INTERPRETATION OF STATUTES
Statue- is ‘the will of the legislature’ or an Act of the legislature. Statutes are commonly divided into
following classes –
a. codifying when they codify the unwritten law on a subject
b. declaratory when they do not profess to make any alteration in the existing
law, but merely declare or explain what it is
c. remedial when they alter the judge made law
d. amending when they alter the statute law
e. consolidating when they consolidate several previous statutes relating to the
same subject matter, with or without alternations of substance
f. enabling when they remove a restriction or disability
g. disabling when they restrain the alienation of property
h. penal when they impose a penalty or forfeiture
INTERPRETATION –
The object of all interpretation of a ‘Written Document’ is to discover the intention of the author. In Law,
the work of interpretation is done by judiciary & the process of enactment of formulation of act is done by
Parliament.
While dealing with a matter, the judge may come across a matter, where he/she is unable to ascertain the
meaning of draftsman. In such a case, he can take help of certain rules & regulations which can guide
him in performing his duties & getting the true meaning of the enactment.
Hence, there are certain guidelines which can help the judiciary to know the real intention of the
legislature These are merely guildliness and not Law or provide any full proof solution.
RULES OF INTERPRETATION
I. The Primary Rule II. Other Rules of Interpretation
The Primary Rule
1. The Primary Rule - Literal Construction
2. The Mischief Rule or Heydon’s Rule
3. Rule of Reasonable Construction i.e. Ut Res Magis Valeat Quam Pareat
4. Rule of Harmonious Construction
5. Rule of Ejusdem Generis
Other Rules of Interpretation
1. Expressio Unis Est Exclusio Alterius
2. Contemporanea Expositio Est Optima Et Fortissima in Lege
3. Noscitur a Sociis
4. Strict and Liberal Construction
Presumptions
External & Internal Aids
Literal Construction –
According to this rule, the words, phrases and sentences of a statute are ordinarily to be understood in
their natural, ordinary or popular and grammatical meaning unless such a construction leads to absurdity
or Vagueness. Hence, the law must be construed according to the ordinary and natural meaning of the
words as applied to the subject matter with regard to which they are used.
The Mischief Rule or Heydon’s Rule- Imp
According to this rule, law should be interpretated in such a way that it shall “suppress the mischief
and advance the remedy”
It is based on following main points –
1. What was the Common Law before the making of the Act
2. What was the mischief and defect for which the Common Law did not provide
3. What remedy the parliament had resolved
4. The true reason of the remedy
Rule of Reasonable Construction i.e. Ut Res Magis Valeat Quam Pareat –
According to this rule, the words of a statute must be construed ut res magis valeat quam pareat, so as
to give a sensible meaning to them. In case ordinary meaning fails to give appropriate interpretation and
in such a case it is always better to go for a sensible meaning.
For example – the word ‘director’ may have different meaning in dictionary and in Companies Act.
Rule of Harmonious Construction-
According to this rule, A statute must be read as a whole and one provision of the Act should be
construed with reference to other provisions in the same Act so as to make a consistent enactment of
the whole statute. It is the duty of the Courts to avoid “a head on clash” between two sections of the
same Act and, “whenever it is possible to do so, to construct provisions which appear to conflict so that
they harmonise”
For example - resolving a conflict between Articles 25(2)(b) and 26(b) of the Constitution
Rule of Ejusdem Generis- (‘of the same kind or species’
According to this rule, where there are general words following particular and specific words, the general
words following particular and specific words must be confined to things of the same kind as those
specified, unless there is a clear manifestation of a contrary purpose.
II. Other Rules of Interpretation
Expressio Unis Est Exclusio Alterius - express mention of one thing implies the exclusion of another
Other Rules of Interpretation-
1. Expressio Unis Est Exclusio Alterius – express mention of one thing implies the exclusion of another
When one or more things of a class are expressly mentioned others of the same class are
excluded;
The maxim not to be applied when –
1. its application leads to inconsistency or injustice.
2. the language of the Statute is plain with clear meaning
(Liberal Construction is applied)
2 . Contemporanea Expositio Est Optima Et Fortissima in Lege - the best way to give the meaning to
a document of a law as it would have read when it was made.
Where the words used in a statute have undergone alteration in meaning in course of time, the
words will be construed to bear the same meaning as they had when the statute was passed;
3. Noscitur a Sociis - It is known by its associates
meaning of a word should be known from its accompanying or associating words;
Any word in a statutory provision is to be read in collocation with its companion words.
The same words bear the same meaning in the same statute.
this rule will not apply when –
1. it is proper to construe/ interpret a word in one part of an Act in a different sense from
that which it bears in another part of the Act
2. it would cause injustice or absurdity.
3. where different circumstances are being dealt with.
4. where the words are used in a different context.
5. the context excludes principle
4. Strict and Liberal Construction –
Strict - “Acts, are not to be regarded as including anything which is not within their letter as well as their
spirit.”. Generally criminal laws are given strict interpretation
Liberal –“Everything is to be done in advancement of the remedy”. Labour and welfare laws, on the
other hand are given liberal interpretation as they are beneficial pieces of legislation. Beneficial
construction to suppress the mischief and advance the remedy is generally preferred.
Note –
1. It is not a sound principle in interpretation of statutes, to lay emphasis on one word disjuncted from
its preceding and succeeding words
2. A Court invokes the rule which produces a result that satisfies its sense of justice in the case before
it
3. The literal rule is the one most frequently referred to in express terms
PRESUMPTIONS
Where the meaning of the statute is clear, there is no need for presumptions. But if the intention of the
legislature is not clear, there are number of presumptions. These are-
1. the words in a statute are used precisely and not loosely
2. vested rights, i.e., rights which a person possessed at the time the statute was passed, are not
taken away without express words, or necessary implication or without compensation
3. that “mens rea”, i.e., guilty mind is required for a criminal act. The general presumption applicable to
criminal cases is “actus non facit reum nisi mens sit rea” (The act itself does not constitute guilt
unless done with a guilty intent)
4. the state is not affected by a statute unless it is expressly mentioned as being so affected
5. legislature knows the state of the law
6. legislature does not make any alteration in the existing law unless by express enactment.
