IOS MEANING ANDOBJECT
Synopsis
1. INTRODUCTION Sri Jayaram Educallonal Trust y
II. MEANING OF STATUTE
A.G. Sayed Mohideen
IX. NATURE OF INTERPRETATION
III. KINDS OF STATUTE
X. NEED FOR INTERPRETATION
IV. MEANINGOF INTERPRETATION
STATUTES
V. INTERPRETATION OF STATUTE
DEFINITION Prakash Kumar allas Prakush
Bhuto v. State of Gujarat
SALMOND
RUPERT CROSS
KeshavjiRavji &Co. v. CIT.
1. Complexity of Statutes
GRAY
2. Anticipation of future events leads
VI. MEANING OF CONSTRUCTION
to the use of indeterminate terms
VII. DIFFERENCE BETWEEN INTERPRETATION
3. The multifaceted nature of
AND CONSTRUCTION
language
Re: Sea Customs Act S. 20(2)case
4. Creation of Certainty of Law
VII. OBJECT OF INTERPRETATION
XI. TYPES OF INTERPRETATION
Mahadev Govind Gharge v. Special XII. CONCLUSION
Land Aguisition Officer
Introduction
Statute law or enacted law is that law which comes into being on account of legislation, i.e. Acts and
rules framed by experts. It would therefore be expected that the language used by these experts would
leave little room for interpretation. However, the experience of the courts, who apply the statute law
to the facts of acase before them, has been different. Sometimes the words and expressions used in a
statute are ambiguous and may give scope for more than one interpretation. Thus the courts have to
ascertain the meaning of the letters and expressions of enacted law. This process of ascertainment of
the meaning" by a court is termed as interpretation".
Meaning of Statute [General Information, Extral
The legislature, as the representative of the people of a nation or a State, expresses its will in the form
of a statute. It is a written law as distinguished from customary law. Thus a statute is a wilIl of
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legislature conveyed the form of text. It is an 'cdict (official proclamation) of the Legislature.' In
the words of CRAWFORD,
statute is a written will of the legislature exDressed according lo the form necessary to
constitute it as a law of the State, and rendered authentic by certain prescribed forms and
solemnities.
Kinds of Statute [General Information, Extra]
For the purpose of construction, statutes are commonly divided into the
following classes -
1. Codifying when they codify the existing law on a subject, whether such law is found in
statute law or common law
e.g. the Hindu Marriage Act, 1955 codifies the lavw relating to marriage
among Hindus
2. Declaratory - when they do not profess to make any alteration in the
existing law, but merely
declare or explain what it is
3. Remedial/Welfare - when they remedy a defect in the pre-existing laws, statutory or
otherwise
e.g. Child Labour (Prohibition and Regulation) Act, 1986;
Industrial Disputes Act, 1947;
Consumer Protection Act, 1986; Employees' Compensation Act, 1923 etc.
4. Amending - when they alter the statute law
e.g. Hindu Succession (Amendment) Act, 2005
5. Consolidating when they consolidate several previous statutes relating to the same subject
matter, with or without alterations to the substance
e.g. Maharashtra Rent Control Act consolidates the law relating to rent control in the
State of
Maharashtra
6. Enabling - when they remove a restriction or disability
e.g. Sections 49-A and 49-A(2) of the Advocates Act
7. Disabling or Restraining- when they restrain the alienation of property
8. Penal- When they impose a penalty or fine
e.g. The Indian Penal Code, 1860
Meaning of Interpretation
To interpret means to explain or translate into an intelligible language. It is the process of determining
the meaning of atext, such as that of a statute, or deed, or 'will' in the circumstances which are under
consideration.
It is the art of finding out the true sense of any form of words (i.e. the sense in which their author
intended to convey), and of enabling others to derive from them the same idea which the author
intended to convey.
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Interpretation of Statute - Definitlon
Interpretatiom of statute is detned as the rocess by which the Courts seck to nscertain the meaning nf
aparticular legislation.
