Interpretation of Statute

IOS
DAY 1
INTRODUCTION TO IOS
• One of the most substantial and the principal duty which are vested on the
judiciary is the interpretation of the statutes or law which are in force. When the
courts deliver justice in a legal dispute, they strictly abide with the boundaries
framed by the legal frameworks which encompasses certain laws, statutes, The
Constitution and delegated legislations.
• The legal framework of a democratic country like India includes a plethora of
legislations and regulations. The Legislature with the compliance of the procedural
Parliamentary rules, formulates and drafts certain written statutes and legislations.
The courts deliver justice in a legal matter by interpreting the underlying principles
in these legislations.
• The written laws are substantiated by the courts and justice is administered by the
courts through the pronouncement of verdict over the legal dispute. For the
purpose of interpreting statues and to prevent any wrongful interpretation of the
laws, the court should follow certain rules to shape these laws.
• So, one of the most basic rules of interpretation is the Literal rule of Interpretation
of statutes where the court interprets the wordings of the law as it is. However,
there may be certain loopholes which may be found in the law due to which it is
not interpret a straight-forward understanding of the language of the statutes. It
may lead to ambiguity and absurdity if the courts interpret the natural meaning of
the language used in the statute.
• Interpretation meaning
• 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.
• According to Salmond, “Interpretation” is the process by
which the court seeks to ascertain the meaning of the
legislature through the medium of authoritative forms in
which it is expressed
• The object of interpretation of statutes is to determine the
intention of the legislature conveyed expressly or impliedly in
the language used. In Santi swarup Sarkar v pradeep kumar
sarkar, the Supreme Courtheld that if two interpretations are
possible of the same statute, the one which validates the
statute must be preferred.
• Classification of Statutes
• Codified statutory law can be categorized as follows-
• Codifying statutes
• The purpose of this kind of statute is to give an authoritative statement of the rules of the law on a particular
subject, which is customary laws. For example- The Hindu Marriage Act, 1955 and The Hindu Succession Act,
1956.
• Consolidating statutes
• This kind of statute covers and combines all law on a particular subject at one place which was scattered and
lying at different places. Here, the entire law is constituted in one place. For example- Indian Penal Code or Code
of Criminal Procedure.
• Declaratory statutes
• This kind of statute does an act of removing doubts, clarifying and improving the law based on the interpretation
given by the court, which might not be suitable from the point of view of the parliament. For example- the
definition of house property has been amended under the Income Tax (Amendment) Act, 1985 through the
judgement of the supreme court.
• Remedial statutes
• Granting of new remedies for enforcing one’s rights can be done through the remedial statutes. The purpose of
these kinds of statutes is to promote the general welfare for bringing social reforms through the system. These
statutes have liberal interpretation and thus, are not interpreted through strict means. For example- The
Maternity Benefits Act, 1961, The Workmen’s Compensation Act, 1923 etc.
• Enabling statutes
• The purpose of this statute is to enlarge a particular common law. For example- Land Acquisition Act enables the
government to acquire the public property for the purpose of the public, which is otherwise not permissible.
• Disabling statutes
• It is the opposite of what is provided under the enabling statute. Here the rights conferred by common law are
being cut down and are being restrained.
• Penal statutes
• The offences for various types of offences are provided through these statutes, and these provisions
have to be imposed strictly. For example- Indian Penal Code, 1860.
• Taxing statutes
• Tax is a form of revenue which is to be paid to the government. It can either be on income that an
individual earns or on any other transaction. A taxing statute thus, levies taxes on all such
transactions. There can be income tax, wealth tax, sales tax, gift tax, etc. Therefore, a tax can be
levied only when it has been specifically expressed and provided by any statute.
• Explanatory statutes
• The term explanatory itself indicates that this type of statute explains the law and rectifies any
omission left earlier in the enactment of the statutes. Further, ambiguities in the text are also
clarified and checked upon the previous statutes.
• Amending statutes
• The statutes which operate to make changes in the provisions of the enactment to change the
original law for making an improvement therein and for carrying out the provisions effectively for
which the original law was passed are referred to as amending statutes. For example- Code of
Criminal Procedure 1973 amended the code of 1898.
• Repealing statutes
• A repealing statute is one which terminates an earlier statute and may be done in the express or
explicit language of the statute. For example- Competition Act, 2002 repealed the MRTP Act.
• Curative or repealing statutes
• Through these statutes, certain acts which would otherwise be illegal are validated by curing the
illegality and enables a particular line of action.

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