Interpretation of Statutes: Lecture by Dr. Uday Prakash Warunjikar Advocate and Member of BCMG

Interpretation of
Statutes
Lecture by Dr. Uday Prakash Warunjikar
Advocate and member of BCMG
BLEP & Dr. Uday Warunjikar 1

Definitions
 Systematic study of rules of Interpretation.

 Interpretation of Statutes means explanation,
meaning, translation, exposition of Statutes or
enacted law or law passed by legislature.
 To interpret means to show or make clear,
translate, explain meaning of.

Definitions by eminent Jurists
 SALMOND has defined it as “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.”
 According to Blackstone the fairest and
rational method for interpreting a statute is by
exploring the intention of the Legislature
through the most natural and probable signs
which are ‘either the words, the context, the
subject-matter, the effects and consequence,
or the spirit and reason of the law’.
Need of interpretation
 Complexity of statutes in regards to the nature of

the subject, numerous draftsmen and the blend of
legal and technical language can result in
incoherence, vague and ambiguous language.
 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 indeterminate language include
words such as ‘reasonable’.
Need of interpretation (contd.)
In this case the courts are responsible for

determining what constitutes the word “reasonable”.
 The multifaceted nature of language. Language,
words and phrases are an imprecise form 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. It is
up to the courts to decide the most correct use of
the language employed.

Judiciary
 Exclusive privilege of constitutional court is

Interpretation of Statutes.
 The primary rule of Judiciary is to analyze,
interpret and then adjudicate upon a dispute.

Object of Interpretation
 To ascertain and give effect to intention of the

legislation expressed or imputed.
 Interpretation must depend on text and context.
They form the basis of Interpretation if text is
texture and context is what gives it color.

Method of Interpretation of
Statute
 General method:
1. Statute of Interpretation – General Clauses Act,
1897
2. Principles of Interpretation –
a. Literal
b. Golden
c. Mischief

General Clauses Act, 1897
 The General Clauses Act is very effective in

the absence of clear definition in the specific
enactments and where there is a conflict
between the pre-constitutional laws and post-
constitutional laws.
 The Act gives a clear suggestion for the
conflicting provisions and differentiates the
legislation according to the commencement
and enforcement to avoid uncertainty.
 States have also enacted their own Acts.
What is Statute?
• According to Maxwell, “Statute is the will of

the Legislature”
• It is the formal expression of the will of
legislature.
• It is an act of Legislature declaring,
commanding or prohibiting something.
• According to the author N. S. Bindra,
statute gives instructions to administrators
and courts usually securing and
maintaining recognized social, political or
economic values. Legislature expresses
national will.
Parts of Statute
 Formal Portion – 1. Long title

2. The Preamble
3. Short title
4. Commencement and extent
clause.
 Material Portion – 1. Interpretation / Definition
clause
2. Operative sections
3. Procedural provisions
4. Exception

Types of Statutes
 Central – a parliamentary legislation in known as

central Act.
 State – state legislatures are known as state Acts

Classification of statutes
1. Time – pre-constitutional
-post constitutional
2. Extent – a) General or Local
b) Special or Personal
c) Territorial or Extraterritorial
3. Content or subject matter with which it deals

Classification of statutes (contd.)
4. With reference to the object-

i. Declaratory
ii. Codifying and consolidating
iii. Fiscal
iv. Remedial
v. Penal
vi. Enabling

Classification of statutes (contd.)
5. Duration – a) temporary
b) perpetual
6. Method by which Parliament sets about for
attaining its object
a) Mandatory, imperative, obligatory
b) Directory, permissive

Precedents
 Judicial precedent is the source of law where past

decisions create law for Judges to refer back to for
guidance in future cases.
 According to Salmond, precedent is a judicial
decision which in itself a principle. The underlying
principle which forms its authoritative elements is
often termed as ratio decidendi. The concrete
decision is binding between the parties to it but it is
the abstract ratio decidendi which alone has the
force of law as regards the world at large.

Precedents (contd.)
 Ratio decidendi is the legal principle laid down in a

decision which serves as an authority for deciding
cases on similar facts.
 Judicial precedent refers to previously decided
judgements of the superior courts, such as the
High Courts and the Supreme Court, which the
judges are bound to follow.

Two types of precedents
 Authoritative – Binding on the Court.

 Persuasive – Judge is not obliged to follow,
only persuasive value.

Stare decisis
 The doctrine of stare decisis is the doctrine of

binding force of precedents. Stare decisis
means to stand by past decisions.
 Origin in England basis of common law.
 Recognized by Constitution of India in Article
141.

