Interpretation of statute

Abstract

This article analyses the legality and implications of different types of rule of
interpretation applying in the statute made by legislature to clarifying the true
meaning of the words and avoid the ambiguity and absurdity of the words used in law
that are fallows in different countries.Here describe the different types of rules and
Aids of interpretation that help to get the understand the will of legislature.Here we
describe the different ideologies of scholars about interpretation.

In this research the different ideologues and research methods have been used to get a
better insight of the topic.The research is based on interpretation of words and their
implications.These rules describe how to interpreted the statute,reduce the ambiguity
and get the true intention of legislature by the help of interpretation.

Keywords
Interpretation, Ambiguity, operational, Strict Interpretation, Liberal Interpretation,
Literal Rule, Reasonable Construction, Golden Rule, Mischief Rule, Harmonious
Construction , Ejusdem Generis, Beneficial Construction, Purposive Construction,
Expressio Unius Est Exclusio Alterius, Contemporanea Expositio Est Optima Et
Fortissima in Lege, Noscitur a Sociis, Dictionaries, Circumstances.

Introduction

Interpretation

The word ‘Interpretation’ is derived from the Latin term ‘interpretari’ which means to
explain or expound or to understand or translate. Interpretation is a process through
which one arrives at the true and correct intention of the law-making body which is
laid in the form of statutes. This helps in finding out the intention of the author.

Interpretation of any data generally means to analyze the available data and come out
with an opinion which is certain and clear. This increases the ability of an individual
to understand and explain it in his/her own way. This helps to find out the ways to
understand and analyse the statute, where it leads the interpreter to the whole new
meaning which is completely different from the general meaning.

According to Salmond, “Interpretation” is the process by which the court seeks to

ascertain the meaning of the legislature through the medium of authoritative forms in
which it is expressed.

According to crawford,’’ interpretation” is the art of the true sense of words.

Need for interpretation

1. The ambiguity of the words used in the statute: Sometimes there will be
words that have more than one meaning. And it may not be clear which
meaning has to be used. There could be multiple interpretations made out
of it.

2. Change in the environment: We all know that society changes from time to
time and there may be new developments happening in a society that is not
taken into consideration, this lacks the predictability of the future event.
3. Complexities of the statutes: usually statutes are complex and huge, it
contains complicated words, jargon and some technical terms which are
not easy to understand and this complexity may lead to confusion.
4. When legislation doesn’t cover a specific area: Every time when
legislations are out it doesn’t cover all the area it leaves some grey areas
and interpretation helps in bridging the gaps between.
5. Drafting error: The draft may be made without sufficient knowledge of the
subject. It may also happen due to the lack of necessary words and correct
 grammar. This makes the draft unclear and creates ambiguity in the
legislature.
6. Incomplete rules: There are few implied rules and regulations and some
implied powers and privileges which are not mentioned in the statute and
when these are not defined properly in the statute this leads to ambiguity.

Rules of Interpretation of Statutes

Since the judiciary has been entrusted with the responsibility of interpreting the law to
administer justice. It is very important that the interpretation is made according to
some rules so that the decisions delivered by the judges are just and bring some
coherence to the operational aspects of the law.

The rules of interpretation of statutes are divided into two categories.

1. Primary Rules

2. Secondary Rules

Primary Rules – These are the main rules of interpretation of statutes. These include:

1. Rule of Strict Interpretation

2. Rule of Liberal Interpretation

3. Literal Rule
4. Rule of Reasonable Construction
5. Golden Rule
6. Mischief Rule
7. Rule of Harmonious Construction
8. Ejusdem Generis
9. Beneficial Construction
10. Purposive Constructoni

Secondary Rules – Rules other than primary rules are secondary rules. These include:

1. Expressio Unius Est Exclusio Alterius

 2. Contemporanea Expositio Est Optima Et Fortissima in Lege
3. Noscitur a Sociis

Primary Rules

Rule of Strict Interpretation

The rule of strict construction is used for interpreting criminal legislation. According
to this rule, the interpretation which is most favorable to the defendant would be
applicable.

