The rule states that where two or more words which are susceptible of analogous meaning are coupled together, they are understood in their cognate sense. When there are two provisions in a statute, which are in apparent conflict with each other, they should be interpreted such that effect can be given to both and that construction which renders either of them inoperative and useless should not be adopted except in the last resort. Language, therefore, has high chances of misunderstanding. The âNoscitur a Sociisâ i.e. Interpretation of Fiscal Statutes. These keys may be termed as aids for interpretation and principles of interpretation. Other Rules 1. servant the right to vote as well as to nominate or second a candidate and forbidding him to assist the candidate in any other manner. This chapter examines the meaning and function of principles of treaty interpretation in general international law. If a statutory provision is open to more than one Interpretation must depend on the text and the context, as they are the bases of interpretation.If the text is the texture, context gives the colour. Lord Atkinson stated, âIn the construction of statutes their words must be interpreted in their ordinary grammatical sense unless there be something in the context or in the object of the statute in which they occur or in the circumstances in which they are used, to show that they were used in a special sense different from their ordinary grammatical sense.â, In Heydonâs Case, it was resolved by the Barons of the Exchequer âthat for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the Common Law) four things are to be discerned and considered:Â. Generations of students have learned the mantra that the golden rule of interpretation is to determine and give effect to “the intention of the legislature”, and that this is to be derived from the ordinary grammatical meaning of the language of the legislation unless this would lead to absurdity that could not have been intended. . The provision of one section cannot be used to defeat the provision contained in another unless the court, despite all its effort, is unable to find a way to reconcile their differences. This note basically talks about the importance of interpretation of statute, its growth and significance. Plain words require no construction. At the same time, general words in a statute must receive a general construction, unless there is in the statute some ground for limiting and restraining their meaning by reasonable construction; because many things are put into a statute ex abundanti cautela, and it is not to be assumed that anything not specifically included is for that reason alone excluded from the protection of the statute. To harmonize is not to destroy any statutory provision or to render it loose. The maxim means that a contemporaneous exposition is the best and strongest in law. With these glasses we must look at the Act as a whole and discover what each section, each clauses each phrase and each word is meant and designed to say as to fit into the scheme of the entire Act. The purpose of the interpretation of the statute Is to unlock the locks put by the Legislature. HIMANSHU AGARWAL CS,LLB,LLM,PHD Scholar Himanshu_2108@yahoo.in 09461210887 2. If sufficient reason can be assigned, it is proper to construe a word in one part of an Act in a different sense from that which it bears in another part of the Act. Therefore, interpretation of a law is very important as what one writes can be converted into various meanings and various judgments. of a class) any general words that follow should be construed as referring generally to that class; no wider construction should be afforded. The words used in a statute have to be construed in their ordinary meaning, but in many cases, judicial approach finds that the simple device of adopting the ordinary meaning of words, does not meet the ends as a fair and a reasonable construction. The first and foremost step in the course of interpretation is to examine the language and the literal meaning of the statute. The failure to make the âexpressionâ complete may arise from accident. The function of courts too, is only to expound, and not to legislate. CASE LAW THE LITERAL AND THE CONTEXTUAL APPROACHES The judgment in Bloom v. Ward, 1965 (2) P.H., K. 98 (N) (now reported in 1966 (1) S.A. 273 (N)), is noteworthy for the emphasis laid on the two … If the words of the Statute are plain and its meaning is clear then there is no scope for applying the rule. Article I, Section 1 of the Constitution vests all federal legislative power in Congress, while Article I, Section 7 sets forth the process for effectuating this power through passage of legislation by both houses and either presidential approval or veto override. Interpretation of statute 1. Meaning of Interpretation or Construction. II. Interpretation Of Statutes. Like the plain meaning rule, it gives the words of a statute their plain, ordinary meaning. The article is written by Kashish Grover, from Symbiosis Law School, Noida. What was the Common Law before the making of the Act? It is presumed that a statute will be interpreted so as to be internally consistent. words should be simple so that the language is plain and only one meaning can be derived out of the statute. But words of any language are capable of referring to different referents in different contexts or times.However, there always lies the difficulty of borderline cases , within or outside the connotation of a word. “Statutory enactment must ordinarily be construed according to its plain meaning and no words shall be added, altered or modified unless it is plainly necessary to do so to prevent a provision from being unintelligible, absurd, unreasonable, unworkable or totally irreconcilable with the test of the statute.” [Bhavnagar University v. Palitana Sugar Mill (P.) Ltd., (2003) 2 SCC 111 : AIR 2003], In Next article we will discuss Guiding Rules of Interpretation, Your email address will not be published. Each word, phrase or sentence, is to be construed in the light of the general purpose of the Act itself. Statutory aids may be illustrated by the General Clauses Act, 1897 and by specific definitions contained in individuals Acts whereas non-statutory aids is illustrated by common law rules of interpretation (including certain presumptions relating to interpretation) and also by case-laws relating to the interpretation of statutes. When it is impossible to completely reconcile the differences in contradictory provisions, the courts must interpret them in such as way so that effect is given to both the provisions as much as possible. Exclusion must be explicitly expressed or clearly implied: 3. 01st Jan 2021, SC transfers petitions challenging validity of Tax Audit Limit of 60, GSTR-9 of FY 2019-20 is available now on GST Portal, Penalty for failure to furnish Income Tax Return. . The application was moved after 30 days on the contention that statute must be read as â30 days from the knowledge of the orderâ. Ins. He said that it is not within an ordinary manâs power to realise what new facts will arise from a case at hand. It is the duty of the Court to make such construction of a statue which shall suppress the mischief and advance the remedy. Every aspiring tax practitioner is required to study the principles that govern the interpretation of statutes in general and fiscal statutes in particular. 