Rules of Interpretation
 There are 2 types of rules of Interpretation :

1. Primary rules
2. Secondary rules.

Primary Rules of Interpretation
1) Rule of Liberal interpretation

2) Rule of reasonable/purposive interpretation
3) Rule of harmonious interpretation
4) Rule of beneficial interpretation
5) Rule of Ejusdem Generus

Rule of liberal/ strict
interpretation
 First impression that comes to mind

 No need to apply logic / in depth analysis
 Read in the ordinary, grammatical and natural
meaning
Applicability
 When words are clear
 Language is plain
 Only one meaning is possible

Rule of liberal/ strict
interpretation (contd.)
Non-applicability
 When language is ambiguous
 Meaning is absurd
 Defeats the purpose of the statute

Rule of Purposive interpretation
 Also called logical or functional interpretation

 Understand the intend of the lawmakers
 Sensible meaning
Applicability
 Literal interpretation meaning is absurd
 Liberal interpretation is not possible

Rule of Purposive interpretation
(contd.)
Non-applicability
 Meaning is anomalous
 Inconsistency
 Injustice

Rule of Harmonious
Interpretation
 Legislature never intends to contradict itself by

providing two repugnant provisions in the same
statute
 The provision of one section of a statute cannot be
used to defeat the other provisions
 Effect should be given to both

Rule of Harmonious
Interpretation (contd.)
Applicability
 When there is contradiction in one section
 when there is contradiction between 2 sections of
the same act
 when there is contradiction between 2 sections of
different acts

Rules of Beneficial Construction
 A tendency for relaxation of strictly liberal

principles of interpretation where the usual
meaning of the words fall short of the object of
the legislature
 It involves extension of the letter so that when
judges are faced with a choice between2
meanings which a provision is capable of,
theywill often choose the wider one which
carries out the object of the statute more fully.
Applicability
 On failure of liberal interpretation
 Words used in statute are ambiguous
Rules of Beneficial Construction
(contd)
Intention of beneficial construction

 Suppression of mischief
 Advance the remedy
Non applicability
 If liberal interpretation is possible

Rule of Ejusdem Generis
 General words are to be construed with reference

to the specific words that precede them.
Applicability
 There must be enumeration of certain words.
 The specific words must constitute a class or a
category
 General words must follow the specific words
Non applicability
 If any condition is not followed
 If specific words follow general words

Secondary rules of
Interpretation
1. Noscitur a Socci
2. Conjunctive or Disjunctive words
3. Non Obstante clause
4. Mandatory and Directory provisions
5. Reading down provisions
6. Presumption of Constitutionality.

Noscitur a socii
 Meaning of the words is derived from its associate

words
 The words in a statute are contrued with reference
to the words found in immediate connection with
them
 If 2 or more words which are capable of analogous
meaning are grouped together, they should be
understood in cognate sense i.e. they should take
colour from each other and are given a similar or
related meaning.

Conjunctive or disjunctive words
 ‘and’ – conjunctive
 ‘or’- disjunctive
 The use of conjunctive ‘and’ and ‘or’ one for
other, is permissible where liberal
interpretation would be the intention of the
legislature or the object of the Act.

Non obstante clause
 Means notwithstanding
 The proper way to construe a non obstante
clause is first to ascertain the meaning of the
enacting part on a fair construction of its
words.
 Key word used in the non obstante clause is
‘notwithstanding’ which serves the purpose of
restricting or controlling, circumscribing the
provisions which are negative.

Mandatory and directory
provisions
 Mandatory and directory provisions

distinguished
 Directory and discretionary provisions
 Consequences of non- complice provided by
statute
 Use of particular language
 Eg shall, must, may, should
 When ‘may’ can be ‘shall’ and vice versa.
Reading down provision
 Where it is necessary to supress the mischief

and effectuate the object of the act
 strike down the legislation which is ultra vires
the constitution.

Presumption of constitutionality
 The statute is valid and intra vires the

constitution.
 Legislature has not transgressed its legislative
ambit and the statute is within its legislative
competence.
 However not of indefinite application,
unnatural and forced meaning cannot be put
upon words to save the statutory provision.

Aids to Interpretation

Internal Aid

Title

Preamble
 It expresses the scope, object and purpose of the

Act more comprehensively than the Long Title.
 It can legitimately used for Interpretation.
 It shows primary intention of the law maker.
 It cannot override plain provisions of the Act.