SALMOND
terretation is the procesx by wneh he courts seek lo ascertuln the meanlny of thy
leoislaee throngh the medium of anthorltative forns hn which lt Is expressed
RUPERT CROSS
Interpretation is the process
Dy \whien he Cowis determlne the mening of
statutory
provision the prOse of applying it to the situation before then,.
for
GRAY
Interpretation of statue is the process by which a judge constructs from the words of the
statute a meaning which he either believes to be that of the legislatre or which he
proposes
to attribute to it.
Meaning of Construction
Thus when the Court goes beyond the language of the statute and secks the assistance of extrinsic aids
in order to determine whether a given case falls within the statute, it resorts to 'construction'.
Construction is the drawing of conclusions that are beyond the direct expression of the text of the
statute.
Difference between Interpretation and Construction
Till the 19h century and early 20h century, the popular belief was that construction refers to 'an
addition of such things to the statute that were not in at all.' A distinction was drawn between
interpretation and construction. According to CoOLEY, "interpretation differs from construction in the
sense that the former is the art of finding out the true sense of anyform of words; on the other hand
construction is the drawing of conclusions respecting the subjects that are beyond the direct
expression of the text; conclusions which are in the spirit not within the letter of the law."
In the
Re: Sea Customs Act S. 20(2) case
observed that "With
While interpreting the scope of Article 289 of the Constitution, HIDAYATULLAH J
of interpretation, but
awritten Constitution, such as we have, the lask in nost cases must be one
where the language of the Constitution suggests that what was previously passed upon by the
Supreme Courts of other countries in parallel matters has obviously been taken as a guide, one may
achieved and what was
have to gOa little further than the text tofind out what was being sought to be
being avoided."
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Thus when the Court goes beyond the languageof the statute and sccks the assistance of cxtrinsic aids
in order to determine whether a given case falls within the statute, it resorts to 'construction'".
However the distinction between the (vo is only of academic importance. In common usage, both
these words are usually understood as having the same significance.
SUTHERLAND observes that the distinction is crroncous.
According to WHITE J"in conmon usage interpretation and construction are usually understood as
having the same significance. "
Object of Interpretation
The object of interpretation is to ascertain the true intention of the maker of the writing and to
give effect to it. In
Mahadev Govind Glarge
Special Land Aquisition Officer, Upper Krishna Project, Karnataka
It was held that the object of the interpretation of statute is that the provisions of the statute must be
construed to achieve the ends of justice, advance the interest of public and to avoid multiplicity of
litigation.
In
Sri Jayaram Educational Trust
A.G. Sayed Mohideen
It was held that the purpose of interpretation is not to make a provision what the judge thinks it should
be, but to make it what the legislature intended it to be.
Nature of Interpretation
Interpretation of statute is so important that it has been treated as a separate branch of legal learning.
The function of interpretation is a creative function of the courts. Therefore it has been termed as a
science. It is also termed as an art through which the courts can keep up with the changing needs of
the society.
Therefore interpretation is not a mechanical process, it is not a game of language. It is a dynamic and
creative process. It is not only an art but a science by itself - a science to satisfy social needs, a
science to disentangle social riddles.
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Need for Interpretation of Statutes
The primary necd for interpretation of statutes is to ascertain the intention of the legislature. This
need arises only when there is ambiguity in the language uscd in the statute.
In
Prakash Kumar alias Prakash Blutto
Slate of Gujarat
The Supreme Court held that it is settled law that the jurisdiction of the court to interpret a statute can
be invoked only incase of ambiguity.
In
Keshayji Ravji & Co. v. C.I.T.
It was held that as long as there is no ambiguity in the statutory language, resort to any interpretative
process cannot be applied.
MICHAEL ZANDER in his book Law-Making Process', explains the circumstances in which
statutory interpretation becomes necessary
1. Complexity of Statutes
technical
Certain statutes involve a complex subject-matter which consists of a blend of legal and
need for
language. This can result in incoherence, vague and ambiguous language and would require
interpretation.
mean more than one
e.g. in the absence of any definition provided by the statute, the term 'plant' may
smaller
thing an industrial set up to generate some commodity on large scale OR a living organis1m
than tree OR an equipment and institution.
