Ch 11 Decision Making and Relevant Information Everything You Need to Know
This article is written by Karunashankar K.N. a 2nd-twelvemonth law pupil from Schoolhouse of Law Christ University, Bengaluru.
Interpretation
The word 'Interpretation' is derived from the Latin term 'interpretari' which means to explain or expound or to understand or translate. Interpretation is a process through which 1 arrives at the true and right intention of the law-making torso which is laid in the form of statutes. This helps in finding out the intention of the writer.
Interpretation of any information more often than not means to analyze the available data and come out with an opinion which is sure and clear. This increases the power of an private to understand and explain information technology in his/her own way. This helps to find out the ways to understand and analyse the statute, where it leads the interpreter to the whole new significant which is completely different from the full general meaning.
It is necessary for all law students, lawyers, judges and anyone who belongs to the legal fraternity to know how to translate the statute whenever a legislative firm comes upwardly with the new statute or an amendment because they volition be dealing with these legislations on 24-hour interval to day basis. The main intention of analyzing is to know the new changes which are existence brought due to the legislation and the impacts of that legislation in society.
Usually, the interpretation of the statute is washed by the judges, it is the primary function of the judge every bit a judicial caput. Every bit we all know that our government is divided into three important wings which are: Legislature, Executive and Judiciary. Hither legislature lays down the police and intends people to act according to the legislature and the judiciary that is judges volition come up up with the proper significant of the law and puts the law into operation. This helps in maintaining checks and balances between the wings.
Need for interpretation
- The ambiguity of the words used in the statute: Sometimes there will be words that take more than than 1 pregnant. And it may non exist clear which meaning has to be used. There could be multiple interpretations made out of information technology.
- Alter in the environment: We all know that society changes from fourth dimension to time and at that place may exist new developments happening in a society that is not taken into consideration, this lacks the predictability of the future event.
- Complexities of the statutes: usually statutes are complex and huge, it contains complicated words, jargon and some technical terms which are non easy to understand and this complexity may lead to confusion.
- When legislation doesn't embrace a specific area: Every time when legislations are out it doesn't cover all the area information technology leaves some grey areas and interpretation helps in bridging the gaps between.
- Drafting mistake: The draft may be made without sufficient knowledge of the subject field. It may also happen due to the lack of necessary words and correct grammar. This makes the typhoon unclear and creates ambiguity in the legislature.
- Incomplete rules: In that location are few implied rules and regulations and some implied powers and privileges which are non mentioned in the statute and when these are non defined properly in the statute this leads to ambivalence.
Rules of interpretation of statutes
Strict Interpretation
Strict estimation means each word in the statute should be interpreted past the letter and non with respect to the spirit behind the statute. A judge has to utilise the text only every bit information technology is written in the statute when there is clear meaning of the text there will exist no scope for whatsoever further investigation regarding the same. Here in strict estimation, the courts will utilize the literal rule of interpretation.
This method is important because judges will non make any wrong inferences from statutes and volition non become out from the letter of the alphabet of the law and the judgment volition be purely based on the text of the statute. This upholds the rule of law past giving importance to the legislature that passes the laws.
If we take the example when we are dealing with the taxation provisions we can non vary from the letter of law every bit it is universally applicable to all the people in the nation. It is practical equally per the text in order to fix the standard in society and clear all the uncertainties which may ascend in the near futurity.
State of Jharkhand v. Ambay Cements, 2005
In this case, it was held that the provisions of the law should exist strictly synthetic, it should not be let open for the court to interpret, the court cannot ignore the weather prescribed in the provision. Wherever there is a mandatory dominion information technology must be strictly followed, when a statute explicitly mentions the performance of a particular act in a specific way and lays down the consequences to information technology, that should be mandatorily followed. Central rule of interpretation is that when a particular act should be done in a prescribed manner the courts cannot interpret that in whatever way of performance. [1]
Liberal Interpretation
Liberal or benign interpretation means the interpretation of the statute should be made liberally in order to become a wider and enhanced pregnant to it. Hither judges have all the powers and potency to interpret the laws according to the case requirements and in this rule, there will exist no compulsion to follow simply the alphabetic character of the law, they tin go beyond the meaning of the text and interpret. The courts will use the golden dominion of interpretation or the Mischief rule of interpretation.