7. legislature knows the practice of the executive and the judiciary
8. legislature confers powers necessary to carry out duties imposed by it
9. the legislature does not make mistake
10. the law compels no man to do that which is futile or fruitless.
11. In construing the scope of a legal fiction, it would be proper to assume all those facts on which alone
the fiction can operate.
INTERNAL AND EXTERNAL AIDS IN INTERPRETATION
Internal Aids refers to those points which are found internally within the act itself such as – marginal
notes, Proviso, Preamble Schedule etc.
External Aids are those aids which are gatheredfrom the surrounding circumstances and are external to
the Act. They include Parliamentary history, foreign decision, Reference to Reports of Committees etc.
INTERNAL AID
Title –
It tells about the purpose of the Act. It is now a settled law that the title of a statute is an important part of
the Act and may be referred to for the purpose of ascertaining its general scope and of throwing light on
its construction, although it cannot override the clear meaning of an enactment. Also, The Civil Procedure
Code, 1908 is a long title and CPC 1908 is a short title.
Preamble
It contains the motive or intention of the Act. Preamble is said to contain the mischief with which the Act
was intended to give remedy
Heading and Title of a Chapter
Generally, the Act is divided into different Chapters for the sake convience. Related matter following
within the Act are clubbed together and are reflected in Particular Chapter.
Marginal Notes
They can be regarded as clue to the meaning of the section & cannot be referred to for the purpose of
construing the Statute
Interpretation Clauses
Certain words which are repeatedly used in the Act and which have a particular meaning under the
Interpretation Clauses or definition clause.
Proviso
Proviso is to create an exception of the Section & proviso is not interpreted as stating a general rule
Note - A distinction is said to exist between the provisions worded as ‘proviso’, ‘exception’ or ‘saving
clause’. ‘Exception’ is intended to restrain the enacting clause to particular cases; ‘proviso’ is used to
remove special cases from the general enactment and provide for them specially; and ‘saving clause’ is
used to preserve from destruction certain rights, remedies or privileges already existing.
Illustrations or Explanation –
An Illustration help to furnish indication to the intention of the legislature. An explanation is at times
appended to a section to explain the meaning of words contained in the section. It becomes a part and
parcel of the enactment.
Schedules –
The schedules form a part of the statute and must be read together with it for all purposes of construction.
But expression in the schedule cannot control or prevail against the express enactment.
Last Year Questions -
The primary rule of interpretation is 'literal construction' according to which — June 2016
(A) 'Acts' are not to be regarded as including anything which is not within their letter as well as sprit
(B) If the particular words exhaust the whole genus, then the general words are construed as embracing a
larger genus
(C) The words, phrases and sentences of a statute are ordinarily to be understood in their natural,
ordinary or popular and grammatical meanings unless such a construction leads to an absurdity
(D) None of the above.
Which one of the following statements is correct regarding interpretation of statutes —
(A) A statute has been defined as an advice of the legislature to people to do or not to do something
(B) Consolidating statute means a statute which consolidates several previous statutes relating to the
same subject matter, with or without alteration of substance
(C) The purpose of interpretation is to understand the statute according to one's own comprehension
(D) While on interpretation of statutes omissions may be presumed and when a word is not in the statute,
it may be given meaning.
Which of the following may not be taken into account as internal aids in interpretation while
interpreting a statute — June 2015
(A) Preamble
(B) Heading and title of a chapter
(C) Dictionaries
(D) Marginal notes.
According to which rule of interpretation, the words, phrases and sentences of a statute are
ordinarily to be understood in their natural, ordinary or popular and grammatical meaning unless
such a construction leads to an absurdity or the content or object of the statute suggests a
different meaning — June 2015
(A) Rule of literal construction
(B) Rule of reasonable construction
(C) Rule of harmonious construction
(D) Rule of ejusdem generis.
The latin doctrine Ut Res Magis Valeat Quam Pareat means — Dec 2015
(A) The words used in a statute have to be construed in their ordinary meaning
(B) To give a sensible or reasonable meaning to the words
(C) Statutes are to be construed according to their plain and grammatical meaning
(D) A statute must be read as a whole.
Where there are general words followed by particular and specific words, the general words must
be confined to things of the same kind as those specified, unless there is a clear manifestation of
a contrary purpose or meaning. This is known as the Rule of — Dec 2015
(A) Noscitur a Sociis
(B) Expressio Unis Est Exclusio Alterius
(C) Ejusdem Generis
(D) Ut Res Magis Valeat Quam Pareat.
The very object of the interpretation of a statute or a document is — Dec 2015
(A) To be able to change the meaning according to solution
(B) To understand the statute according to one's own comprehension
(C) To ascertain what is the intention expressed by the words used
(D) To infer guess of what is written.
"Interpretation or construction is the process by which the Courts seek to ascertain the meaning
of the legislature through the medium of the authoritative forms in which it is expressed". The
above statement is given by — dec 2014, & Practice Test Paper
(A) Salmond
(B) Maxwell
(C) Crawford
(D) Lone Fuller
In the interpretation of statutes, where there are general words following particular and specific
words, the general words following particular and specific words must be confined to things of the
same kind as those specified, unless there is a clear manifestation of a contrary purpose. Such
rule of interpretation is called —
(A) Rule of ejusdem generis
(B) Rule of literal construction
(C) Rule of reasonable construction
(D) Doctrine of cy pres..
