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INTERPRETATION OF STATUTES

N.L SAJIKUMAR, GOVERNMENT LAW COLLEGE, THIRUVANANTHAPURAM

1. PRINCIPLES OF LEGISLATION- The principles to be kept in mind by the 'legislator'

while making a law- ‘’maximum happiness to the maximum number of people’’-
Bentham's theory.
2. LEGISLATIVE DRAFTING – How a legislative draftsman draft a Bill?
3. INTERPRETATION OF STATUTES- The process by which the judges bring out the
intention of the legislature by giving meaning to the words used in the statutes.

1. PRINCIPLES OF LEGISLATION

The principles to be kept in mind by the legislature while making laws- Bentham's
principle. ‘’Theory of Utility ‘’ is the most accepted principle-maximum happiness to the
maximum number of persons. Jeremy Bentham is regarded as the legal reformer of
England. His period of marked the period of ‘Utilitarianism’ or ‘individualism’ in England.

MODERN APPLICATION OF BENTHAMITE PRINCIPLE IN INDIA

Lord Macaulay applied Bentham's principle while drafting Indian Penal Code. Land
Reforms Legislations like Kerala Land Reforms Act 1963, Labor welfare legislations like
Minimum Wages Act 1948, Payment of Wages Act 1948. Bonus Act 1965, Gratuity Act
1972, Payment of Wages Act 1936, ESI Act 1948 etc. reflects Bentham's principle.

Hedonistic Calculus (Felicific calculus):

Bentham's principle revolves round two principles: (1) Pleasure and (2) Pain-which
could be felt by every human being whether he is a king or a beggar. Nature itself has
placed man under two sovereign masters-Pleasure and Pain. According to Bentham, a
law can be regarded as good only if it gives maximum happiness to the maximum number
of persons. Take the pleasure to be derived from a proposed legislation and place it in
one of the pans of a balance. Place the pain in the other pan. If the pleasure pan outweighs
the pain pan, it is a good law.

Pain

Pleasure
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Criticism of Bentham's Theory: Bentham's theory has been subjected to various criticisms:

• Religious leaders argue that; ‘’will of the God’’ must be the basis and not Bentham's utility.
• (Muslims follow Quran).
• Certain persons argue that ‘’virtue’’ must be the basis of legislation.
• Some argue that utility must be ‘’confined to politics.’’
• It is a revival of Epicureanism-‘’life is only for enjoyment’’ which can be followed by the
most corrupt men.
• Under certain circumstances, a law, which confers happiness to a minority can be
regarded as a good law (Eg:- Indian Constitution- Reservation for Backward Classes and
Minorities)
• Every person is the best judge of his own happiness. Therefore it is difficult to measure
the happiness of persons.

Principles Opposing Bentham's Principle

While Bentham's theory was gaining ground, two opposing principles prevailed: (1) Ascetic
Principle; and (2) Arbitrary Principle (Principle of Sympathy and Antipathy)
(i) Ascetic Principle: Ascetic Principle was followed by philosophers and ascetics. Bentham
argued that pleasure must be increased and pain must be diminished. But philosophers
diminished pleasure and increased pain. It is to be noted that they diminished pleasure for
attaining pleasure in the next birth. That is, preventing Bentham's principle from entry through
front doors but permitting the entry through back doors.
(ii) Arbitrary Principle (Sympathy and Antipathy): '' I Love''/'' I Hate'' - these two phrases
forms the pivot on which the principle rotates. The term ‘’I Love’’ relates to sympathy and ‘’I
Hate’’ relates to antipathy. Hence the principle is also called principle of sympathy and antipathy.
But the followers of this principle never reveal the reason why they love something or hate
something. Hence it is also called arbitrary principle.

The following are the major causes of antipathy:

• Envy
• Desire for unanimity
• Power controlled
• Weakening confidence
• Repugnance of senses

SIMPLE PLEASURES AND PAINS ENUMERATED BY BENTHAM

Simple Pleasures

• Pleasure of senses. Eg: by good smell, good taste, good touch etc.
Pleasure of friendship
• Pleasure of good reputation
• Pleasure of imagination
• Good health
• Hope

Simple Pains

• Pain of senses-By bad smell, bad taste etc.