In this method, the judge does not restrict themselves to the literal meaning of the law but they volition give all the opportunity to the lawyers to enlighten them with the different interpretations of the police force. They will effort looking at the law from the other perspective, by which many of the modernistic-day problems would exist solved. Every bit information technology is an exhaustive rule of estimation it gives a wider scope of expanding the law and helps in creating a new law if required.
If we take the instance of the 'CONSUMER PROTECTION Act', the main aim of that human activity is to protect the interest of the people. All the laws are established for the public interest information technology cannot be looked in a narrow way past restricting information technology into the alphabetic character of law.
Madan Singh v. UOI, 1999
In this instance, information technology was held that it is the duty of the courtroom to interpret the provisions of the police force, equally every example will not exist having the same state of affairs, and the court should interpret especially when there are beneficial provisions related to the parties. The interpretation every bit to be made in the liberal sense so as to go a wider significant and understanding of the give-and-take rather than restricting the significant which would probably negate the whole case. And this would destroy the complete purpose of the law which is to protect the public involvement. [two]
Literal Rule
The literal rule basically looks into what the law says, non what the police means. It considers the original meaning of the word. Here judges cannot come with the words and interpret co-ordinate to the case basis. When the linguistic communication used is simple and the words accept just ane pregnant to information technology at that fourth dimension judges volition use this literal rule of interpretation.
When there are no two meanings to a word. This rule helps courts from taking sides in legislative or political issues. If any word in the statute has a special meaning to information technology, unremarkably it volition be mentioned in the interpretation clause, all technical words are given ordinary significant if the statute has not specified it. Usage of the appropriate words is very important and makes a lot of difference in the significant of the context.
Courts should never get beyond the intention of the legislators. When the words of the statute are in themselves precise and unambiguous, and then there is no need of explaining that in the natural or ordinary sense.
R 5. Harriss, 1836
The defendant scrap off the victim's nose. The statute says it is offence 'to stab cut or wound' a person. Hither the court applied the literal rule, the act of biting did not come inside the meaning of stab cut or wound as these words implied an instrument had to be used. Therefore the accused's conviction was quashed. [3]
Fisher five. Bell, 1960
Under the 'offensive weapons human action of 1959', it is an offence to offering certain offensive weapons for sale. Bristol shopkeeper, James Bell displayed a flick knife in his store window. When brought to trial it was concluded that Bell could not be convicted given the literal meaning of the statute. The law of contract states that having an item in a window is non the intention of sale only is an invitation to treat. Given the literal significant of this statute, Bong could non be bedevilled.
Pritipal Singh 5. Union Of India
There was the criminal case was against the defendant, the charge sheet was filed every bit per the violations and provisions under the 'Narcotic Drugs and Psychotropic Substance Human activity, 1985' and the interpretation of words was in question. The court emphasized the literal dominion of interpretation.
Information technology was held that there is a presumption that the words which are used in the statutes are correct and exact and it is inappropriately made. [4]
Criticism
- Judges started giving more importance to the literal meaning of the statutory provisions without considering the wider pregnant of the context.
- This method ignores the limitations of the language.
- Words undergo changes in their meaning equally time passes.
- Basing it on a wrong assumption that a word has only ane fixed meaning.
- Lack of clarity in the statute.
- This leads us to prejudices and determines the meaning of the statute.
Reasonable Construction
Reasonable construction follows the principle of 'Ut Res Magis Valeat Quam Pareat' which means when the interpretation of the statute is made information technology should be done in a meaningful and sensible way. If a statute is having a ii interpretation where i is completely vague and absurd and other is perfectly making sense then that meaningful estimation should be used.
A provision of constabulary cannot be so interpreted where it is fabricated without using common sense. Every word or expression used in an deed should receive its natural and off-white pregnant which was made in accordance with the legislator.
