Interpretation Of Statutes

Interpretation Of Statutes In India

“The essence of law lies in the spirit, not in its letter, for the letter is significant only as being the external manifestation of the intention that underlies it” - Salmond

Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning. It is the process of ascertaining the true meaning of the words used in a statute. The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. These principles are sometimes called ‘rules of interpretation’.

The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. As stated by SALMOND, "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."

Statutory interpretation is the process by which the courts interpret and apply legislations to the facts of the Case, placed before it by the parties to the Case. Some amount of interpretation of the statutes is often necessary by the Courts, as also by the Counsel of the parties. Sometimes the words of a statute have a plain and straightforward meaning, however, in many cases, there is ambiguity and vagueness in the words of the statutes that gets resolved by the courts of the competent jurisdiction. To find the actual meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose, etc.

The purpose of the interpretation of the statute is to unlock the locks put by the Legislature. The keys to such lock may be termed as aids for interpretation and principles of interpretation. The aids for interpretation may be divided into two categories, namely, Internal and External. The Internal Aids are those which are found within the statute. They may be as follows:- 1. Long title of the statute. 2. Preamble of the statute. 3. Chapter Headings of the statute. 4. Marginal Notes to every section of statute. 5. Punctuations. 6. Illustrations given below the sections. 7. Definitions. 8. Provisos. 9. Explanation. 10. Saving Clauses and non-obstante Clauses.

External Aid for interpretation are those which are not contained in the statute but are found else-where. They may be as follows:- 1. Historical background. 2. Statement of objects and reasons. 3. The original Bill as drafted and introduced. 4. Debates in the Legislature. 5. State of things at the time a particular legislation was enacted. 6. Judicial construction. 7. Legal dictionaries. 8. Commonsense.

As stated above, the Superior Courts have formulated certain principles of interpretation to find out the real intent of the Legislature. These principles may be enumerated as follows:- 1. Literal construction, 2. No external aid Where words plain and unambiguous, 3. Mischief rule (Heydon's case), 4. Words coupled together to take colour from each other, 5. The golden rule: No hypothetical considerations, 6. Absurdity or hardship, 7. Contextual interpretation, 8. Liberal construction, 9. Harmonious construction, 10. Construction to avoid invalidity,

The important aspects of this principle are - 1. The courts must avoid a head on clash of seemingly contradicting provisions and they must construe the contradictory provisions so as to harmonize them. 2. 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. 3. 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. 4. Courts must also keep in mind that interpretation that reduces one provision to a useless number or a dead lumbar is not harmonious construction. 5. To harmonize is not to destroy any statutory provision or to render it loose.

Vital Features Of The Interpretation Of Statutes

#Interpretation Of Statute & General Clauses Act- The Whole Law

· Change In The Statute In The Garb Of Clarifications- A retrospective provision in a tax act which is "for the removal of doubts" cannot be presumed to be retrospective, even where such language is used- MM Aqua Technologies Ltd. Vs Commissioner of Income Tax, Delhi-III- Supreme Court Of India Judgment Dated-

· Retrospective Effect Of Law- MM Aqua Technologies Ltd.- Supra-

· Over-ruling Of Principles By A Subsequent Judgment- Over-ruling Of Principles By A Subsequent Judgment Will Not Dilute Binding Effect Of Decision On Inter-parties.

· Binding Effect Of Decision- Over-ruling Of Principles By A Subsequent Judgment Will Not Dilute Binding Effect Of Decision On Inter-parties.

· Directory Or Mandatory- The provision is directory, and not mandatory, and consequently, non-compliance of the same would not vitiate the proceedings.

· Vitiate- The provision is directory, and not mandatory, and consequently, non-compliance of the same would not vitiate the proceedings.

