isolation.
Conclusion:
To conclude, Interpretation is a process to ascertain the correct meaning of the
legislations. In this process, the whole statute, wherever necessary, must be read
and the interpretation must be in such a way to make the statute workable and
effective. The basic and fundamental rule of interpretation is that statute must be
read as a whole, and all parts of an Act should be taken together. The whole and
every part of the act should be considered in the determination of the meaning
of any of its parts.

3. Statute must be read to make it effective and workable.


Ut res magis valeat quam pereat : legal maxim - iPleaders , CW

4,5 CW

6. Explain the scope of General Clauses Act during interpretation.

The General Clauses Act of 1897, also known as the Interpretation Act, plays a crucial role in
interpreting legislation. Its scope extends across various statutes and legal instruments,
providing general rules and principles for the interpretation of terms, application of
provisions, and resolution of ambiguities in laws enacted by the Indian legislature. The scope
of the General Clauses Act, 1897, and its role in interpretation:

1. Definition and Standardization:

o The General Clauses Act establishes a standard set of legal terminology, techniques,
and expressions. It aims to avoid repetition and provides a consistent framework for
interpreting laws.

o It defines terms more clearly, ensuring uniformity of speech by offering commonly


used terminology across various statutes.

2. Applicability:

o The Act applies to all fields of law and covers provisions related to interpretation in
Indian legislation.

o Its definitions come into play when no specific definition exists in a Central Act or
regulation, unless the context demands otherwise.

3. Preventing Redundancy:

o The Act was designed to make legislative language more concise. It eliminates the
need for repeating the same words within the same piece of law.
o By minimizing ambiguity, it provides clear guidelines for handling contradictory
sections and distinguishes acts based on their commencement and enforcement
dates.

4. Statutory Aid to Interpretation:

o When there’s a disagreement between pre-constitutional and post-constitutional


laws, and no clear definition exists in individual enactments, the General Clauses Act
becomes invaluable.

o It aids in interpreting both statutory and non-statutory provisions.

5. Miscellaneous Provisions: The Act contains miscellaneous provisions relating to legal


proceedings, official notifications, and delegated legislation, among others. These provisions
supplement the general rules of interpretation and provide additional guidance for the
application of statutory provisions in specific situations.

Overall, the General Clauses Act, 1897, serves as a valuable tool for courts and legal
practitioners in interpreting statutes and resolving interpretative issues arising from
legislative enactments. By providing general principles and rules of construction, the Act
promotes clarity, consistency, and uniformity in the interpretation and application of laws,
thereby contributing to the stability and predictability of the legal system.

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