INTERPRETATION OF STATUTES

"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" says Salmond.
The Latin term ‘interpretaria’, from which the word ‘interpretation’ is derived,
implies to expound or explain, particularly the actual meaning of anything.

What is Interpretation of statutes?

1. Interpretation of statutes is the backbone of our legal system. This is the
process of determining the meaning of any law.
2. The interpretation of statues is challenging and complex but this is the
most important part to ensuring that law is applied fairly and
uniformly.
3. Statutes are the primary source of most jurisdiction in law.
4. It is a law enacted by a legislative body. Statutes play the most vital role
in regulating all aspects of our legal system. But at the same time it
can be quite complex, that time interpretation of statues comes in.

Interpretation is the process used to ascertain:

1. The real meaning of an Act and the intention of the legislature in
framing such Act;
2. The real meaning of a Document and the intention of the parties
executing the document.

The Importance of Interpretation in Law:

1. Clarifying Ambiguous Language:
Laws and legal texts often contain ambiguous or vague language that requires
interpretation. Interpreting these provisions helps clarify their meaning and intent,
avoiding confusion or misinterpretation.
2. Applying Laws to Specific Cases:
Laws are generally drafted in broad terms to accommodate a wide range of situations.
Interpretation helps apply these laws to specific cases by examining the facts,
circumstances, and context of the case and determining how the law should be
understood and implemented in that particular context.
3. Resolving Legal Disputes:
When different parties have conflicting interpretations of a law or legal provision,
courts or other adjudicating bodies engage in interpretation to determine the correct
meaning and application of the law. This process helps achieve fair and just outcomes.
 4. Maintaining Consistency and Predictability:
Consistent interpretation of laws and legal provisions promotes certainty and
predictability in the legal system. When laws are interpreted consistently over time, it
fosters confidence in the legal system and ensures that similar cases are treated
similarly.
5. Evolving with Societal Changes:
Interpretation allows the law to evolve and adapt to societal changes. As society
progresses, new issues and circumstances may arise that were not explicitly
contemplated by existing laws. Through interpretation, courts can apply existing
legal principles to new situations, ensuring that the law remains relevant and
effective.

Construction meaning

In simple words, construction is the process of drawing conclusions of the subjects

which are beyond the direct expression of the text. The courts draw findings after
analysing the meaning of the words used in the text or the statutes. This process is
known as legal exposition. There are a certain set of facts pending before the court and
construction is the application of the conclusion of these facts.

Difference between Interpretation and Construction

Interpretation Construction

Interpretation is the process of Construction is the process of using the

ascertaining the true meaning of the legal text to draw conclusions that go
words and the Purpose of the beyond its plain language to solve
legislation Inconsistencies.

Interpretation may be performed when Construction may occur when the language
the language or certain term in law has or certain term in the law is unclear and
an unambiguous meaning, ambiguous.

The process of interpretation Construction intends to bring it to a

identifies the methods that can be used conclusion.
to interpret any statute.
 Interpretation is used to determine the The legal impact of the legislative text can be
linguistic meaning of a legal text. ascertained through construction.

Ambiguity is removed by Construction works to create standards to

interpretation. overcome ambiguity

A legal text can be partially interpreted. It is necessary to complete construction as a

whole.

Interpretation can be seen as a broad Construction is almost like an interpretation

form of construction. in which the words are considered

Classification of Statutes

By Duration
1. Temporary Statute:
A temporary statute is one that specifies a fixed period of operation and
validity within the statute itself. It remains in effect until the specified time
elapses unless repealed earlier. If the legislature wishes to extend its effect, a
new enactment is required. For example, the Finance Act is a temporary
statute, requiring annual reauthorisation.
2. Perpetual Statute:
A perpetual statute doesn’t have a fixed period of operation. However, this
remains in force until it is amended or repealed by another act.

By Method
3. Mandatory Statute:
● A mandatory statute compels the performance of certain actions or
dictates that specific things must be carried out in a particular
manner or form.
● Non-compliance typically leads to legal consequences.
4. Directory Statute:
● A directory statute merely provides guidance or permission for actions
without compelling their performance.
In the case of H.V. Kamath v. Ahmad Ishaque, it was determined that
mandatory provisions must be strictly adhered to, while substantial
compliance with directory provisions is generally sufficient to meet legal
requirements.