#To Be Vetted

Absurdity Or Anomaly
Acts: Two acts operating in the same field- Two different statutes dealing with the same problem
Aid: from object & reason
Apprehension
Abuse: Of a Provision of a statute- Of Process of law
Administrative: Decision- Direction- Instruction
Aid from other statute
Ambiguity: Ambiguity in the provision- Ambiguous expression
Analogous: Interpretation of Analogous Words
Arbitrariness-
Assertions- Assertions in WS are sham and illusory and therefore devoid of any merits-
Assumption: Of power by implication
Audi Alteram Partem
Authority- Court has to exercise its authority with circumspection-
Beneficial Construction: Beneficent Construction
Benevolent Enactment
Beyond Words of Statutes
Cardinal: Principles- Rules- Cardinal principles of interpretation-
Casus Omissus
Capricious- impulsive- variable- changeable-
Clear, Explicit & Unambiguous: Language of statute
Colourable: Legislation- Exercise of power
Conflict & Contradiction- In language of statute- Conflicting statutes
Construction: Liberal Construction- Construction of provisions of Act & statute- Literal Construction- Meaningful Construction- Permissible Construction- Plain Construction- Primary Rules Of Construction- Purposive Construction- Rule Of Updating Construction- Statute capable of two Construction- Strict construction
Contemporanea Expositio: Contemporaneous Exposition
Contingency
Creative Interpretation
Declaratory Acts
Deeming Clause
Departure from plain rule
Dictionary Meaning of Words
Directory or Mandatory- Provision/ Statute
Discretionary
Duty Of Court
Ejusdem Generis : Doctrine Of Ejusdem Generis
Enactment: Positive
Equity, Justice & Good Conscience
Exception
Exclusionary Clause
Executive Instruction
Exemption Clause
Explanation Appended to a Section
Expression: Qualifying Expression- Two expressions used in the same provision
Extension of A Statute
External Aid
Extraneous Aid
Factual Backdrop of Statute
Fiction: Fiction Engrafted Under Statute- Legal Fiction- Statutory Fiction
Foreign Law & Decision
Function Of Court
Gender Discriminatory Provision
Golden Rule Of Interppretation
Governing Law
General Clauses Act, 1897.
Hardship Or Inconvenience
Harmonious: Interpretation- Construction
Heading or title prefixed to a section
Hierarchy of laws
Hypothetical Construction
Illustration
Importing any rule of interpretation
Inclusive Definition
Innovation: Technological Innovation
Intent: Intent of Legislature- Legislative Intent
International: Agreement- Convention- Laws- Covenants & Treaties
Interpretation: Rule Of Interpretation- Statutory Interpretation- Purposive Interpretation- Strict Interpretation- Two possible Interpretations-
Interpretation: General principles of interpretation; Internal Aid to Interpretation; External Aid to Interpretation of Statutes; Interpretation of Penal Statutes; Interpretation of Fiscal Statutes; Statutes: Amending, Consolidating and Codifying Statutes; Interpretation of the Constitution; Operation of a statute; Mandatory and Directory Statues.
Ignorance of fact and law
Judicial Interpretation
Judicial Review
Jurisdiction: Of Court- Jurisdictional Provisions
Law-
Legislation: Subordinate Legislation; Subsequent Legislation;
Literal: Literal Construction- Literal Interpretation- Literal Meaning- Literal Rule of Interpretation
Mandatory: Mandate of legislation- Mandatory Obligation- Mandatory Provision
Marginal Note
Mischief Rule
Malafide
Motive: Ulterior; Diabolical
Letter & Intent of Legislation
Natural Justice: Violation of principle of natural justice;
Natural Justice
Necessary & Expedient
Necessity of interpretation
Negligence
Non Obstante Clause
Nositur A Sociis: Rule Of Nositur A Sociis
Object: Substantive Object defeated by procedure
Objective Interpretation
Objects & Intention Of Legislature
Objects & Scope Of Statute
Objects & Reasons Of Statute
Obligation On Court
Observation Of Court
Omission
Otios
Overlapping: Provision- Statute
Overriding effect
Prejudice
Perversity: Perverse finding
Presumption: Statutory Presumption | Presumption affecting the jurisdiction of the Court.
Pith & Substance
Pleading
Presumption
Prescribed Procedure
Preventive Detention
Prospective Or Retrospective Operation of Statute
Proviso
Question- Mixed question facts & law- Question law- Pure question law-
Relevant Consideration by Court
Remedial & Welfare Legislation
Reports Of Law Commission
Repugnancy
Fair Compensation: Right To Fair Compensation
Redundancy: Rule Against Redundancy
Social, Economic Welfare Legislation
Statement of Objects & Reasons
Sticking Down of a provision of a statute-
Statute- There is no statutory basis for the exercise of the action challenged-
Sundry Section-
Unjust: Unjustified
Unreasonable
Vagueness
Validity
Views: What happens when two views emerge from the same origin
Welfare Legislations
Whole: Statute to be read as a whole
Words, Phrases & Sentence.

Legislations Governing Interpretation Of Statutes In India

General Clauses Act, 1897.
Interpretation Of Statutes Act, 1957.