Rule of Liberal Interpretation

The rule of liberal construction states that a law must be interpreted in the context of
the document and in accordance with the intent of the author.

Literal Rule

In this rule, the court has to consider what the lawmakers are trying to say not what
they might mean. It can only be applied if the words of the statute are clear and
unambiguous and the language is plain.

Case Law : Fisher v Bell

Facts: A shopkeeper was offering to sell offensive weapons. This offer for sale was an
offense under the Offensive Weapons Act 1959.

Decision: The court said that an offer for sale must be interpreted according to its
ordinary meaning and the display of the weapon on the shop does not mean offer and
is only an invitation to treat.
Advantages and Disadvantages of the Rule

Advantages:

1. The court cannot apply its own bias.

2. The rule provides consistency in interpretation.

Disadvantages:

1. It creates loopholes in the law.

2. It might lead to an absurd result.

3. The rule can result in injustice.

Criticism

This rule assumes that words used in law have a fixed meaning. Words, in fact, are
imprecise and their meaning can change over time.

Rule of Reasonable Construction

Legal Maxim: Ut Res Magis Valeat Quam Pareat which means it is better to give
effect to a thing than to declare it void.

Every law is drafted with a purpose in mind, but if the literal meaning of the law
defeats the purpose of the statute, the law should be understood keeping in mind the
intention with which it was drafted. The judges should give that interpretation to the
law which gives effect to the intention of the legislature.

In Tirath Singh v. Bachittar Singh, the court stated that if the language of the statute
leads to absurdity or injustice then a construction may be put upon it which modifies
the meaning of the words used in the statute.
Golden Rule

This rule states that if the normal meaning of the word given in a statute gives an
absurd result then the judges are allowed to deviate from that meaning.

Meaning

This rule gives the words used in a statute their ordinary meaning. But if that ordinary
meaning ends up giving an absurd result which is not according to the intent of the
legislature then the judge can give the word a meaning which makes the statute
rational. This is done so that the statute can remedy the weakness that it was made to
cure. There are two cases,

1. If the word is a homograph i.e. it has two meanings, then the meaning
which is suitable will be given.

2. If the word has only one meaning, then the judge can give a completely
different meaning.

Advantages and Disadvantages of the Rule

Advantages:

1. It helps to give a rational result.

2. It helps in closing any loophole.

3. It brings common sense to the law.

Disadvantages:

1. Judges have power only in case there is ambiguity.

2. Judges cannot add or modify a statute.

Case Law : Grey v. Pearson

In this case, the court stated that usually the literal and normal meaning of the word
should be used but if the normal meaning gives an absurd result, then that meaning
should be avoided. A different meaning should be given to the word so that the
inconvenience can be avoided.

Criticism

The idea of absurdity is unclear. It is very difficult to ascertain what would be an

absurd result?

Mischief Rule

It is a principle used for interpreting a statute which states that the court should first
examine the intention of the legislature. In this, the judges first find the defect in the
statute and then apply the remedy for fixing the defect.

The judges stated that four considerations should be kept in mind while interpreting
statutes:

1. The common law that existed before the Act.

2. The flaw for which common law did not provide.

3. What remedy did the parliament came up with to resolve & cure the
distress of the commonwealth Act?
4. What was the true reason for the remedy?

Advantages and Disadvantages of the Rule

Advantages:

1. It focuses on the parliament’s intention behind making the law.

 2. It allows judges to apply their minds.
3. It allows judges to consider the social and technological changes.
4. It allows for parliamentary sovereignty.
5. It helps avoid unjust results.

Disadvantages:

1. It is difficult to decipher the parliament’s intention.

2. It is considered as an outdated rule of interpretation.

3. It makes the law uncertain.
4. It is said to be undemocratic as it gives too much power to the judiciary
which is an unelected branch of the government.