In order to ascertain the intention of the statute while using the technical term plant', it is
important for the courts to interpret the statute and remove any ambiguity.
2. Anticipation of future events leads to the use of indeterminate terms
The impossible task of anticipating every possible scenario also leads to the use of indeterminate
language. Judges therefore have to interpret statutes because of the gaps in law. Examples of
inderterminate language include words such as "reasonable". In such cases the courts are responsible
for determining what constitutes the word reasonable".
3. The multifaceted nature of language
Language, words and phrases are an imprecise forn of communication. Words can have multiple
definitions and meanings. Each party in court will utilize the definition and meaning of the language
most advantageous to their particular need.
.g. it the statute uses the term day', one party nmay say that it refers to the twenty-four-hour period
reckoned from one midnight to the next, while the other party may say that it merely refers to "the part
of a day when it is light; the time between sunrise and sunset."
It is up to the courts to decide the most correct use of the language employed.
4. Creation of Certainty of Law
By removing the ambiguities in the law, interpretation therefore helps in bringing about certainty in
the law. Certainty in the law enables planning of human affairs in reliance on the law, and the
realization of expectations based on such planning. It makes for uniformity in the administration of
justice, and prevents an uncontrolled discretion of the judiciary.
As JULIUS STONE observed, "The task of interpretation is that of extracting from the formula all that
law contains of legal rules with a view to adapting it, as perfectly as possible, to the facis of life."
Types of Interpretation
Interpretation can be made from various angles, keeping in view the purpose and object of the
enactment. The main types of interpretation are as follows -
1. Beneficial interpretation 8. Logical interpretation
2. Contextual interpretation 9. Purposive interpretation
3. Equitable interpretation 10. Restrictive or extensive interpretation
4. Grammatical or Literal interpretation 11. Historical interpretation
5. Harmonious interpretation 12. Jurisprudential interpretation
6. Liberal interpretation 13. Sociological interpretation
7. Strict interpretation
Conclusion
Interpretation is as old as language. The process of interpretation is the tool used by the Courts to
eradicate any ambiguity in the statute and ascertain the true meaning of the term as intended by the
Legislature.
6
NOSCITUR ASOCIIS
Synopsis
INTRODUCTION
II,
NosCiTUR A SOCIIS - MEANING
III.
APPLICABILITY AND SCOPE
IV.
EXAMPLES
M.K. Ranganathanv. Govt. of
Madras
Dr. Devendra Surtiv. State of
Gujarat
Pardeep Aggarbatti v. State of Punjab
Introduction
NOrmally, general words appearing in an enactment must be given a
general construction, unless it is
established that the legislative intent has been to restrict the
cannot be arbitrarily restricted by artificial
meaning. The scope of the general words
addition deletion in the language. However at times the
or
context demands that some qualified meaning be
attached to the general word. The two important
maxims explaining such contextual
interpretation are -noscitur a sociis and ejusdem generis.
Noscitur a Sociis Meaning
The legal maxim noscitur a sociis is Latin for "it is
known by the company it keeps". In Latin, the
word 'noscitur' means 'to know' and sociis
meanins association or society'. The maxim thus
'to know from the means
association.' The maxim can be explained as follows -
"if the meaning of a particular word is
vague or ambiguous, the word or phrase must be
the basis of the words or phrases construed on
preceding or following it."
According to MAXWELL, this rule means that when two or
more words which are susceptible of
analogous meaning are coupled together, they are understood to be used in
their cognate sense.
Applicability and Scope
This maxim is not to be applied
mechanically in each and every case. It should only be applied when
the words of the statute are
ambiguous and are capable of more than one meaning. In
ascertaining the
meaning of the general word by applying this maxim, everything that is
logically relevant should be
included in the term.
The application of the maxim leads to giving a specific meaning to a general word.
