Interpretation of Statutes: A Guide to Legal Analysis, Schemes and Mind Maps of Law

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INTERPRETATIO

N OF STATUTES

Dr. Gurneet Singh

INTRODUCTION

 (^) Statutory interpretation is the process of interpreting and applying legislation to decide cases.  (^) Interpretation is necessary when case involves ambiguous aspects of a statute.  (^) Generally, the words of a statute have a plain and straightforward meaning.  (^) But in some cases, there may be ambiguity or vagueness in the words of the statute that must be resolved by the judge.  (^) To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose.

INTRODUCTION

 (^) 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 has been an essential part of English law since Heydon's Case in 1854 and although it can seem complex, the main rules used in interpretation are easy to learn.

INTRODUCTION

 (^) 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. (Law Commission of India, 60th Report, Chapter 2, para 2.2).  (^) The concept of interpretation of a Statute cannot be static one. Interpretation of statutes becomes an ongoing exercise as newer facts and conditions continue to arise.

INTRODUCTION

 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.

INTERPRETATION CONSTRUCTION

1. Interpretation refers to understanding the words and true sense in the provision of the Statute.
2. Interpretation is all about the linguistic meaning of the legal text. It is all about exploring the written text.
3. When simple meaning of the legal text is to be drawn, then that will be called as an Interpretation.
4. Interpretation precedes Construction. 1. Construction is described as drawing conclusions, in relation to the case, that lie beyond the outright expression of the legal text. 2. Construction determines the legal effect of the words and writings of the statute. 3. When the literal meaning of the words used in legal text results in ambiguity then construction is opted, so as to decide whether the case is covered by it or not. 4. Construction is used in broader sense i.e. it not only helps in determining the sense and explanation

INTRODUCTION

 Again Supreme Court in Grasim Industries Ltd. v Collector of Customs, Bombay, (2002) 4 SCC 297 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. (para 10)



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.

PRESUMPTIONS IN STATUTORY INTERPRETATION  (^) Unless the statute contains express words to the contrary it is assumed that the following presumptions of statutory interpretation apply, each of which may be rebutted by contrary evidence.  (^) Presumptions represent the accepted judicial view of a range of circumstances that have been predetermined to be the way in which every manifestation of those circumstances will be viewed, until any evidence to the contrary is produced. These tend to arise from theoretical and practical principles of the law. i. A statute does not alter the existing common law. If a statute is capable of two interpretations, one involving alteration of the common law and the other one not, the latter interpretation is to be preferred. ii. If a statute deprives a person of his property, say by nationalization, he is to be compensated for its value. iii. A statute is not intended to deprive a person of his liberty. If it does so, clear words must be used. This is relevant in legislation covering, for example, mental health and immigration. iv. A statute does not have retrospective effect to a date earlier than its becoming law.

v. A statute generally has effect only in the country enacted. However a statute does not run counter to international law and should be interpreted so as to give effect to international obligations.

RULES OF

INTERPRETATATION

 A Rule is a uniform or established course of things. It is that which is prescribed or laid down as a guide for conduct or action; a governing direction for a specific purpose; an authoritative enactment; a regulation; a prescription; a precept; as, the rules of various societies; the rules governing a school; a rule of etiquette or propriety etc.

RULES OF

INTERPRETATATION

 It should be remembered that these Rules are Rules of Practice and not Rules of Law.  Without these rules, it would soon become impossible to not only understand the law but even just to apply it, as new situations are always coming to light which Parliament and the courts could not have foreseen when the law was developed.

RULES OF

INTERPRETATATION

No Legal Rules exist which state which rule of Interpretation can be used and the rules of interpretation that have been identified, are not themselves legal rules.

AIDS OF INTERPRETATION

 (^) An Aid, on the other hand is a device that helps or assists. For the purpose of construction or interpretation, the court has to take recourse to various internal and external aids.  (^) Internal aids mean those materials which are available in the statute itself, though they may not be part of enactment. These internal aids include, long title, preamble, headings, marginal notes, illustrations, punctuation, proviso, schedule, transitory provisions, etc. When internal aids are not adequate, court has to take recourse to External aids.  (^) External Aids may be parliamentary material, historical background, reports of a committee or a commission, official statement, dictionary meanings, foreign decisions, etc.