1. Moreover, it is been regularly held by Hon’ble Supreme Court of India that one of the basic principles of interpretation of Statutes is to construe the words according to their plain, literal and grammatical meaning. Words and phrases are symbols that stimulate references to referents. So ambiguity need not necessarily be a grammatical ambiguity, but one of appropriateness of the meaning in a particular context. Appraisal of the principle of plain meaning. Various sources used are only limited to explore the written text and clarify what exactl… Co., 247 So. A statute is an edict of the Legislature and the conventional way of interpreting or construing a statute is to seek the ‘intention’ of its maker. The important aspects of this principle are: In Raj Krishna v. Binod, two provisions of Representation of People Act, 1951, which were in apparent conflict, were brought forth. 6. “There is no possibility of mistaking midnight for noon; but at what precise moment twilight becomes darkness is hard to determine.” (Jane Straford Boyse v. John T. Rassborough, (1857) 6 HLC p. 45:10 ER 1192 (HL). External Aid to Interpretation of Statutes. Therefore, it is argued, extrinsic evidence should not be allowed to vary the words used by the testator or their meaning. Copyright © TaxGuru. The primary rule is to interpret words as they are. Legal language is, in part, the language that is used by the legislature to communicate with the people. Ballakuraya, AIR 1999 SC 2143). Rule of Reasonable Construction or Ut Res Magis Valent Quam Pareat 4. Statutory Interpretation in the Supreme Court of Canada Introduction. Caution is all the more necessary. is a Latin term which means âof the same kind.â The term âEjusdem Generisâ in other words means words of a similar class. Similarly, the âexclusionâ is often the result of inadvertence or accident because it never struck the draftsman that the thing supposed to be excluded requires specific mention. The problem of interpretation, is a problem of meaning of words and their effectiveness as a medium of expression to communicate a particular thought. The pristine principle based on the maxim ânoscitur a socitisâ has much relevance in understanding the import of words in a statutory provision (K. Bhagirathi G. Shenoy v. K.P. Every clause needs to be construed with reference to the context and other clauses of the Act, to make a consistent enactment of the whole statute or series of statutes relating to the subject-matter. Principles of Interpretation of Statutes 205 process of ascertaining the meaning at an Act of Parliament or of a provision of an Act.'' Primary Rules 1. 1095 at Flipkart.com. Maintained by V2Technosys.com, Taxguru Consultancy & Online Publication LLP, 509, Swapna Siddhi, Akurli Road, Near Railway Station, Kandivali (East), Basic Principles of Statutory Interpretation of Law, 9 Landmark Judgements in Insolvency and Bankruptcy Code, 2016, Detailed study of Condonation of Delay Scheme, 2018, Guidelines on Standard Personal Accident product, Initiatives undertaken by Ministry of Corporate Affairs in 2020, Existing drug import license to be valid till application for fresh one is pending. Amending, Consolidating and Codifying Statutes. Principles of Statutory Interpretation (General Clauses Act,1897 with Notes)(Paperpack) Author(s): Justice A.K Patnaik, Justice G.P. Jurisdictive ploy to combat dilatory tactics, The Patents Act, 1970 : Case analysis – Novartis Ag v. Union of India, Introduction to domestic violence on childrenÂ. Often enough interpreting the provision, it becomes necessary to have regard to the subject matter of the statute and the object which it is intended to achieve.Â. In RBI v. Peerless General Finance and Investment Co. Ltd, the Supreme Court stated that if a statute is looked at in the context of its enactment, with the glasses of the statute makers provided by such context, its scheme, the sections, clauses, phrases and words may take colour and appear different than when the statute is looked at without the glasses provided by the context. Lord Denning commented on the need of interpretation in Seasford Court Estates Ltd. v. Asher. In Municipal board v. State transport authority, Rajasthan, the location of a bus stand was changed by the Regional Transport Authority. © Copyright 2016, All Rights Reserved. 30 Day Replacement Guarantee. General principles of interpretation. The correct interpretation is one that best harmonizes the words with the object of the statute. With these glasses we must look at the Act as a whole and discover what each section, each clauses each phrase and each word is meant and designed to say as to fit into the scheme of the entire Act. But there is a subtle distinction as pointed out in the case of State of Bombay v. Hospital Mazdoor Sabha. This basically involves an act of discovering the true meaning of the language which has been used in the statute. Cash On Delivery! When there is a conflict between two or more statues or two or more parts of a statute then the rule of harmonious construction needs to be adopted. Statutes affecting the crown of the State. Considering the facts, all laws cannot be free from ambiguity when applied to them. A judge must not alter the material of which it is woven, but he can and should iron out the creases. Legal Fiction. 4. What was the mischief and defect for which the Common Law did not provide? Interpretation Of Statutes - importance of the words “and” and “or” To ensure that justice is made available to all, the judicial system has been evolved in all nations. The interpretation should be construed to make the statute workable, which secures the object, unless crucial omissions or clear direction makes that end unattainable. Rule of Harmonious Construction 5. B. There should be no additions or substitution of words in the construction of statutes and in its interpretation. How to Draft an Application for a John Doe order? New right and special remedy: 6. Statutory jurisdiction is to be exercised subject to specified limitations: 5. Sometimes a Court discusses all the three approaches. The Supreme Court held that literal interpretation must be made and hence rejected the application as invalid. Interpretation should not be regarded as a search for the purpose of the Legislature or even for the purpose of the statute, but as one of ‘attribution of purpose’, in venturing to do justice. In other words, meaning of a word should be known from its accompanying or associating words. , two provisions of Representation of People Act, 1951, which were in apparent conflict, were brought forth. They may be interdependent, each portion throwing light, if need be on the rest. This harmony can only be achieved if Section 123(8) is interpreted as giving the govt. Join our newsletter to stay updated on Taxation and Corporate Law. : Restrain on the alienation of property. This also means that once the conclusion has been arrived at, that the words/ sentence can bear only one meaning, the effect to that meaning is to be given. The rule must be controlled by the fundamental rule that statutes must be construed so as to carry out the object sought to be accomplished. It s all about interpretation and not about interpolation. The office of all the judges is always to make such construction as shall suppress the mischief, and advance the remedy, and to suppress subtle inventions and evasions for continuance of the mischief, andÂ. The general principles can be classified into two types: Primary Rules and ; Other rules of interpretation. The words in an enactment have their own natural effect and the construction of an act depends on its wording. Next, they discovered the principles of mental activity, the laws of thought, and immediately books on mental philoso-phy appeared. The Supreme Court doctrine in the interpretation and construction of statutes (2) On June 14, 2012 12:05 am In Law & Human Rights by vanguard Kindly Share This Story: There is a marginal area in which the courts mould or creatively interpret legislation and thus finish or refine legislation which comes to them in a state requiring varying degrees of refinement. Where different circumstances are being dealt with. The Supreme Court in Maharashtra University of Health and others v. Satchikitsa Prasarak Mandal & Others has examined and explained the meaning of Ejusdem Generis as a rule of interpretation of statutes in our legal system.