Case Laws

Case Law 1: Smith v. Hughes

In this case, the court examined the mischief behind the concerned Act.

Facts:

1. That, the defendant was a prostitute living at No. 39 Curzon Street.

2. That, the defendant used the premises for prostitution.

3. That, on a certain day, the defendant enticed men passing the street.
4. That, she solicited the men from her balcony.

Judgment: The decision was made in favor of the plaintiff.

Basis for Judgement: The judges examined the mischief the Street Offences Act
aimed to provide a remedy for. It was stated that since the Act was made with the
intent of cleaning up the streets, it did not matter if the prostitute solicited men from
the street or the balcony. Their decision was based on this ground alone.
If in this case, if the judges have used the literal meaning of the Act, then it would
have been considered that the defendant has not committed an offense.

Harmonious Construction

This rule is used when there are two statutes or parts of a statute have a conflict. The
interpretation which is consistent with all the provisions and also is in accordance
with the intent of the legislature will be adopted. A construction which leads to
repugnancy should not be used and the statute should be read as a whole.

Features

1.The goal should be to make the law whole and consistent.

2.Two or more statutes can be harmonized by this rule.

3.The provision of one statute cannot defeat the use of the other statute.

4.A construction which reduces one part of the statute to nothing is not considered as
harmonious.

Case Laws

Case Law 1: Raj Krushna Bose vs Binod Kanungo

The court stated in this case that whenever possible, two conflicting provisions should
be constructed in a way that they harmonize.
Case Law 2: T.M.A. Pai Foundation v. State of Karnataka

The Supreme Court interpreted Articles 29 and 30. The court stated that while
interpreting provisions the goal is to achieve full cooperation between laws. The court
also stated that:

1. The laws cannot be read in isolation.

2. The rule cannot be used if it renders one of the laws redundant.

Rule 3-The courts must keep in mind that if the construction makes the other statute
meaningless or dead then it is not harmonious.

Ejusdem Generis

This phrase literally translates to “of the same kind and of the same species”.
According to this rule, when a specific word is used in the Act and a general word is
used afterward, then the general word will be construed in reference to the specific
word.

Case Law: Jage Ram v. State of Haryana

To apply this rule, the following conditions must exist:

1. The statute mentions a number of things one by one by using specific

words,

2. The number of things mentioned should constitute a class,

3. There are other things in the class that exists,
4. A general term is used for the things mentioned,
5. There is a distinct genus that comprises of more than one species.
Beneficial Construction

There are some laws which are specifically made for the benefit of some section of
people. Some of these are:

1. Consumer Protection Act

2. The Industrial Disputes Act

3. The Juvenile Justice Act
4. Factories Act
5. And other socio-economic legislations

The rule of beneficial construction states that when there are two meanings of the law
and one meaning gives the benefit and other takes it away. The meaning which grants
the benefit should be adopted.

Case Laws

Case Law 1: Hindustan Lever Ltd v Ashok Vishnu Kate

The court stated that when a law is enacted for social welfare. The construction which
extends the intended benefit to the people should be made.

Case Law 2: Noor Saba Khatoon v. Mohammad Quasim

The Supreme Court held in this case that the provision for maintenance under 125 of
Civil Procedure Code and maintenance of children under 2 years are independent of
each other and no legislation which is passed subsequent to it can affect the
provisions.

Purposive Construction

This rule interprets law keeping in mind the intent for which it was enacted. In this
kind of interpretation, external aids such as commentaries, parliamentary debates, etc.
are used. The mischief rule is the foundation for this type of construction.
Secondary Rules

In addition to the above-stated rules, there are also other rules for interpreting statutes.
These other rules are expressed in legal maxims. These are,

Expressio Unius Est Exclusio Alterius

Expressio Unius Est Exclusio Alterius is a legal maxim which literally translates to
the ‘explicit mention of one thing is the exclusion of another’. When a thing is
explicitly mentioned in a provision of an Act, then all other things are not considered.