Judgments & Citation: Interpretation Of Statutes

Affidavit: False and misleading affidavits
Apprehension: Apprehensions of judicial bias should not be imaginary, based on conjectures and surmises, the same should be grounded in reasonableness.
General Clauses Act, 1897.
Intent: Letter & Intent of Legislation
Interpretation: General principles of interpretation; Internal Aid to Interpretation; External Aid to Interpretation of Statutes; Interpretation of Penal Statutes; Interpretation of Fiscal Statutes; Statutes: Amending, Consolidating and Codifying Statutes; Interpretation of the Constitution; Operation of a statute; Mandatory and Directory Statues.
Malafide
Natural Justice: Violation of principle of natural justice;
Prejudice
Perversity: Perverse finding
Presumption: Statutory Presumption | Presumption affecting the jurisdiction of the Court.

· Jurisdiction- The Court Exceeding Or Failing To Exercise Its Jurisdiction- Accusatorial, Inquisitorial & Adversarial Jurisdiction.

#Purposive Construction- Principle Of

· Indian Handicrafts Emporium & Ors.- SC-2003 (7) SCC 589- Principle of purposive construction-27.08.2003.

#Sur-Rejoindre

Judgments & Citations:

· Ashutosh Versus Arun Jaitley & Ors, FAO(OS) 174/2016, Judgment Dated: 03.06.2016, Bench: Pradeep Nandrajog & Mukta Gupta, JJ, Delhi High Court [Full PDF Judgment]

#Speedy Trial

· Ranjan Dwivedi Versus C.B.I., Through The Director General, Writ Petition (Crl.) No. 200 Of 2011, Judgment Dated- 17.08.1012, Bench- H. L. Dattu, J, Chandramauli Kr. Prasad, J, Supreme Court Of India.- Writ Petitions, filed under Article 32 of the Constitution of India, seeking the enforcement of petitioner’s fundamental right of “speedy trial [Full PDF Judgment].

#Preliminary Objections

· Ajay Arjun Singh Versus Sharadendu Tiwari Civil Appeal No. 8254 Of 2016, Supreme Court Of India, Judgment Dated- 23.08.2016- “32…. Preliminary objections, if any, (in cases where there is more than one) in an election petition are to be taken at the earliest point of time and in one go. The practice such as the one adopted by the appellant only tends to delay the adjudication of the election petition which are mandated16 by the Parliament to be decided within a period of six months. We declare that the later of such successive petitions must be dismissed by High Courts in limine on that count alone.

#Perversity- Perverse Finding

Judgments & Citation: Perversity

• Damodar Lal Versus Sohan Devi, Civil Appeal No. 231 OF 2015, Judgment dated: 05.01.2016, Madan B. Lokur, & S. A. Bobde, JJ, Supreme Court Of India. [Full PDF Judgment]- Perversity of Finding- The first appellate court, under Section 96 of The Civil Procedure Code, 1908, is the last court of facts unless the findings are based on no evidence or are perverse.- The strained effort made by the High Court in second appeal to arrive at a different finding is wholly unwarranted apart from being impermissible under law.- High Court was not justified in reversing the finding of fact recorded by the first appellate court.-

• Krishnan v. Backiam and another, (2007) 12 SCC 190- On Perversity the SC held, “11.It may be mentioned that the first appellate court under Section 96 CPC is the last court of facts. The High Court in second appeal under Section 100 CPC cannot interfere with the findings of fact recorded by the first appellate court under Section 96 CPC. No doubt the findings of fact of the first appellate court can be challenged in second appeal on the ground that the said findings are based on no evidence or are perverse, but even in that case a question of law has to be formulated and framed by the High Court to that effect. …”

#Locus Standi

#Letter & Intent Of Legislation

Judgments & Citation: Letters & Intent

• Union of India Vs. Hansoli Devi (2002) 7 SCC 273.

• Affidavit: False and misleading affidavits

• Apprehension: Apprehensions of judicial bias should not be imaginary, based on conjectures and surmises, the same should be grounded in reasonableness.

• General Clauses Act, 1897.

• Intent: Letter & Intent of Legislation

• Interpretation: General principles of interpretation; Internal Aid to Interpretation; External Aid to Interpretation of Statutes; Interpretation of Penal Statutes; Interpretation of Fiscal Statutes; Statutes: Amending, Consolidating and Codifying Statutes; Interpretation of the Constitution; Operation of a statute; Mandatory and Directory Statues.