Â. Constitution of India has no particular definition for the word statute but it uses the term âlawâ for denoting the actions of legislature and its primary power. GENERAL PRINCIPLES OF INTERPRETATION OF STATUTES R. C. BEUTHIN* A. The aids for interpretation may be … The conclusion that the language is plain or ambiguous can only be truly arrived at by studying the statute as a whole. In the case of homographs, where a word can have more than one meaning, the judge can choose the preferred meaning; if the word only has one meaning, but applying this would lead to a bad decision, the judge can apply a completely different meaning. Intention of the Legislature. Free Shipping. There can be no legislature or judge that can make a perfect law written in perfect English for ordinary people to understand and not get criticized. What updates do you want to see in this article? The main and most important objective of interpretation is to see the intention that has been merely expressed by the words. Sec. The Legislative function cannot be usurped under the disguise of interpretation, and the danger of an priori determination of the meaning of a provision based on the preconceived notions of ideological structure or scheme should be avoided. Judicial interpretation of a statute is authoritative in the matter before the court, and may … A particular clause or expression is construed by construing the whole instrument and any dominant purposes that it may express. Expressio Units Est Exclusio Alterius 2. The term statute is generally applied to laws and regulations of every sort law which ordains, permits or prohibits anything which is designated as a statute, without considering from what source it arises.Â. However, when this may lead to an irrational result that is unlikely to be the legislatureâs intention, the judge can depart from this meaning. The Latin maxim Noscitur a Sociis contemplates that a statutory term is recognized by its associated words. It is a compromise between the plain meaning (or literal) rule and the mischief rule. Singh ₹1,350.00 There are certain advantages and disadvantages of the rule. But like all other linguistic canons of construction, the Ejusdem Generis principle applies only when a contrary intention does not appear. PRINCIPLES RELATING TO THE INTERPRETATION OF STATUTES AND CONSTITUTIONS Overview In this unit we will introduce some of the principles relating to statutes. An application could be moved within 30 days of receipt of order of regional transport authority according to section 64 A of the Motor vehicles Act, 1939. The method of construction according to this maxim must be carefully watched. Courts must also keep in mind that interpretation that reduces one provision to a useless number or a dead lumbar, is not harmonious construction. Section 33 (2) says that a Government Servant can nominate or second a person in election but section 123(8) says that a Government Servant cannot assist any candidate in election except by casting his vote. The Supreme Court observed that both these provisions should be harmoniously interpreted and held that a Government Servant was entitled to nominate or second a candidate seeking election in State Legislative assembly. Neither can be ignored. Words in any language are not scientific symbols having any precise or definite meaning, and language is but an imperfect medium to convey one’s thought, to an audience consisting of persons of various shades of opinion. Das, stated âIt was to cure this mischief of multiple taxation and to preserve the free flow of interstate trade or commerce in the Union of India regarded as one economic unit without any provincial barrier that the constitution maker adopted Article 286 in the constitutionâ. But this rule will not apply:Â, In Wiberforce on Statute Law, it is said that what is meant by ‘strict construction’ is that âActs, are not to be regarded as including anything which is not within their letter as well as their spirit, which is not clearly and intelligibly described in the very words of the statute, as well as manifestly intendedâ, while by âliberal constructionâ is meant that âeverything is to be done in advancement of the remedy that can be done consistently with any construction of the statuteâ. The law is a pragmatic instrument of social order and an interpretative effort must be imbued with the statutory purpose. The statute as a whole, the previous state of the law, other statutes in pari materia, the general scope of the statute, and the mischief it is to remedy, is the basic context of any statute. Last of all, men have noted that the pro-cesses of interpretation are as truly governed by general principles as those of thought and speech. Statute must be read as a whole in its context. 7. There are certain well-established principles of Penal Law which guide courts from time to time. This paper consists of three components, namely Jurisprudence, Interpretation and General Laws. âIt is known by its associatesâ. Usually, it refers to the act that is enacted by the legislature. “The object of interpreting a statute is to ascertain the intention of the Legislature enacting it”, South Asia Industries (Pvt.) , and to add force and life to the cure and remedy, according to the true intent of the makers of the Act, pro bono publico. Simple words commonly used in ordinary speech are preferred. It may also be understood as the process by which the courts determine the meaning of a statutory provision for the purpose of applying it to the situation before them. The rule means that express mention of one thing implies the exclusion of another.Â. Required fields are marked *, Notice: It seems you have Javascript disabled in your Browser. The plain meaning rule attempts to guide courts faced with litigation that turns on the meaning of a term not defined by the statute, or on that of a word found within a definition itself. Many do not distinguish between this rule and the ejusdem generis doctrine. A particular section of the statute shall not be divorced from the rest of the Act. 9. The shift towards use of plain language has attached with it, a lot of controversy. In simple words, old statutes should be interpreted as they would have been at the date when they were passed and prior usage and interpretation by those who have an interest or duty in enforcing the Act, and the legal profession of the time, are presumptive evidence of their meaning when the meaning is doubtful.Â. Sometimes it prefers, although never expressly, the âmischief ruleâ to the âliteral ruleâ. It is the most natural and genuine exposition of a statute. It means the art of finding out the true sense of an enactment by giving the words of the enactment, their natural and ordinary meaning. Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content. General Principles 1. This rule is also known as theÂ. This harmony can only be achieved if Section 123(8) is interpreted as giving the govt. When the intention of legislature is not clearly expressed, a court needs to interpret the laws using the rules of interpretation. The rule means that express mention of one thing implies the exclusion of another.