Indian Legalstudies-Kolkata,Legal Method
Object of interpretation
“the essence of law lies in the spirit, not its letter, for the letter is significant
only as being the external manifestation of the intention that underlies it” -
Salmond 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." Interpretation is
as old as language. Elaborate rules of interpretation were evolved even at a
very early stage of the Hindu civilization and culture. The importance of
avoiding literal interpretation was also stressed in various ancient text
books – “Merely following the texts of the law, decisions are not to be
rendered, for, if such decisions are wanting in equity, a gross failure of
Dharma is caused.” Interpretation thus is a familiar process of considerable
significance. In relation to statute law, interpretation is of importance
because of the inherent nature of legislation as a source of law. The process
of statute making and the process of interpretation of statutes are two
distinct activities.
Interpretation of something means ascertaining the meaning or significance
of that thing or ascertaining an explanation of something that is not
immediately obvious. Construction and Interpretation of a statute is an age-
old process and as old as language. 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. Elaborate rules of interpretation were evolved even at a very
early stage of Hindu civilization and culture. The rules given by „Jaimini‟, the
Indian Legalstudies-Kolkata,Legal Method
author of Mimamsat Sutras, originally meant for srutis were employed for
the interpretation of Smritis also.
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. We can say, interpretation of Statutes is
required for two basic reasons viz. to ascertain:
• 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: i. the concept of „meaning‟,
i.e., what the word means; and ii. the concept of „purpose‟ and „object‟ or
the „reason‟ or „spirit‟ pervading through the statute. 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.