Contemporanea Expositio Est Optima Et Fortissima in Lege

This rule of construction states that the best explanation of the law would be to read it
as it would have been read at the time that it was passed. This rule also considers the
surrounding circumstances under which the Act was passed.

Noscitur a Sociis

The meaning of the word is known from its association. It is a rule of construction
which states that the meaning of an unambiguous word or phrase should be
considered on the basis of the context in which it was used.

Aids in Interpretation

In addition to the rules, interpretation can be made by using aids. There are two kinds
of aids for interpreting a statute. These are,

1. Internal Aids

2. External Aids

Internal Aids

Internal aids are aids which are first referred to for interpreting a statute. These are
present in the statute itself and include:
 1. Preamble of the Act: It has been decided that while preamble may not be
a part of the Act. It can be referred to know the mischief for which the Act
was enacted. The Supreme Court in Kavalappara Kottarathil Kochuni v.
the State Of Madras And Others stated that if an ambiguity arises in the
construction of a statute, then the preamble can be referred.

2. Title of the Act: The title tells about the purpose of the Act in a concise
way and often precedes the preamble of the Act.
3. Heading of the Chapter of the Act: An Act is divided into chapters, these
chapters deal with different things. What kind of things the chapter deals
with can be known by reading the heading of the specific chapter?
4. Marginal Notes in the Act: Supreme Court in Sarabjit Rick Singh vs
Union Of India stated that reference to marginal notes would be
permissible only when the main provision is supposed to be interpreted
differently.
5. The Punctuations in the Provisions of the Act: The punctuations play a
very important role in the construction of the provision.
6. The Illustrations that supplements the provisions under the Act:
Illustrations are valuable as long as they indicate the intent of the
legislature.
7. Explanations provided of the provision of the Act: Explanations of
provisions help in determining what the provision means.
8. Definitions provided in the Act: Every Act has an interpretation clause
which contains important definitions. These definitions may be inclusive or
exhaustive. This clause is very important for interpreting various words in
a statute.

External Aids

External aids are used when internal aids are not sufficient to know the meaning of
the statute. External aids include,

1. Statement of Objects and Reasons of the Bill: When a Bill is passed, its
statement of objects and reasons describe the intent of the legislature.
 2. The Commentaries on the Law by various Authors: Commentaries by
various authors are very useful in interpreting a statute.
3. Dictionaries: In literal construction, the dictionary meaning of the words is
referred to.
4. The Circumstances Surrounding the Enactment of the Act:
In Commissioner of Income Tax vs. Sodra Devi, the court stated that it was
not necessary to refer to any external aid if the language of the statute is
clear and unambiguous.
5. Reference to Reports of Committee: The reference to reports of Select
Committee or Law Commission or any report of any other committee on
the basis of which the Act was enacted can be made to interpret the statute.
6. Reference to other Statutes: Sometimes other statutes are referred for
interpreting a statute.
7. Parliamentary Debates: Before a Bill is passed it is debated in the
parliament. The debates can be referred to know the intent behind a
particular provision of the Act.
8. History of the Act: The history of the Act along with the surrounding
circumstances are helpful in determining the meaning of the provisions of
the Act.
9. Foreign Decisions: Decisions given by foreign courts can also be used to
interpret the law provided that the country has the same system of
jurisprudence as ours. The surrounding circumstances in which the Act was
enacted and the Indian conditions to which the law applies are considered.
10. Political, Social and Economic Developments: Developments that affect
the very structure of society also help in interpreting a statute.

Conclusion

Thus, the interpretation of statutes is an important process. Moreover, it is essential

that the interpretation is done according to the various rules prescribed. The rules
should be followed to ensure that judges do not arbitrability exercise the responsibility
that they are entrusted with.
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3. https://lawbhoomi.com/rules-of-interpretation-of-statutes/
4. https://legalserviceindia.com/legal/article-2713-interpretation-of-statutes-a-
complete-study-to-an-aids-to-interpretation.html
5. https://blog.ipleaders.in/rules-interpretation-statutes/