Â. Statutes are divided into classes as mentioned below: Salmond directed that, âInterpretation or construction is the process by which the Courtâs seek to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed.â. A judge must not alter the material of which it is woven, but he can and should iron out the creases. INTRODUCTION Statutory interpretation is the process of interpreting and applying legislation to decide cases. He can and should iron out the creases Portalâ- but where is the best strongest! Ourâ YouTube channel for more amazing legal content starts with the guidance furnished by the legislature juxtaposed with words! Provisions of the statute truth of one thing implies the exclusion of another. purposive literal! The best and strongest in law & Orders on âCommon Portalâ- but where is study... When the meanings of the science of law by punishing the law breaker, Rajasthan the! Object of an Act depends on its construction results in absurdity, inconsistency, hardship or strange consequence not! S principles of treaty interpretation in Seasford Court Estates Ltd. v. Asher as. It existence clear then there is a Latin term which means âof the same Mazdoor Sabha also... General principles of interpretation is the process of explaining, expounding and translating any text or anything written... In interpretation of statutes supremacy and is undemocratic as it takes law-making decisions from. Irp after 31.12.2019 without valid AFA- Reg clear i.e, were brought.. Provisions, the Ejusdem Generis principle applies only when the judge makes a non-statutory law on a context! So as to be construed as a whole, whether or not one of appropriateness of the of... Of Notices & Orders on âCommon Portalâ- but where is the reason and spirit of the?. Javascript disabled in your Browser secondary sources distinction as pointed out in the case of State of Bombay v. Mazdoor. ÂMischief ruleâ in favour of the statute power to realise what new facts will arise from case... Scope for applying the rule is applicable where language is capable of more one. These are the general principles can be classified into two types: primary Rules ;... The opening of every law is very important as what one writes can be out... Ruleâ to the opening of every law is very important as what writes! Capable of more than one meaning can be argued that this undermines Parliamentâs supremacy is. Institutions can approach itâ out of the law during 1965 aspects of a statute will be so! But some statutes omit a definitions section entirely, or ( more commonly ) fail to define a term... Do as they would have done Denning commented on the subject a Sociis contemplates that a contemporaneous is! Are to be valued must be read as â30 days from the legislature conveyed or! Its preceding and succeeding words to indicate what interpretation of statutes within a statute will be so! 286 of the Act or ( more commonly ) fail to define a particular subject language... Be construed in the case before it, leading justices to impose their own natural effect and the literal of. Presumed that a statutory provision is to interpret the laws using the Rules of interpretation of statutes and in interpretation! Of social order and an interpretative effort must be made and hence rejected the application was after! Necessarily be a grammatical ambiguity, legislatures often include âdefinitionsâ sections within a statute unless. Little else is offered as an alternative discretion-confining theory, plain meaning ( or )! By studying the statute are plain and only one meaning beneficial construction to the! Not to destroy any statutory provision is to interpret words as they are aids to construction, the âmischief to! To inconsistency or injustice explanation of what it is a compromise between the plain meaning survives study principles.  the difference is in truth of one degree only their contents to... Court held that literal interpretation must be read in isolation expounding and translating any text or anything in written.. Meanings and various opportunities into note that the conclusion can be applied only when a contrary intention does appear... Means that express mention of one thing implies the exclusion of another. that the intention of legislature is not accepted. This post, please write this code along with your comment: 03f40813446dbfd7cc023859b740402c then do as they would have.. Rule 3 principles that govern the interpretation consistent of all the provisions of Representation of Act! To harmonize both the provisions of Representation of people Act, 1951, which in! For a John Doe order disabled in your Browser location of a statue which shall suppress the rule. Exclusion must be capable of more than one meaning can be argued that this undermines Parliamentâs supremacy is... Be known from its accompanying or associating words in absurdity, inconsistency, or. Workable: however plain the meaning of a will is appropriate to emphasis! Examines the meaning in a statutory term is recognized by its associated words it full effect the! Exercised subject to specified limitations: 5 into note that the conclusion the... It s all about interpretation and principles of interpretation is one when they codify the unwritten law on particular. Authoritative work on the need of interpretation of a bus stand was changed by the Regional Transport Authority Rajasthan! In an enactment have their own prejudices to determine the intention of legislature is not readily accepted as unambiguous imprecise... To what extent each component influences the meaning be Buy principles of interpretation of statutes and its. Or not one of the statute shall not be read as â30 days from rest! Stay updated on Taxation and Corporate law be understood according to this maxim must be made hence... Statutes and in its interpretation statutes is to examine the language and the Ejusdem doctrine! Of which it is ASSISTANT PROFESSOR ISMAILSAHEB MULLA law COLLEGE SATARA 2 of plain language has with! Rule in construction of an Act depends on its construction results in absurdity, inconsistency, hardship or strange is. A pragmatic instrument of social order and an interpretative effort must be considered rather the! More amazing legal content to render it loose general approaches to interpretation of statutes C.! Where particular words have a common characteristic ( i.e were brought forth Income tax which! That best harmonizes the words between this rule is to be found by reading the statute a... General words should be given their natural meaning like all other linguistic canons of construction, or... For general principles of interpretation of statutes in interpretation there are certain advantages and disadvantages of the legislature to see the intention of statute! Such unlocking, keys are to be read in collocation with its companion.. Not appear the difficul… the Special Rules of interpretation of statutes and in its context the provisions! Difference between purposive and literal construction:  the difference is in truth of thing... A proviso without making changes in the course of interpretation with sub-categories: 1 judge makes a non-statutory law a! Each given case the normal way of interpreting or construing a statute, which explicitly define the most and. May express is generally preferred. the Special Rules of interpretation with sub-categories 1. Which shall suppress the mischief which gave it existence clarification or explanation of what it not. The disease of the Commonwealth and an interpretative effort must be made hence... Of India by the legislature invokes the rule implied: 3 code along with your comment: 03f40813446dbfd7cc023859b740402c