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Examples
M.K. Ranganathan v. Govt.
ofMadras
Construction of any sale' in S. 232 of the Indian
Compunies Act, 1913
Statutory Provision
Where any company is being wound up by or subiect to the
sunerision of theCort, any atlachmeni,
distress or execution put into force without the eqve of he
Cort aeaiust the estute or efjecis oj ny
sale held without leave of the Court of any of the
properties of the company shall be voia.
Issue
Whether the words 'or any sale held without the leave of the
Court of any of the properties inciude
sales effected by the secured creditor outside the
winding up?
Held
The Court observed
"tis a well-recognised rule of construction that "when two or
more words which are susceptible oj
analogous meaning are coupled together noscitur a socis, they are understood to be used in
their
cognate sense. They take, as it were, their colour from each other, that is., the
more general is
restricted to a sense analogous to the less general"
Thus the Court held that the words 'any sale held without leave of the
Court of any of the properties'
have been used along with 'any attachment, distress or execution put into
force without leave of the
Court against the estate or effects'. Having regard to the context, it would be a
legitimate construction
that they refer only to sales held through the intervention of the Court and
not to sales effected by the
secured creditor outside the winding up and without the intervention of the Court.
Dr. Devendra Surti v. State of Gujarat
Definition of 'commercial establishment' ws 2(4) of the Bombay Shops and Establishments Act, 1948
Statutory Provision
Commercial establishment means an establishment which carries on any business, trade or profession
Issue
Whether a private dispensary ofa doctor falls within the definition of a commercial establishment?
Rule Applied
Nosciitur a Sociis
Held
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certain cssential
The Court adopted the principle of noscitur a sociis and observed that features or
as understood in the
"business and trade" popular
attributes are invariably associatcd with the words the other
and conventional sense, and it is the colour of these
attributes which is taken by words used
much wider.
import may be
inthe definition of s. 2(4) of the Act, though their nornal
come within the
nrofessional establishment of adoctor cannot
The Court thercforc held that the
carried on was also comnercial in character.
definition of s. 2(4) of the Act unless the activitv
Pardeep Aggarbatti v. Stute of Punjab
Issue
the provisions of the Punjab General
Whether dhoop' and 'agarbati' were liable to be taxed under
Sales Tax Act, 1948?
Relevant Provision
Entry 16, Schedule A to the Act read as
Cosmetics, perfumery and toilet goods, excluding toothpaste, tooth powder, kum kum and soap.
Held
The word "perfumery" in the entry draws colour fronm the words "cosnetics" and "toilet goods"
therein and that, so read,the word perfumery" in the context in which it is used refers only to such
articles of perfumery as are used upon the person, just as cosmetics and toilet goods. Therefore the
word 'perfumery does not include dhoop and agarbatti.
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EJUSDEM GENERIS
Synopsix
INTRODUCTION Unar Prudesh Stale lectricity
MEANING Board v. lrlshunkar
|||. DIFFERENCE DETWEEN NOsCITURA V. ILUSTRATION
SOCIIS AND EJUSDEM GENERIS CASE LAWS
VI.
Maharashtra University of llealh Unversity of Mudrus v Shantha
Services v. Satchikitsa Parasak Bal
Mandal
Uljanbal v. Slate of U.P
IV. APPLICABILITY
Slate of Bombay v. Ali Gulshan
Introduction
is observed by the Courts that it is not uncommon for the legislature to set out
in astatute a series Of
Specific words of a like nature and to closc the enumeration with general terms
such as etc. or 'and all
others' or other persons' or 'other authorities and similar
expressions. In such circumstances the
meaning of the general word is understood with reference to particular words
and the general words
are limited to the same kind as the
particular words. This is known as the rule of ejusdem generis.
Meaning
Eiusdem generis is a Latin term which means "of the same kind or
nature". Where a law lists specific
classes of persons or things and then refers to them in general, the
general statements only apply to the
same kind of persons or things specifically listed.
The general expression has to be read to comprehend things of the
same kind as those referred to by
the preceding specific things constituting a genus, unless from the
language of the statue it can be
inferred that the general words were not intended to be so limited.