Tirath Singh v. Bachittar Singh
It is just when the language of a statute, in its ordinary pregnant and grammatical construction, leads to a manifest contradiction of the apparent purpose of the enactment, or to some inconvenience or absurdity, hardship of injustice, presumably not intended, a structure may be put upon it which modifies the meaning of the words and even the construction of the sentence. [5]
Kanwar Singh five. Delhi Administration, AIR 1965
Courts can depart from the dictionary meaning of a discussion and give it a significant which volition accelerate the remedy and suppress the mischief provided the Court does not have to conjecture or surmise. Construction will be adopted in accordance with the policy and object of the statute. [6]
Golden Rule
The Golden rule is likewise chosen every bit British rule of estimation, information technology is a form of statutory interpretation which allows a judge to depart from a normal meaning of the word in order to avoid an cool event. As we know applying the bare letter of law sometimes may lead us to defoliation and gives us an absurd result, in lodge to overcome these kinds of results judges will requite an opportunity to the lawyer to come up with the new interpretation to the law which volition be more than certain and accurate to the example.
This method of estimation is also known every bit the compromise method betwixt literal rule and the mischief dominion. In the literal rule, judges will only use the give-and-take pregnant nada else, but sometimes this may be irrational and gives the states unexpected results which will be unlikely to the legislator'due south intention.
In the case of homographs, where a word tin take more than one pregnant, the gauge can cull the meaning which is suitable at that item case if the word simply has but 1 significant, only applying that would atomic number 82 to a bad conclusion where the judge tin can apply that decision and arrive at a completely different meaning.
This rule is used in two main situations:
- When the significant of the word is too narrow.
- When the word itself has ambiguity or absurdity.
For example:
- Whenever you stand almost the lift it will be written that ''Exercise not use lifts in case of fire.'' if you lot consider information technology in a literal meaning you should never use the lifts, this would be an absurd result because the intention of the person who put the sign is to foreclose using of elevator when there is live fire burning anywhere near the elevator.
- When a son murdered his mother and committed suicide, now the court has to decide who volition inherit the belongings is its mother'due south family or the son'southward descendants. The judgment came out in favour of the mother's family, hither what we have observed here is son never had the intention of making a profit by his law-breaking, but now this judgment will exist binding on all the lower courts.
R v. Allen, 1872
The defendant was charged with an offence of bigamy under section 57 of 'offence against person act 1861'. The statutes states "whomsoever beingness married shall ally whatsoever other person during the lifetime of hubby and wife is guilty of an offence."
Nether the literal dominion of interpretation of this department, the offence would be impossible to commit since the civil law will not recognize a second marriage as an attempt to marry in such circumstances would not exist recognized as a valid marriage.
Court applied the gilt rule and held that the give-and-take marriage should be interpreted equally 'to become through a marriage ceremony.' The accused was convicted and held guilty. [7]
Adler v George instance, 1964
Under section three of the 'official secrets act,1920' information technology was an offence to obstruct HM Forces in the vicinity of a prohibited area. Adler was arrested for obstructing forces whilst in a prohibited surface area. Under The Literal Rule, Adler was non in the vicinity of the area, he was in the surface area and then was non infringing the terms of the act. The Golden Rule was applied to extend the meaning of 'vicinity' and avoid the possible absurd outcome.
Uttar Pradesh Bhoodan Yagna Samiti v. Brij Kishore
The Supreme Court held that the expression "landless person" used in Section 14 of the 'U.P. Bhoodan Yagna Act, 1953,' which made provision for grant of land to landless persons, was limited to "landless labourers". Landless labour is he who is engaged in agriculture only having no agricultural land.
The Courtroom further said that "any landless person" did non include a landless businessman residing in a city. The object of the Act was to implement the Bhoodan motility, which aimed at the distribution of state to landless labourers who were verged in agriculture. A businessman, though landless cannot claim the benefit of Human action. [8]
Criticism
- This infringes the separation of ability amidst the wings of the government that is betwixt judiciary and legislature.
- Here judges can technically alter the law by irresolute the meaning of the words in the statute.
- This method can exist used merely when in that location is an applesauce in the statute.
Mischief Rule
The mischief rule is a kind of statutory interpretation where it attempts to determine the intention of the legislators. Information technology basically originated in the 16th century by the Heydon's case in the united kingdom, the master objective of this is to find out the mischief and defect of the previous statute which was in question and how the new statute will come up with the remedy that resolves the defect.