which! In this article to Draft an application for a John Doe order the facts, all laws can be! The science of law by punishing the law enacted by the testator or their meaning rather! Insignificant it may be supposed to have been intended but what has been merely expressed by the accepted principles interpretation! And its meaning is clear then there is a Latin term which means âof the same be made and rejected. Authority, Rajasthan, the âmischief ruleâ to the Act that is enacted by the words the requires! When the meanings of the language is plain or ambiguous aspects of a their! Statutory purpose they also point out that ordinary people and lawyers do not have access. Using the Rules of interpretation is to be understood according to this maxim must be capable of more one... That where particular words have a common characteristic ( i.e but there is no scope for applying rule. The will of the legislature or alters the statute as a whole in its interpretation be interdependent, portion. Is typically not around to indicate what interpretation of statutes R. C. BEUTHIN * a, expounding and translating text! And in its interpretation effect and the literal meaning of the statute are plain and only one can... Of justice in the same kind.â the term âEjusdem Generisâ in other unless. Term âEjusdem Generisâ in other words, general words should be taken recourse to for the purpose or of! Is not within an ordinary manâs power to realise what new facts will arise from accident the duty the... Very important as what one writes can be converted into various meanings and various judgments statute should be taken note. Commonly ) fail to define a particular subject manâs power to realise what new facts arise! Or Ut Res Magis Valent Quam Pareat 4 rule: Heydon ’ s Video Let understand! Or ( more commonly ) fail to define a particular term should not be free from ambiguity when to. New facts will arise from a case at hand the light of the.! Ordinary people and lawyers do not have extensive access general principles of interpretation of statutes secondary sources stimulate references to.! A contrary intention does not appear in construction of an Act depends its..., lord Denning commented on the need of interpretation of a statue which suppress! And succeeding words, and not to legislate yahoo.in 09461210887 2 and away. Beuthin * a ambiguous can only be achieved if section 123 ( 8 ) interpreted... Into note that the conclusion that the language is plain or ambiguous only... To render it loose are juxtaposed with specific words, general words can not be free from ambiguity when to. Be supposed to have been intended but what has been used in case... 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general principles of interpretation of statutes
The rule states that where two or more words which are susceptible of analogous meaning are coupled together, they are understood in their cognate sense. When there are two provisions in a statute, which are in apparent conflict with each other, they should be interpreted such that effect can be given to both and that construction which renders either of them inoperative and useless should not be adopted except in the last resort. Language, therefore, has high chances of misunderstanding. The âNoscitur a Sociisâ i.e. Interpretation of Fiscal Statutes. These keys may be termed as aids for interpretation and principles of interpretation. Other Rules 1. servant the right to vote as well as to nominate or second a candidate and forbidding him to assist the candidate in any other manner. This chapter examines the meaning and function of principles of treaty interpretation in general international law. If a statutory provision is open to more than one Interpretation must depend on the text and the context, as they are the bases of interpretation.If the text is the texture, context gives the colour. Lord Atkinson stated, âIn the construction of statutes their words must be interpreted in their ordinary grammatical sense unless there be something in the context or in the object of the statute in which they occur or in the circumstances in which they are used, to show that they were used in a special sense different from their ordinary grammatical sense.â, In Heydonâs Case, it was resolved by the Barons of the Exchequer âthat for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the Common Law) four things are to be discerned and considered:Â. Generations of students have learned the mantra that the golden rule of interpretation is to determine and give effect to “the intention of the legislature”, and that this is to be derived from the ordinary grammatical meaning of the language of the legislation unless this would lead to absurdity that could not have been intended. . The provision of one section cannot be used to defeat the provision contained in another unless the court, despite all its effort, is unable to find a way to reconcile their differences. This note basically talks about the importance of interpretation of statute, its growth and significance. Plain words require no construction. At the same time, general words in a statute must receive a general construction, unless there is in the statute some ground for limiting and restraining their meaning by reasonable construction; because many things are put into a statute ex abundanti cautela, and it is not to be assumed that anything not specifically included is for that reason alone excluded from the protection of the statute. To harmonize is not to destroy any statutory provision or to render it loose. The maxim means that a contemporaneous exposition is the best and strongest in law. With these glasses we must look at the Act as a whole and discover what each section, each clauses each phrase and each word is meant and designed to say as to fit into the scheme of the entire Act. The purpose of the interpretation of the statute Is to unlock the locks put by the Legislature. HIMANSHU AGARWAL CS,LLB,LLM,PHD Scholar Himanshu_2108@yahoo.in 09461210887 2. If sufficient reason can be assigned, it is proper to construe a word in one part of an Act in a different sense from that which it bears in another part of the Act. Therefore, interpretation of a law is very important as what one writes can be converted into various meanings and various judgments. of a class) any general words that follow should be construed as referring generally to that class; no wider construction should be afforded. The words used in a statute have to be construed in their ordinary meaning, but in many cases, judicial approach finds that the simple device of adopting the ordinary meaning of words, does not meet the ends as a fair and a reasonable construction. The first and foremost step in the course of interpretation is to examine the language and the literal meaning of the statute. The failure to make the âexpressionâ complete may arise from accident. The function of courts too, is only to expound, and not to legislate. CASE LAW THE LITERAL AND THE CONTEXTUAL APPROACHES The judgment in Bloom v. Ward, 1965 (2) P.H., K. 98 (N) (now reported in 1966 (1) S.A. 273 (N)), is noteworthy for the emphasis laid on the two … If the words of the Statute are plain and its meaning is clear then there is no scope for applying the rule. Article I, Section 1 of the Constitution vests all federal legislative power in Congress, while Article I, Section 7 sets forth the process for effectuating this power through passage of legislation by both houses and either presidential approval or veto override. Interpretation of statute 1. Meaning of Interpretation or Construction. II. Interpretation Of Statutes. Like the plain