Class Notes On IOS

Introduction
Enacted laws, specially 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.
Interpretation means 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.
The object of interpretation of statutes is to determine the intention of the

legislature conveyed expressly or impliedly in the language used.
As stated by SALMOND, by interpretation or construction is meant, the process

by which the courts seek to ascertain the meaning of the legislature through the
medium of authoritative forms in which it is expressed.
Elaborate rules of interpretation were evolved even at a very early stage of Hindu
civilization and culture. The rules given by Jaimini, the author of Mimamsat
Sutras, originally meant for srutis were employed for the interpretation of Smritis
also.
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 whereas non-statutory
aids is illustrated by common law rules of interpretation (including certain
presumptions relating to interpretation) and also by case-laws relating to the
interpretation of statutes.
Definitions and meaning:
According to Salmond interpretation or construction is the process by which the

courts seek to ascertain the meaning of the legislature through the medium of
authoritative forms in which it is expressed.
It has been said that there is a distinction between the two expressions.
As explained by Cooley: Interpretation differs from construction in 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. This distinction has been widely criticized.
Interpretation of statute is the process of ascertaining the true meaning of the

words used in a statute. 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.
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 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.
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

1.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.
2.If the language is clear and unambiguous, no need of interpretation would arise.
In this regard, a Constitution Bench of five Judges of the Supreme Court in R.S.
Nayak v A.R. Antulay,[5] has held:
3. 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.
4.Again Supreme Court in Grasim Industries Ltd. v Collector of Customs,

Bombay[6], 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.
5.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.
6.The correct is one that best harmonises the words with the object of statute.As
stated by Iyer J. to be literal in meaning is to see the skin and miss the soul. The
judicial key of construction is the composite perception of the deha and the dehi
of the provision.
According to Blackstone 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, the context, the subject-matter,
the effects and consequence, or the spirit and reason of the law
MEANING AND CLASSIFICATION OF STATUTES
A Statute is a formal written enactment of a legislative authority that governs a

country, state, city, or county. Typically, statutes command or prohibit
something, or declare policy. The word is often used to distinguish law made by
legislative bodies from the judicial decisions of the common law and the
regulations issued by Government agencies.
A statute is a will of legislature conveyed in the form of text. The Constitution of

India does not use the term Statute but it uses the term law. Law includes
any ordinance, order, bye-law, rule, regulation, notification, custom or usage
having the force of law.[Article 13 (3) (a) of the constitution].
Therefore, a Statute is the will of the legislature and Indian Statute is an Act of
the Central or State Legislature. Statutes include Acts passed by the Imperial or
Provincial Legislature in Pre-Independence days as well as Regulations. Statutes
generally refer to the laws and regulations of every sort, every provision of law
which permits or prohibit anything.
A Statute may generally be classified with reference to its duration, nature of

operation, object and extent of application. On the basis of duration, statutes are
classified as either Perpetual or Temporary. It is a Perpetual Statute when no time
is fixed for its duration and such statute remains in force until its repeal, which
may be express or implied. It is perpetual in the sense that it is not obligated by
efflux of time or by non-user. A Temporary statute is one where its duration is
only for a specified time and it expires on the expiry of the specified time unless
it is repealed earlier. The duration of temporary Statute may be extended by fresh
Statute or by exercise of power conferred under the original statute. The expired
statute may be revived by re-enacting it in similar terms or by enacting a statute
expressly saying that the expired Act is herewith revived.
Types of classifications of Statutes may be elaborated as follows-
A. Classification with reference to basis of Duration
(i) Perpetual statutes - It is perpetual when no time is fixed for its duration
and such a statute remains in force until its repeal which may be
express or implied.
(ii) Temporary statutes - A statute is temporary when its duration is only for
a specified time and it expires on the expiry of the specified time
unless it is repealed earlier.
B. Classification with reference to Nature of Operation
(i) Prospective statutes A statute which operates upon acts and transactions
which have not occurred when the statutes takes effect, that is which
regulates the future is a Prospective statute.
(ii) Retrospective statutes Every statute takes away or impairs vested rights
acquired under the existing laws or creates a new obligation into a new
duty or attaches a new disability in respect of transactions or
considerations already passed are deemed retrospective or retroactive
statute.
(iii) Directory statutes A directory statute is generally affirmative in its