• Pain of enmity
• Pain of bad reputation
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• Pain of Imagination
• Disease or Deformity
• Disappointment

Factors affecting the sensibility of Man: Bentham enumerated certain primary and secondary
circumstances affecting the sensibility of man:

• Age- The reaction in a given situation differs in relation to persons belonging to different
ages. Sex- Female's reaction is not the same as that of a man
• Climate
• Occupation and rank
• Education
• Mental faculty
• Knowledge
• Health

2. LEGISLATIVE DRAFTING

How a legislative draftsman drafts a Bill?

The art of drafting a law is called ‘’Nomography’’.

• The draftsman must have a thorough knowledge of the Indian Constitution

• Knowledge of the Principles of Interpretation
• Knowledge of the existing laws in the given subject matter.
• Use simple English-(King's English /Queen's English)
• If a word is used in a particular sense, the meaning of the word must be maintained
throughout the Act (Bill)
• Exceptions must be stated along with the general rule itself
• Avoid repetitions.

FRAME WORK OF A BILL?

• LONG TITLE: The head of a statue contains a title, highlighting the purpose of the Act Eg.
The Industrial Dispute Act 1947- ''An Act to provide for the amicable settlement of
industrial disputes''
• PREAMBLE/ENACTING FORMULA: Containing the main objectives of the Act
• SHORT TITLE: Eg. 'The Act is called the industrial Dispute Act'.
• COMMENCEMENT & EXTENT CLAUSE: The date of commencement and the area of
application. Eg. This Act extends to the whole of India.
• DEFINITION CLAUSE OR INTERPRETATION CLAUSE: The definitions of the terms are
stated. Eg. 'Contract means an agreement enforceable by law.
• SUBSTANTIVE PROVISIONS: Eg Authorities under the Act under the Consumer
Protection Act 2019- ''Major provisions of the Act, Composition, powers and functions of
the Consumer Protection Councils. District Commission, State Commission and National
Commission
• MISCELLANEOUS PROVISIONS CLAUSE
• PENAL CLAUSE (if any)
• DELEGATION CLAUSE-“Power to make rules”
• REPEALS/ AMENDMENTS CLAUSE
• SCHEDULE: A list of things Eg. As per the Employees Compensation Act 1923, employer
has to pay compensation for occupational diseases. Such diseases are specified in the
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Schedule.

TYPES OF STATUTES:

• Temporary statutes: Statutes only for a particular period. Eg. Finance Act
• Perpetual Statutes: Perpetual existence till amended, repealed etc.
• Declaratory Statutes: To remove doubts in an existing statute
• Consolidating Statutes: Bringing under the umbrella of one Act, the provisions scattered
in different statutes. Eg. Hindu Marriage Act 1955
• Codifying Statutes: codifying the statutory, law as well as case law on a particular subject.
Eg. IPC
• Amending Statute
• Prospective Statute
• Retrospective Statute

3. INTERPRETATION OF STATUTES

Interpretation is the process by which the judges bring out the intention of the legislature by
giving meaning to the words used in the statutes.

GENERAL PRINCIPLES OF INTERPRETATION:

➢ LITERAL RULE of interpretation or Grammatical interpretation or Plain meaning rule or