Reference to Object
1. Codifying Statute
● A codifying statute is one that aims to comprehensively outline the
entire body of law on a specific subject.
The Hindu Succession Act of 1956 in India is a codifying statute that
addresses intestate succession among Hindus.

2. Consolidating Statute
● A consolidating statute consolidates all statutory enactments related to
a particular subject into a single law, making it easier to access and
understand.
● It brings together existing statutory provisions on the subject, often with
minor modifications.
For example, In India, the Code of Criminal Procedure of 1973 is a
consolidating statute concerning criminal procedures. Such statutes not
only compile earlier laws but also repeal the earlier acts for the sake of
clarity.

3. Declaratory Statute
● A declaratory statute is one that clarifies and removes doubts or
misunderstandings about the meaning of terms or expressions within
the common law or statutory law.
● It’s important to note that the mere use of the phrase “it is hereby
declared” does not automatically make a statute a declaratory
statute.
● A declaratory statute typically contains a preamble and uses terms like
“declared” and “enacted” to signal its intent.
4. Remedial Statute
● A remedial statute is a kind of law that offers new help or a new
solution. Its main purpose is to improve how rights are protected and
address problems or errors in the old law.
In a case called Central Railway Workshop, Jhansi v. Vishwanath, the court
decided that all laws in a welfare state aim to promote general well-being.
Some laws are more responsive to urgent social needs and have a more
direct and noticeable impact on fixing social problems.

5. Enabling Statute
● An enabling statute is a law that allows something that was previously
forbidden, with or without specific rules on how to do it.
● It widens the scope of what’s allowed under common law.
● An enabling statute makes an action lawful, even if it wouldn’t be
otherwise.
In a case called, Bidi Leaves and Tobacco Merchants Association v. State of
Bombay, the court explained that an enabling act not only permits
something to happen but also gives the necessary authority to do what’s
needed to achieve the law’s goal. Any conditions set by an enabling statute
for the public good must be followed because they are essential.

6. Disabling Statute
A disabling statute is one that limits or reduces a right granted by common
law. It’s a law that restricts a common law right.

7. Penal Statute
● A penal statute is a law that punishes certain actions or wrongdoings.
This type of law can be in the form of a detailed criminal code with
many sections that define punishments for different wrongs.
For example, the Criminal Procedure Code, the Indian Penal Code, are all
examples of penal statutes.

8. Taxing Statute
● A taxing statute is a law that imposes taxes on income or certain types
of transactions.
● Examples include income tax, wealth tax, sales tax and gift tax.
● These taxes help the government collect money to support public
welfare. However, it’s essential that a statute clearly states that taxes
must be paid and any doubts about this should benefit the person
being taxed.
9. Explanatory Statute
● An explanatory statute is a law that explains another law.
 ● It’s created to fill in gaps or clarify confusing parts of a previous law.
● An explanatory statute aims to make the meaning of an expression
used in an earlier law clearer.
10. Amending Statute
An amending statute is a law that adds to or changes the original law to
improve it or better achieve its original purpose.
It doesn’t cancel out the old law; it becomes part of it.
11.Repealing Statute
● A repealing statute is a law that cancels out an earlier law.
● It can do this explicitly by saying so in the statute or implicitly through
its language.
For example, the Hyderabad District Municipalities Act of 1956 repealed
the Hyderabad Municipal and Town Committees Act of 1951.

12. Curative or Validating Statute

● A curative or validating statute is one passed to fix problems in a
previous law or to make legal proceedings, documents or actions
valid, even if they didn’t meet the legal requirements.
● These statutes often include phrases like “notwithstanding any
judgment, decree or court order.”
● They’re meant to make previously unlawful actions legal or to
overturn court decisions.

In a case involving Amarendra Kumar Mohapatra and others v. State of

Orissa and others, the Supreme Court of India explained that while deciding
legal rights is a job for the courts, only the legislature can pass laws to validate
illegal actions or laws. However, when the validity of a validating law is in
question, the court must consider three things:
● Whether the law fixes the problems that made the action or law invalid.
● Whether the legislature had the authority to validate what was declared
invalid before.
● Whether the validation respects the rights guaranteed by the constitution.
A validating law is effective only if the answers to these three questions
are “yes.”