terms, recommends a certain act or omissions, but imposes no penalty
on non-observance of its provisions.
(iv) Mandatory statutes A Mandatory statute is one which compels

performance of certain acts and directs that a certain thing must be done in
a certain manner or form.
A type of Mandatory Statute is the Imperative Statute. Imperative Statutes are

often negative or prohibitory in its terms and makes certain acts or omissions
absolutely necessary and subjects a contravention of its provision to a penalty.
When the statute is passed for the purposes of enabling something to be done and
prescribes the formalities which are to attend its performance, those prescribed
formalities which are essential to the validity of the things which are done are
called imperative or absolute, but those which are not essential and may be
disregarded without invalidating the things to be done are called directory
statutes. Imperative Statutes must be strictly observed. Directory Statute may be
substantially complied with.
C. Classification with reference to Objective

(i) Enabling statutes These statutes are which enlarges the common law where
it is too strict or narrow. It is a statute which makes it lawful to do something
which would not otherwise be lawful.
(ii) Disabling statutes These statutes restrict or cut down rights existing at
common law.
(iii) Permissive statute This type of statute allows certain acts to be done
without commanding that they be performed.
(iv) Prohibitory statute This type of statute which forbids the doing of certain
things.
(v) Codifying Statute It presents and orderly and authoritative statement of the
leading rules of law on a given subject, whether those rules are to be found in
statute law or common law.
(vi) Consolidating statute The purpose of consolidating statute is to present

the whole body of statutory law on a subject in complete form repeating the
former statute.
(vii) Curative or validating Statute - It is passed to cure defects in the prior law
and too validate legal proceedings, instruments or acts of public and private
administrative powers which in the absence of such statute would be void for
want of conformity with existing legal requirements but which would have been
valid if the statute has so provided at the time of enacting.
(viii) Repealing Statute A statute which either expressly or by necessary

implication revokes or terminates another statute is a repealing statute.
(ix) Amending Statute It is a Statute which makes and addition to or operates

to change the original law so as to effect an improvement or more effectively
carry out the purpose for which the original law was passed.

Class Notes On IOS

Uploaded by

Copyright:

Available Formats

Class Notes On IOS

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Class Notes On IOS

Uploaded by

Copyright:

Available Formats

Introduction

The object of interpretation of statutes is to determine the intention of the

As stated by SALMOND, by interpretation or construction is meant, the process

Definitions and meaning:

According to Salmond interpretation or construction is the process by which the

Interpretation of statute is the process of ascertaining the true meaning of the

Interpretation of Statutes is required for two basic reasons:-

Legislative Language Legislative language may be complicated for a layman,

Legislative Intent The intention of legislature or Legislative intent

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.

Nature and Scope

4.Again Supreme Court in Grasim Industries Ltd. v Collector of Customs,

5.The purpose of Interpretation of Statutes is to help the Judge to ascertain the

A Statute is a formal written enactment of a legislative authority that governs a

A statute is a will of legislature conveyed in the form of text. The Constitution of

A Statute may generally be classified with reference to its duration, nature of

Types of classifications of Statutes may be elaborated as follows-

A. Classification with reference to basis of Duration

a specified time and it expires on the expiry of the specified time

unless it is repealed earlier.

B. Classification with reference to Nature of Operation

(iii) Directory statutes A directory statute is generally affirmative in its

(iv) Mandatory statutes A Mandatory statute is one which compels

A type of Mandatory Statute is the Imperative Statute. Imperative Statutes are

C. Classification with reference to Objective

(vi) Consolidating statute The purpose of consolidating statute is to present

(viii) Repealing Statute A statute which either expressly or by necessary

(ix) Amending Statute It is a Statute which makes and addition to or operates

You might also like