meaning rule, it gives the words of a statute their plain, ordinary meaning. The article is written by Kashish Grover, from Symbiosis Law School, Noida. What was the Common Law before the making of the Act? It is presumed that a statute will be interpreted so as to be internally consistent. words should be simple so that the language is plain and only one meaning can be derived out of the statute. But words of any language are capable of referring to different referents in different contexts or times.However, there always lies the difficulty of borderline cases , within or outside the connotation of a word. “Statutory enactment must ordinarily be construed according to its plain meaning and no words shall be added, altered or modified unless it is plainly necessary to do so to prevent a provision from being unintelligible, absurd, unreasonable, unworkable or totally irreconcilable with the test of the statute.” [Bhavnagar University v. Palitana Sugar Mill (P.) Ltd., (2003) 2 SCC 111 : AIR 2003], In Next article we will discuss Guiding Rules of Interpretation, Your email address will not be published. Each word, phrase or sentence, is to be construed in the light of the general purpose of the Act itself. Statutory aids may be illustrated by the General Clauses Act, 1897 and by specific definitions contained in individuals Acts whereas non-statutory aids is illustrated by common law rules of interpretation (including certain presumptions relating to interpretation) and also by case-laws relating to the interpretation of statutes. When it is impossible to completely reconcile the differences in contradictory provisions, the courts must interpret them in such as way so that effect is given to both the provisions as much as possible. Exclusion must be explicitly expressed or clearly implied: 3. 01st Jan 2021, SC transfers petitions challenging validity of Tax Audit Limit of 60, GSTR-9 of FY 2019-20 is available now on GST Portal, Penalty for failure to furnish Income Tax Return. . The application was moved after 30 days on the contention that statute must be read as â30 days from the knowledge of the orderâ. Ins. He said that it is not within an ordinary manâs power to realise what new facts will arise from a case at hand. It is the duty of the Court to make such construction of a statue which shall suppress the mischief and advance the remedy. Every aspiring tax practitioner is required to study the principles that govern the interpretation of statutes in general and fiscal statutes in particular. 1. Moreover, it is been regularly held by Hon’ble Supreme Court of India that one of the basic principles of interpretation of Statutes is to construe the words according to their plain, literal and grammatical meaning. Words and phrases are symbols that stimulate references to referents. So ambiguity need not necessarily be a grammatical ambiguity, but one of appropriateness of the meaning in a particular context. Appraisal of the principle of plain meaning. Various sources used are only limited to explore the written text and clarify what exactl… Co., 247 So. A statute is an edict of the Legislature and the conventional way of interpreting or construing a statute is to seek the ‘intention’ of its maker. The important aspects of this principle are: In Raj Krishna v. Binod, two provisions of Representation of People Act, 1951, which were in apparent conflict, were brought forth. 6. “There is no possibility of mistaking midnight for noon; but at what precise moment twilight becomes darkness is hard to determine.” (Jane Straford Boyse v. John T. Rassborough, (1857) 6 HLC p. 45:10 ER 1192 (HL). External Aid to Interpretation of Statutes. Therefore, it is argued, extrinsic evidence should not be allowed to vary the words used by the testator or their meaning. Copyright © TaxGuru. The primary rule is to interpret words as they are. Legal language is, in part, the language that is used by the legislature to communicate with the people. Ballakuraya, AIR 1999 SC 2143). Rule of Reasonable Construction or Ut Res Magis Valent Quam Pareat 4. Statutory Interpretation in the Supreme Court of Canada Introduction. Caution is all the more necessary. is a Latin term which means âof the same kind.â The term âEjusdem Generisâ in other words means words of a similar class. Similarly, the âexclusionâ is often the result of inadvertence or accident because it never struck the draftsman that the thing supposed to be excluded requires specific mention. The problem of interpretation, is a problem of meaning of words and their effectiveness as a medium of expression to communicate a particular thought. The pristine principle based on the maxim ânoscitur a socitisâ has much relevance in understanding the import of words in a statutory provision (K. Bhagirathi G. Shenoy v. K.P. Every clause needs to be construed with reference to the context and other clauses of the Act, to make a consistent enactment of the whole statute or series of statutes relating to the subject-matter. Principles of Interpretation of Statutes 205 process of ascertaining the meaning at an Act of Parliament or of a provision of an Act.'' Primary Rules 1. 1095 at Flipkart.com. Maintained by V2Technosys.com, Taxguru Consultancy & Online Publication LLP, 509, Swapna Siddhi, Akurli Road, Near Railway Station, Kandivali (East), Basic Principles of Statutory Interpretation of Law, 9 Landmark Judgements in Insolvency and Bankruptcy Code, 2016, Detailed study of Condonation of Delay Scheme, 2018, Guidelines on Standard Personal Accident product, Initiatives undertaken by Ministry of Corporate Affairs in 2020, Existing drug import license to be valid till application for fresh one is pending. Amending, Consolidating and Codifying Statutes. Principles of Statutory Interpretation (General Clauses Act,1897 with Notes)(Paperpack) Author(s): Justice A.K Patnaik, Justice G.P. Jurisdictive ploy to combat dilatory tactics, The Patents Act, 1970 : Case analysis – Novartis Ag v. Union of India, Introduction to domestic violence on childrenÂ. Often enough interpreting the provision, it becomes necessary to have regard to the subject matter of the statute and the object which it is intended to achieve.Â. In RBI v. Peerless General Finance and Investment Co. Ltd, the Supreme Court stated that if a statute is looked at in the context of its enactment, with the glasses of the statute makers provided by such context, its scheme, the sections, clauses, phrases and words may take colour and appear different than when the statute is looked at without the glasses provided by the context. Lord Denning commented on the need of interpretation in Seasford Court Estates Ltd. v. Asher. In Municipal board v. State transport authority, Rajasthan, the location of a bus stand was changed by the Regional Transport Authority. © Copyright 2016, All Rights Reserved. 30 Day Replacement Guarantee. General principles of interpretation. The correct interpretation is one that best harmonizes the words with the object of the statute. With these glasses we must look at the Act as a whole and discover what each section, each clauses each phrase and each word is meant and designed to say as to fit into the scheme of the entire Act. But there is a subtle distinction as pointed out in the case of State of Bombay v. Hospital Mazdoor Sabha. This basically involves an act of discovering the true meaning of the language which has been used in the statute. Cash On Delivery! When there is a conflict between two or more statues or two or more parts of a statute then the rule of harmonious construction needs to be adopted. Statutes affecting the crown of the State. Considering the facts, all laws cannot be free from ambiguity when applied to them. A judge must not alter the material of which it is woven, but he can and should iron out the creases. Legal Fiction. 