Heading and Title of a Chapter
 A number of sections covering a particular subject

are grouped together in the form of a chapter.
 Each chapter is given a heading which represents
the subject matter dealt within the chapter.
 There are multiple views on heading, one of the
view is that, heading is treated as a key to
interpretation of section covered by it, the other
view considers that headings maybe referred to
only when enacting words are ambiguous.

Definitions
 An interpretation/definition clause defines certain

words and expressions used elsewhere in the body
of Statutes.
 The object of such definition is to avoid repetition.
 Use of words ‘means’, ‘includes’, ‘means and
includes’.
 The General Clauses, Act 1897 contains various
definitions in the section 3 which have not been
mentioned in any act specifically.

Marginal Notes
 Notes or captions found printed at the side of

sections which purport to summarizes the
effect of the section are called Marginal Notes.
 If words of statute are ambiguous, marginal
notes can be used for Interpretation.
 They cannot limit or restrict the meaning of
clear words used in the section.

Proviso
 A legislative device used to carve out an exception

to the main operative provisions of the section.
 Proviso to proviso
 It may serve 4 purposes –
1. Qualify or except certain provisions from the
main enactment.
2. Entirely changed the very concept of
intendment of the enactment by inserting
certain mandatory conditions.
3. It assumes tenor and colour of the substantive
enactment.
Proviso (contd.)
4. Maybe used merely to act as an optional

addenda to the enactment with the sole
object of explaining the real intendment of
the provision.
[S. Sundaram Pillai v. V. R. Pattabiraman
(1985) 1SCC 591]

Explanations
 The object of explanation to a statutory

provision is –
1. To explain meaning and intendment of
the Act.
2. To clarify the obscurity or vagueness.
3. Provide additional support to the
dominant object of the Act in order to
make it more meaningful and purposeful.

Explanation (contd.)
4. To help or assist the court interpreting the

true purpose and intendment of the
enactment, in order to suppress the
mischief and advance the object of the
Act.
This was held in the case of Re S.
Sundaram filial (1984) 4SCC 457

Illustrations
 Illustrations appended to a section from part

of the statute and although forming no part of
the (enacting provision contained in the )
section, are of relevance and value in the
construction of the text of the section.
 Illustration help to elucidate the principle of
the section.
 It does not limit the generality of the section
to which it is appended

Schedules
 Schedules appending to a statute form a part
of the statute and may be used in construing
provisions in the body of the Act.
 The main purposes for which the schedules
may be used include the following:
1. for incorporating a table of fees, duties
and taxes.
2. for prescribing forms of applications,
notices licences and registrars records
3. for describing in detail a scheme for the
working of an institution or a body
4. for incorporating transitory provisions
Operation of statute
1. Date of commencement of Act [sec 3(13)

General Clauses Act]
2. Prospective
3. Retrospective
4. Retroactive

External Aid

Historical Setting / Legislative
History
 Legislative history and social history of

legislation.
 Parliamentary debates, reports of law
commission.
 It includes Parliamentary history, historical
facts, and report of expert committee.

Consolidated Statutes and
Previous Laws
 Two Acts which are merged as well as

previous laws can act an external aid.
 Eg. GST, Arbitration and conciliation Act,
1996 which consolidates Foreign Awards Act,
1961 and Arbitration (Protocol and
convention) Act, 1937
 Eg. Hindu law consolidates all the smrities
and shrutis that existed in history

Usages
 Customs or rituals followed in the society.

 Eg. – 1. Sapt Padi in Hindu Law
2. Muslim woman (Protection of rights
on Divorce) Act, 1986 was based on
Usages in Muslim law. This Act was
invalidated by the Supreme Court in the
Shah Bano case.

References to Other Acts
 Example – Consumer Protection Act, 1986

and Competition Act, 2002 have the same
intentions of protecting consumers.
 It may also include reference to repealed or
deleted part of the Act.
 Sometimes earlier Acts are explained by later
Acts.
 Doctrine of Pari Materia

Dictionary
 When the word is not defined in the Statute

itself, it is permissible to refer to dictionaries
to find out the general sense in which that
word is understood in common parlance.
 However, in the selection of one out of the
various meanings of a word, regard must
always be had to the scheme, context and
legislative history.

Judicial Decisions
 Reference to Indian decisions.

 Reference to foreign decisions : Countries
following same system of jurisprudence as
ours and the foreign decisions has been given
on same law as ours, priority is Indian
decisions.