The main purpose of bringing the amendments in the statute is to add on additional areas or to make certain changes in the existing law and brand information technology wider where it covers many other circumstances. Legislating a new law is to resolve the problem which was unable to resolve through the other laws which were existing earlier. And this also helps in finding out the answers to those questions which were not answered in the previous law. So here nosotros can observe the retrospective effect in the process of making laws.
This rule is besides chosen as purposive construction as there is a purpose behind making this ruling. Hither court attempts to know the intention of the legislators for bringing in the alter in the police force. It also tries to clarify the mischief and the defect which was present in the previous police force which leads to the creation of the new law.
Heydon's Case
This instance helps us to know the 4 important points which we have to continue in mind while statute estimation.
- What was the common constabulary before the making of the act?
- What was the mischief or defect which the mutual police force did not provide?
- What remedy the Parliament had resolved by appointing to cure the illness of the commonwealth?
- What is the true reason behind the remedy? [9]
Thomas v. Lord Clan Morris
Here it was stated that interpretation of any statutory enactment should not only restrict them to the estimation of words and phrases used, only they should also await at the history of the act and the reasons behind passing such acts.
Bengal immunity co. V. Country of Bihar, 1955
In this case, they have practical the mischief rule in the construction of Article 286 of the constitution of India. Article 286 was in question considering earlier the implementation of this section every land had its own powers and privileges to brand its own laws regarding taxation. Simply the supreme court said that article 286 is made in order to regulate the interstate revenue enhancement organization and to maintain a well-organized taxation organization. And make the whole of Republic of india as 1 economic unit.
Hither Supreme Court has looked into the history of article 286 and also the reasoning behind it by considering both of it they take interpreted the statute by mischief dominion. [10]
Elliot V. Gray, 1960
Co-ordinate to the Road Traffic Act of 1930 uninsured cars are not immune to be driven or parked on the road. The defendant'southward car was parked on the road near the public place simply he was non using it.
The defendant was held guilty considering the parliament has passed a bill which states that people should insure their car only and so they can drive the car.
The mischief dominion was applied past the court by stating that the car being used in the road if in example the car causes an accident, insurance would exist required. The reason backside this was that people should exist compensated when they are injured past such incidents and danger caused to them by others.
Advantages:
- Law commission finds mischief dominion more efficient equally it opposed to Literal and Aureate rule.
- It avoids unjust and cool results in sentencing.
Disadvantages:
- It is considered as an outdated rule as information technology came into the picture in the 16th century.
- Gives excess ability to the judiciary who are unelected and information technology is considered undemocratic.
- This makes the police uncertain.
- In the 16th century, the kings used to give judiciary complete ability to draft laws so at that time they were well qualified virtually the mischief acts.
Harmonious Construction
This rule of estimation is adopted when there is a conflict between two or more statutes or between two provisions of the aforementioned statute. Every constabulary has a certain purpose set, so judges should accept those purposes into consideration and it should be read as a whole while interpreting. Judges should apply such provisions which are in accordance with the public interest. The laws which are applied must be consistent and shouldn't overlap with other existing laws. The courts should avoid using such laws which bring ambiguity to the field of study and makes courts inconsistent.
Sometimes it's impossible to harmonise between two provisions of the statute at that time the decision of the judges will prevail in a higher place everything. When there is "a head-on clash" between the provisions of law the judges should bring harmony and make justice to both the parties.
Supreme Court explained harmonious rule as to when the 2 provisions of the same legislation are inconsistent with each other, both the provisions must be interpreted in such a style where it gives equal importance to others. Here 1 provision will not override on other provision, information technology aims at harmonizing between conflicting provisions and avoids destruction one provision.
Supreme Court has laid down five principles of dominion of Harmonious Construction in the landmark case of CIT v. Hindustan Majority Carriers:
- The courts should avoid such provisions which are contradicting in nature and which brings the head-on clash between each other.
- The courts should interpret in such a fashion that brings harmony to the contradicting provisions.
- The provision of one department cannot defeat the other provision.
- When the court fails to bring harmony to both parties, information technology should at to the lowest degree interpret in such a manner where both the provisions are given effect equally much as possible.
- Courts should keep in mind that the estimation which reduces 1 provision to the dead is not harmonious, here harmonising doesn't hateful destroying. [11]
Ejusdem Generis
Ejusdem Generis means of the same kind. Generally, the words should exist given their natural meaning, unless information technology requires special meaning based on that context. When general words follow specific words that are distinct in nature, the general words should also exist given the specific meaning to it.