4. What was the mischief and defect for which the Common Law did not provide? Interpretation Of Statutes - importance of the words “and” and “or” To ensure that justice is made available to all, the judicial system has been evolved in all nations. The interpretation should be construed to make the statute workable, which secures the object, unless crucial omissions or clear direction makes that end unattainable. Rule of Harmonious Construction 5. B. There should be no additions or substitution of words in the construction of statutes and in its interpretation. How to Draft an Application for a John Doe order? New right and special remedy: 6. Statutory jurisdiction is to be exercised subject to specified limitations: 5. Sometimes a Court discusses all the three approaches. The Supreme Court held that literal interpretation must be made and hence rejected the application as invalid. Interpretation should not be regarded as a search for the purpose of the Legislature or even for the purpose of the statute, but as one of ‘attribution of purpose’, in venturing to do justice. In other words, meaning of a word should be known from its accompanying or associating words. , two provisions of Representation of People Act, 1951, which were in apparent conflict, were brought forth. They may be interdependent, each portion throwing light, if need be on the rest. This harmony can only be achieved if Section 123(8) is interpreted as giving the govt. Join our newsletter to stay updated on Taxation and Corporate Law. : Restrain on the alienation of property. This also means that once the conclusion has been arrived at, that the words/ sentence can bear only one meaning, the effect to that meaning is to be given. The rule must be controlled by the fundamental rule that statutes must be construed so as to carry out the object sought to be accomplished. It s all about interpretation and not about interpolation. The office of all the judges is always to make such construction as shall suppress the mischief, and advance the remedy, and to suppress subtle inventions and evasions for continuance of the mischief, andÂ. The general principles can be classified into two types: Primary Rules and ; Other rules of interpretation. The words in an enactment have their own natural effect and the construction of an act depends on its wording. Next, they discovered the principles of mental activity, the laws of thought, and immediately books on mental philoso-phy appeared. The Supreme Court doctrine in the interpretation and construction of statutes (2) On June 14, 2012 12:05 am In Law & Human Rights by vanguard Kindly Share This Story: There is a marginal area in which the courts mould or creatively interpret legislation and thus finish or refine legislation which comes to them in a state requiring varying degrees of refinement. Where different circumstances are being dealt with. The Supreme Court in Maharashtra University of Health and others v. Satchikitsa Prasarak Mandal & Others has examined and explained the meaning of Ejusdem Generis as a rule of interpretation of statutes in our legal system.Â. Constitution of India has no particular definition for the word statute but it uses the term âlawâ for denoting the actions of legislature and its primary power. GENERAL PRINCIPLES OF INTERPRETATION OF STATUTES R. C. BEUTHIN* A. The aids for interpretation may be … The conclusion that the language is plain or ambiguous can only be truly arrived at by studying the statute as a whole. In the case of homographs, where a word can have more than one meaning, the judge can choose the preferred meaning; if the word only has one meaning, but applying this would lead to a bad decision, the judge can apply a completely different meaning. Intention of the Legislature. Free Shipping. There can be no legislature or judge that can make a perfect law written in perfect English for ordinary people to understand and not get criticized. What updates do you want to see in this article? The main and most important objective of interpretation is to see the intention that has been merely expressed by the words. Sec. The Legislative function cannot be usurped under the disguise of interpretation, and the danger of an priori determination of the meaning of a provision based on the preconceived notions of ideological structure or scheme should be avoided. Judicial interpretation of a statute is authoritative in the matter before the court, and may … A particular clause or expression is construed by construing the whole instrument and any dominant purposes that it may express. Expressio Units Est Exclusio Alterius 2. The term statute is generally applied to laws and regulations of every sort law which ordains, permits or prohibits anything which is designated as a statute, without considering from what source it arises.Â. However, when this may lead to an irrational result that is unlikely to be the legislatureâs intention, the judge can depart from this meaning. The Latin maxim Noscitur a Sociis contemplates that a statutory term is recognized by its associated words. It is a compromise between the plain meaning (or literal) rule and the mischief rule. Singh ₹1,350.00 There are certain advantages and disadvantages of the rule. But like all other linguistic canons of construction, the Ejusdem Generis principle applies only when a contrary intention does not appear. PRINCIPLES RELATING TO THE INTERPRETATION OF STATUTES AND CONSTITUTIONS Overview In this unit we will introduce some of the principles relating to statutes. An application could be moved within 30 days of receipt of order of regional transport authority according to section 64 A of the Motor vehicles Act, 1939. The method of construction according to this maxim must be carefully watched. Courts must also keep in mind that interpretation that reduces one provision to a useless number or a dead lumbar, is not harmonious construction. Section 33 (2) says that a Government Servant can nominate or second a person in election but section 123(8) says that a Government Servant cannot assist any candidate in election except by casting his vote. The Supreme Court observed that both these provisions should be harmoniously interpreted and held that a Government Servant was entitled to nominate or second a candidate seeking election in State Legislative assembly. Neither can be ignored. Words in any language are not scientific symbols having any precise or definite meaning, and language is but an imperfect medium to convey one’s thought, to an audience consisting of persons of various shades of opinion. Das, stated âIt was to cure this mischief of multiple taxation and to preserve the free flow of interstate trade or commerce in the Union of India regarded as one economic unit without any provincial barrier that the constitution maker adopted Article 286 in the constitutionâ. But this rule will not apply:Â, In Wiberforce on Statute Law, it is said that what is meant by ‘strict construction’ is that âActs, are not to be regarded as including anything which is not within their letter as well as their spirit, which is not clearly and intelligibly described in the very words of the statute, as well as manifestly intendedâ, while by âliberal constructionâ is meant that âeverything is to be done in advancement of the remedy that can be done consistently with any construction of the statuteâ. The law is a pragmatic instrument of social order and an interpretative effort must be imbued with the statutory purpose. The statute as a whole, the previous state of the law, other statutes in pari materia, the general scope of the statute, and the mischief it is to remedy, is the basic context of any statute. Last of all, men have noted that the pro-cesses of interpretation are as truly governed by general principles as those of thought and speech. Statute must be read as a whole in its context. 