• Malafide

• Natural Justice: Violation of principle of natural justice;

• Prejudice

• Perversity: Perverse finding

• Presumption: Statutory Presumption | Presumption affecting the jurisdiction of the Court.

Judgments & Citation: Affidavit

M/s Sciemed Overseas Inc. Versus BOC India Limited & Ors., SLP (C) No. 29125 of 2008, Judgment Dated: 11.01.2016, Bench: Madan B. Lokur, & R.K. Agrawal, J, Supreme Court of India [Full PDF Judgment]- Issue of filing of false and misleading Affidavit- Referred to and relied upon the following judgments, “30. In the case of Suo Moto Proceedings Against R. Karuppan, Advocate, (2001) 5 SCC 289, this Court had observed that the sanctity of affidavits filed by parties has to be preserved and protected and at the same time the filing of irresponsible statements without any regard to accuracy has to be discouraged. It was observed by this Court as follows: “Courts are entrusted with the powers of dispensation and adjudication of justice of the rival claims of the parties besides determining the criminal liability of the offenders for offences committed against the society. The courts are further expected to do justice quickly and impartially not being biased by any extraneous considerations. Justice dispensation system would be wrecked if statutory restrictions are not imposed upon the litigants, who attempt to mislead the court by filing and relying upon false evidence particularly in cases, the adjudication of which is dependent upon the statement of facts. If the result of the proceedings are to be respected, these issues before the courts must be resolved to the extent possible in accordance with the truth. The purity of proceedings of the court cannot be permitted to be sullied by a party on frivolous, vexatious or insufficient grounds or relying upon false evidence inspired by extraneous considerations or revengeful desire to harass or spite his opponent. Sanctity of the affidavits has to be preserved and protected discouraging the filing of irresponsible statements, without any regard to accuracy.” 31. Similarly, in Muthu Karuppan v. Parithi Ilamvazhuthi, (2011) 5 SCC 496, this Court expressed the view that the filing of a false affidavit should be effectively curbed with a strong hand. It is true that the observation was made in the context of contempt of Court proceedings, but the view expressed must be generally endorsed to preserve the purity of judicial proceedings. This is what was said: “Giving false evidence by filing false affidavit is an evil which must be effectively curbed with a strong hand. Prosecution should be ordered when it is considered expedient in the interest of justice to punish the delinquent, but there must be a prima facie case of “deliberate falsehood” on a matter of substance and the court should be satisfied that there is a reasonable foundation for the charge.”.

Judgments & Citation: Apprehension

Usmangani Adambhai Vahora Versus State of Gujarat & Anr., Criminal Appeal Nos. 1592-1593 of 2015, Judgment Dated: 08.01.2016, Dipak Misra, J, & Prafulla C. Pant, J, Supreme Court Of India. [Full PDF Judgment]- In this case, the SC lays emphasis on sustenance of majesty of law by all concerned.- So far as apprehension is concerned, held the Hon'ble Supreme Court, it has to be one which would establish that justice will not be done- There has to be a real apprehension that there would be miscarriage of justice- Apprehension in the instant Case was found to be absolutely mercurial and unreal. To alley fears of apprehension, the Supreme Court observed that it has to be borne in mind that a judge who discharges his duty is bound to commit errors, which can, as always, be rectified by the Superior Courts.

Judgments & Citation: Letters & Intent

Union of India Vs. Hansoli Devi (2002) 7 SCC 273.

Judgments & Citation: Perversity

Damodar Lal Versus Sohan Devi, Civil Appeal No. 231 OF 2015, Judgment dated: 05.01.2016, Madan B. Lokur, & S. A. Bobde, JJ, Supreme Court Of India. [Full PDF Judgment]- Perversity of Finding- The first appellate court, under Section 96 of The Civil Procedure Code, 1908, is the last court of facts unless the findings are based on no evidence or are perverse.- The strained effort made by the High Court in second appeal to arrive at a different finding is wholly unwarranted apart from being impermissible under law.- High Court was not justified in reversing the finding of fact recorded by the first appellate court.-
Krishnan v. Backiam and another, (2007) 12 SCC 190- On Perversity the SC held, “11.It may be mentioned that the first appellate court under Section 96 CPC is the last court of facts. The High Court in second appeal under Section 100 CPC cannot interfere with the findings of fact recorded by the first appellate court under Section 96 CPC. No doubt the findings of fact of the first appellate court can be challenged in second appeal on the ground that the said findings are based on no evidence or are perverse, but even in that case a question of law has to be formulated and framed by the High Court to that effect. …”

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