Changes in Technology
 A statute must be interpreted as per the

current law.
Example : When Indian Evidence Act, 1872
came into force, handwriting did
not include typewriting because
that time typewriter had not come
into existence. However, now it
should be given due consideration
and technology should be given due
weightage.
Expiry and repeal of the statute
 Object of repeal
 Express or implied repeal
 Effect of repeal

General clauses Act and repeal
 Section 6 effect of repeal

 Section 6a – repeal of act
 Section 7 revival of repealed enactment
 Section 8 construction of references to
repealed enactment

Quasi Repeal
1. By efflux of time
2. By non user
3. otherwise

Penal statute
 Rule of strict construction of penal statute

 Mens rea
 Vicarious liability

Remedial statute
 Liberal construction rule of remedial statute

 Retrospective effect of remedial statute

Taxing statute
 Rule of strict construction

 Exceptions to rule of strict construction
 Evasion of tax
 Exemption from tax

Interpretation of Constitution
 Organic/dynamic method (present social

condition)
 Mechanical method (American Approach)
 Preamble of COI
 Fundamental rights
 Fundamental duties
 Directive principles of state policy

Doctrines applied in
Constitution
 Pith and substance

 Colourable legislation
 Incidental and ancillary power
 Implied power
 Implied prohibition
 Occupied field & repugnancy
 Doctrine of Eclipse
 Delegated legislation

Meaning of delegated or
subordinate legislation
 Procedural requirement of publication

 Requirement of laying before parliament
 Requirement of consultation
 Requirement of approval, concurrence,
permission

Conditional legislation and
delegated legislation
 Doctrine of Ultra vires

 Breach of natural justice

New trends in IOS
 Mimansa rule applied by Supreme Court in

few cases (2006) 12 SCC 584 and (2008) 4
SCC 755.
 Vijneshwara and Jimutvahana (author of
Mitakshara and Dayabhaga)
 Technological IOS – its mostly applied in
European Union.


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Interpretation of

BLEP & Dr. Uday Warunjikar 1

 Systematic study of rules of Interpretation.

BLEP & Dr. Uday Warunjikar 2

 Complexity of statutes in regards to the nature of

In this case the courts are responsible for

BLEP & Dr. Uday Warunjikar 5

 Exclusive privilege of constitutional court is

BLEP & Dr. Uday Warunjikar 7

 To ascertain and give effect to intention of the

BLEP & Dr. Uday Warunjikar 8

BLEP & Dr. Uday Warunjikar 9

 The General Clauses Act is very effective in

• According to Maxwell, “Statute is the will of

 Formal Portion – 1. Long title

BLEP & Dr. Uday Warunjikar 12

 Central – a parliamentary legislation in known as

BLEP & Dr. Uday Warunjikar 13

BLEP & Dr. Uday Warunjikar 14

4. With reference to the object-

BLEP & Dr. Uday Warunjikar 15

BLEP & Dr. Uday Warunjikar 16

 Judicial precedent is the source of law where past

BLEP & Dr. Uday Warunjikar 17

 Ratio decidendi is the legal principle laid down in a

BLEP & Dr. Uday Warunjikar 18

 Authoritative – Binding on the Court.

BLEP & Dr. Uday Warunjikar 19

 The doctrine of stare decisis is the doctrine of

BLEP & Dr. Uday Warunjikar 20

 There are 2 types of rules of Interpretation :

BLEP & Dr. Uday Warunjikar 21

1) Rule of Liberal interpretation

BLEP & Dr. Uday Warunjikar 22

 First impression that comes to mind

BLEP & Dr. Uday Warunjikar 23

BLEP & Dr. Uday Warunjikar 24

 Also called logical or functional interpretation

BLEP & Dr. Uday Warunjikar 25

BLEP & Dr. Uday Warunjikar 26

 Legislature never intends to contradict itself by

BLEP & Dr. Uday Warunjikar 27

BLEP & Dr. Uday Warunjikar 28

 A tendency for relaxation of strictly liberal

Intention of beneficial construction

BLEP & Dr. Uday Warunjikar 30

 General words are to be construed with reference

BLEP & Dr. Uday Warunjikar 31

BLEP & Dr. Uday Warunjikar 32

 Meaning of the words is derived from its associate

BLEP & Dr. Uday Warunjikar 33

BLEP & Dr. Uday Warunjikar 34

BLEP & Dr. Uday Warunjikar 35

 Mandatory and directory provisions

 Where it is necessary to supress the mischief

BLEP & Dr. Uday Warunjikar 37

 The statute is valid and intra vires the

BLEP & Dr. Uday Warunjikar 38

BLEP & Dr. Uday Warunjikar 39

BLEP & Dr. Uday Warunjikar 40

BLEP & Dr. Uday Warunjikar 41

 It expresses the scope, object and purpose of the