Litera Legis Rule- Words must be given the plain meaning; that is given in the dictionary.
➢ LOGICAL RULE of interpretation- Judge must apply his logic and must give a logical
meaning to the words. It is also called Sententia Legis Rule.
➢ GOLDEN RULE- This is an extension or modification of the Literal Rule of Interpretation.
Literal meaning must be given to the words unless it results in absurdity. Illustration: LEE
V. KNAPP- Motor Vehicle Act required the driver to 'stop' the vehicle involved in the
accident. The word stop does not mean a mere pause. If it is given the dictionary meaning
it will result in absurdity.
➢ MISCHIEF RULE: - Propounded by Lord Coke in Heydon’s case. Before interpreting a
statute judge has to answer the following questions:
a. What was the common law before the passing of the statute?
b. What was the defect or mischief for which the law could not provide?
c. What steps were taken by the Parliament to cure the defect?
d. What was the true reason for the mischief? The answers to these questions help
the judge to find out the mischief. Then the judge has to give an interpretation so as
to suppress the mischief and advance the remedy. Illustration: SMITH V. HUGHES-
An Act indented to prohibit prostitution prescribed punishments for 'any one who
solicits from ''streets''- to evade punishment persons started soliciting from
balcony. The judge interpret the term- STREET so as to include balcony also
because the mischief was prostitution and it is immaterial whether solicited from
Balcony or Street.
➢ EJUSDEM GENERIS Rule: - The word gets its meaning from the company it keeps.
Noscitur-A-Socii is an application of Ejusdem Generis Rule. Illustration: Apple, Mango, X,
Y, Grapes. Here X and Y also must be regarded as fruits. Eg. I R C v. FRERE- A statute
contained the following phrases: ''Annual Interest, Pension and other payments.'' Here
the pension and other payments must be given the meaning annual pension and other
annual payments.
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SPECIFIC PRINCIPLES OF INTERPRETATION

NOSCITUR-A SOCI- Word gets its meaning from the company it keeps.
EX VISERIBUS ACTUS-A word gets its meaning from the context in which it appears, when the
statute is read as a whole. Because a word might have different meaning when used in different
contexts. LINCON'S COLLEGE CASE, TULASAMMA v. SHESHA REDDI
HARMONIOUS CONSTRUCTION: - Judge must give meaning so as to maintain a harmony
between the different parts of a statute: in order to minimize conflicts. For Eg: While interpreting
Part III and Part IV of the Constitution, the Supreme Court Judges adopted the doctrine of
Harmonious Constitution.
UT RES MAGIS VALEAT QUAM PEREAT: - ''It is better for a thing to have life than to be void''
Two possible interpretation are available for a judge-One gives color and life to the provisions
and the other renders the provision void. The Judge must resort to the former.
REDDENDO SINGULA SINGULIS: - While interpreting, the sequence or arrangements of the
words must be considered. Wharton gives the following illustrations. ''Draw or load a sword or
gun.' Here the word 'load' relates to gun and not to 'sword' because it is impossible to load a
sword. Illustration: 'File' or 'Submit' or 'Prefer' a plaint or application or appeal. (In the
illustration file refers to plaint and submit to application and prefer is to appeal).
IN PARI MATERIA; Statutes are said to be in pari materia if they are having the same subject
matter. In such cases, the meaning given for a word in one statute can be given to the other
statutes. Eg. The Hindu Code consists of Hindu Marriage Act 1955, Hindu Succession Act 1956,
Hindu Minority Act, Hindu Adoption and Maintenance Act. Here the meaning given to the term
HINDU under one Act can be used in the other statute.
GENERALIA SPECIALIBUS NON-DEROGANT- General things does not derogate from special
things. Illustration: Act of 1995 governed 'X' Property. Subsequently the Parliament enacted the
Act of 2005 dealing with all properties. Property X will be governed by Act of 1995 unless
expressly mentioned under the Act of 2005.

AIDS OF INTERPRETATION
While interpreting a statute, a judge can rely on certain aids. They can be classified as follows:

INTERNAL AIDS EXTERNAL AIDS

(Intrinsic aids of interpretation) (Extrinsic aids of interpretation)

1 Long title Dictionary.

2 Preamble Foreign decisions
3 Short title Debates and discussion in the Parliament
4 Definition clause. (Eg. T.P. Act, definition General Clauses Act
of immovable property)

5 Illustrations (Eg. in the case of I.P.C) Constitutional Assembly Debates (CAD) -

while interpreting Indian Constitution.

6 Punctuations.
Eg. Kill him not, let him free.
Kill him, not let him free.
7 Marginal notes and headings.