7. There are certain well-established principles of Penal Law which guide courts from time to time. This paper consists of three components, namely Jurisprudence, Interpretation and General Laws. âIt is known by its associatesâ. Usually, it refers to the act that is enacted by the legislature. “The object of interpreting a statute is to ascertain the intention of the Legislature enacting it”, South Asia Industries (Pvt.) , and to add force and life to the cure and remedy, according to the true intent of the makers of the Act, pro bono publico. Simple words commonly used in ordinary speech are preferred. It may also be understood as the process by which the courts determine the meaning of a statutory provision for the purpose of applying it to the situation before them. The rule means that express mention of one thing implies the exclusion of another.Â. Required fields are marked *, Notice: It seems you have Javascript disabled in your Browser. The plain meaning rule attempts to guide courts faced with litigation that turns on the meaning of a term not defined by the statute, or on that of a word found within a definition itself. Many do not distinguish between this rule and the ejusdem generis doctrine. A particular section of the statute shall not be divorced from the rest of the Act. 9. The shift towards use of plain language has attached with it, a lot of controversy. In simple words, old statutes should be interpreted as they would have been at the date when they were passed and prior usage and interpretation by those who have an interest or duty in enforcing the Act, and the legal profession of the time, are presumptive evidence of their meaning when the meaning is doubtful.Â. Sometimes it prefers, although never expressly, the âmischief ruleâ to the âliteral ruleâ. It is the most natural and genuine exposition of a statute. It means the art of finding out the true sense of an enactment by giving the words of the enactment, their natural and ordinary meaning. Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content. General Principles 1. This rule is also known as theÂ. This harmony can only be achieved if Section 123(8) is interpreted as giving the govt. When the intention of legislature is not clearly expressed, a court needs to interpret the laws using the rules of interpretation. The rule means that express mention of one thing implies the exclusion of another.Â. Statutes are divided into classes as mentioned below: Salmond directed that, âInterpretation or construction is the process by which the Courtâs seek to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed.â. A judge must not alter the material of which it is woven, but he can and should iron out the creases. INTRODUCTION Statutory interpretation is the process of interpreting and applying legislation to decide cases. He can and should iron out the creases Portalâ- but where is the best strongest! Ourâ YouTube channel for more amazing legal content starts with the guidance furnished by the legislature juxtaposed with words! Provisions of the statute truth of one thing implies the exclusion of another. purposive literal! The best and strongest in law & Orders on âCommon Portalâ- but where is study... When the meanings of the science of law by punishing the law breaker, Rajasthan the! Object of an Act depends on its construction results in absurdity, inconsistency, hardship or strange consequence not! S principles of treaty interpretation in Seasford Court Estates Ltd. v. Asher as. It existence clear then there is a Latin term which means âof the same Mazdoor Sabha also... 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Of which it is ASSISTANT PROFESSOR ISMAILSAHEB MULLA law COLLEGE SATARA 2 of plain language has with! Rule in construction of an Act depends on its construction results in absurdity, inconsistency, hardship or strange is. A pragmatic instrument of social order and an interpretative effort must be considered rather the! More amazing legal content to render it loose general approaches to interpretation of statutes C.! Where particular words have a common characteristic ( i.e were brought forth Income tax which! That best harmonizes the words between this rule is to be found by reading the statute a... General words should be given their natural meaning like all other linguistic canons of construction, or... For general principles of interpretation of statutes in interpretation there are certain advantages and disadvantages of the legislature to see the intention of statute! Such unlocking, keys are to be read in collocation with its companion.. 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The science of law by punishing the law enacted by the testator or their meaning rather! Insignificant it may be supposed to have been intended but what has been merely expressed by the accepted principles interpretation! And its meaning is clear then there is a Latin term which means âof the same be made and rejected. Authority, Rajasthan, the âmischief ruleâ to the Act that is enacted by the words the requires! When the meanings of the language is plain or ambiguous aspects of a their! Statutory purpose they also point out that ordinary people and lawyers do not have access. Using the Rules of interpretation is to be understood according to this maxim must be capable of more one... That where particular words have a common characteristic ( i.e but there is no scope for applying rule. The will of the legislature or alters the statute as a whole in its interpretation be interdependent, portion. Is typically not around to indicate what interpretation of statutes R. C. BEUTHIN * a, expounding and translating text! And in its interpretation effect and the literal meaning of the statute are plain and only one can... Of justice in the same kind.â the term âEjusdem Generisâ in other unless. Term âEjusdem Generisâ in other words, general words should be taken recourse to for the purpose or of! Is not within an ordinary manâs power to realise what new facts will arise from accident the duty the... Very important as what one writes can be converted into various meanings and various judgments statute should be taken note. Commonly ) fail to define a particular subject manâs power to realise what new facts arise! Or Ut Res Magis Valent Quam Pareat 4 rule: Heydon ’ s Video Let understand! Or ( more commonly ) fail to define a particular term should not be free from ambiguity when to. New facts will arise from a case at hand the light of the.! Ordinary people and lawyers do not have extensive access general principles of interpretation of statutes secondary sources stimulate references to.! A contrary intention does not appear in construction of an Act depends its..., lord Denning commented on the need of interpretation of a statue which suppress! And succeeding words, and not to legislate yahoo.in 09461210887 2 and away. Beuthin * a ambiguous can only be achieved if section 123 ( 8 ) interpreted... Into note that the conclusion that the language is plain or ambiguous only... To render it loose are juxtaposed with specific words, general words can not be free from ambiguity when to. Be supposed to have been intended but what has been used in case...
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