Example -
In the expression 'Books, pamphlets, newspapers and other documents', the words 'other
documents',
if interpreted ejusdem generis, would mean that it includes only those documents that are
publicly
circulated, and would not include private documents.
Difference between Noscitur a Sociis and Ejusdem Generis
The principle of ejusdem generis is a facet of noscitur a socis, The Court in
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Satchikitsa Purasak
Mealth Services v. Mandal
Maharashtra University of
sociis.
nule of noscitw a
Held that cjusdem generis is a subsct of the
tho
restricted application andthat rule
This means that the rule of ejusdem generis has a of
sociis is broader than the rule of ejsdem generts. noscitur a
Applicability
The Supreme Court in
v. Harishankar
Utar Pradesh State Electriciy Board
generis. The
Has laid down the five cssential clements of the rule of ejusdem doctrine can be applied
only when -
I. the statute contains an cnumeration of specific words,
2. the subjects of the enumeration constitute a class or category,
J hat class or category is not exhausted by
enumeration,
4. the general term follows the enumeration, and
S. there is no indication of a different legislative intent.
Illustration
If the provision states that 'car, bicycle, bus and any other vehicle'
This provision contains an enumeration of specific words i.e. 'car, bicycle and bus.'
It constitutes a class or category i.e. vehicles used for transport by road.
The category is not exhausted by the enumeration i.e. there are more vehicles other than thoes
mentioned in the list that are used for road transportation e.g. motorcycle, auto rickshaw, truck
etc.
The enumeration is followed by the general term 'any other vehicle'.
If there is no indication of a different legislative intent, then the term 'any other vehicle' would be
interpreted to include all such vehicles that are used for road transportation and no other vehicle.
Thus the expression 'any other vehicle' used in this context would not include an aeroplane as an
aeroplane does not fit into the class of the vehicles that are enumerated in the provision.
Case Laws
University of Madras v. Shantha Bai
Iterpretation of Article 12 of the Constitution of India
Relevant Provision
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dhe Siale incudes the gover1ment ond Parllomment of vdlaod the Government und Legam
cach of the Stale and olllocal or otlher authorltles wthin the terrltory of lndha or der the control of
he Goverment of ndla
lleld
he Madras lHigh Court held hat, the word otber authorities! must be construed ejusden keners
with the Government or Legislature and so construed could only mean authorities exercising
Lovernmental functions.
Wowever this was overruled by the Supreme Court in
Ujjambal v. State of U.P
Interpretalon of Aricle l12 of the Constituion of lndia
Jssue
Whether a Sales Tax Oficer, is included within »other authority' under Article 12?
IHeld
The Supreme Court observed that Article 12 winds up the list of authorities falling within the
definition by referring to "other authorities' within the territory of India which cannot, obviously, be
read as efusdem generls with either the Government or the Legislature or local authorities. The word
'State' is of wide amplitude and capable of comprehending every authoríty created under the statute
and functioning within the territory of India. The Court held that the Sales Tax Officer, an authority
constituted under the Sales Tax Act for assessing the tax, would be included in the expression 'other
authorities' within the meaning of Art, 12,
Stute of Bombay v. Ali Gulshan
Interpretaion of the term 'any other public purposes' w's 6(4) of Bombay Land Requisition Act,1948
Relevant Provision
The State Government may, by order in writing, requisition the premises for ihe purpose ofa Slate or
any other public purpose.
Issue
Whether requisition of premises for housing a member of the staff of a foreign consulate constitutes
"publie purpose' within the meaning of S. 6(49) of the Act?
lleld
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purpose of the Union or a
The
State.Court
TIhe held
wordsthat
'forthere public
the ispurpose
no
purposc which is not a purpose of the
of the State' do not form a distinct genus coniprising of morC than
purposes' cannot bereadIejusdem generis.
one spccics. Thus the words 'any other pubic
However the Court held that the accommodation ofa member of slaff of a Consulate nevertheless
valid.
requisition was held to be
constitutes a purpose of the State andthe 1
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