INTERPRETATION OF STATUTE INTRODUCTION
TOPIC INTERPRETATION OF STATUTES Literal meaning of Interpretation is Explaining the meaning of something. Whereas Statute means the will of the Legislature'. - Statute is commonly known as an 'Act or Law' enacted by Legislature. Thus the meaning of the topic is Explanation of the written will of Legislature.
Objective of Interpretation " To Discover the intention of the author of the law. "Interpretation should be as near as possible to the minds of the lawmaker. It is the work of the Court to ascertain what the parties meant by the words that they have used A Judge must enter into the shoes of the lawmaker if any question of interpretation comes up to him. He must then do what they would have done.
General Principles of Interpretation " When the intention of the Legislature as expressed in the Statute is not clear, only then the Court in interpreting it, will need for rules of interpretation. Let us discuss some of the Primary Rules of Interpretation Literal Construction As per this Rule, Every word, sentence of statute understood in their natural, ordinary should be meaning, Unless it leads to absurdity.
General Principles of Interpretation Rule of Reasonable Construction At fist instance the true and plain meaning are to be given to any statute. oIt is when the literal meaning leads to the defeat of the intention of the law makers that this Rule will be applied. If ordinary meaning of the words used in the Statute gives an absurd meaning , then the words will be interpreted reasonably i.e. to give a sensible meaning. It is the duty of the Court to give effect to the intention of the Legislature.
I am Harshita Kant, Company Secretary in Practice.Also law & commerce graduate. All India Rank holder in CS and Gold medalist in Law