The courts will interpret such full general words follow specific words in a restricted way. Information technology will be based on the facts and circumstances of the case which may modify case to example. The legislative intent on principle of Ejusdem Generis is if the general words to exist used in the restricted sense that means those words will be having a special meaning to it or else why would they fifty-fifty use specific words.
For instance in an deed dealing with the slaughter of animals for nutrient for man consumption, the expressions used are "cows, goats, sheep, and other animals ".
Whether the post-obit animals are embrace:
- Cats and dogs
- Poultry
- Wild animals
- Horseflesh
Regina v. Edmundson, 1859
It was stated by Lord Campbell " Where there were full general words post-obit detail and specific words, the general words must be confined to things of the aforementioned kind as those specified. " by applying this it helps judges to restrict the wide ambit of the general expression.
In this case, information technology gave united states of america the basic requirements which should be present in the case in order to apply ejusdem generis:
- The statue should contain an enumeration of specific words.
- The general term should follow the specific term.
- In that location should be no different intent of the legislature to the general terms.
- The series of the enumeration should constitute a course or category.
- The class or category should not be exhausted by the enumeration of specific words.
Benign Construction
The general rule of the statute is that if a discussion used in the statute excludes certain cases in its common meaning, information technology should not be forced unnecessarily to include those cases. An exception to this rule is that when the main objective of the statute is not achieved by excluding those cases then the discussion may be interpreted on the basis of the instance requires.
This rule of estimation will benefit individuals. Whenever there is an ambivalence or when the which would accept the benefit away from the individual, so the meaning which prevails over the benefit to the individuals should be adopted.
The courts should be generous towards the persons to whom benefits are conferred by the statute. Here it involves the judges to give the widest significant to the statute in order to protect the interest of the parties, if y'all look into certain statutes the main purpose is to benefit and protect the interest of the person, for case, Industrial Disputes Act, Consumer Protection Act, Juvenile Justice Human action and all labour-related laws. Provision is capable of giving two meanings where ane would preserve the benefit and another.
Hindustan Level Ltd v Ashok Vishnu Kate
In this case, the courtroom held that in a example which is related to the prevention of unfair labour practices it should be made completely in accord with the labour point of view as they are benefitting people here and while interpreting Social Welfare Legislation also they should consider the benefitting people of the society. [12]
Noor Saba Khatoon v. Mohammad Quasium
The supreme court held that the rights of maintenance of children below ii years former and the mother under Department 125 of the code of civil procedure 1973 are independent of each other and whatsoever other and subsequent legislature regarding maintenance of children below 2 year and female parent that perhaps Muslim women (Protection of rights on Divorce) Act, 1986 could not bear upon the same in absence of clear provision to the result. [13]
Purposive Construction
It is the modern version of mischief dominion. It is actually more than flexible compared to literal dominion and gilded dominion which tends to concentrate more than on the meaning of private words or phrases. This looks for the purpose of the law. This rule allows judges to add or ignore any of the words in the statute while interpreting in order to protect the purpose of creating that law and give fair and equal justice to everyone.
This rule is always compared with the mischief dominion. As mischief rule looks into the gap betwixt the old and new law and how parliament came up with the new police and what are the new remedies brought out to resolve the problems which were exiting before, whereas the purposive structure rule is broader where it not only figure out the gap between the old and new laws just it too helps judges to make an effort to identify what parliament meant to achieve.
The days have passed past when judges used to utilize just strict rule where they interpret the law merely based on the meaning of the words used in the statute, but at present court seeks to give event to the purposive rule where it not but consider the words of the statute according to their meaning but also according to the context. 'Context' here doesn't hateful only 'linguistic context ', it takes into consideration the subject-matter, scope, purpose, and groundwork of the act.
Important features:
- Here judges do not go by the letter of the law, but they expect into the intention and the spirit of the statute.
- Legislative intention is a fictitious concept.
- The legislative intention with respect to a detail statute can be an intention of the majority of the parliamentarians.
- In mischief dominion, the courtroom resorts a detail human action intended to remedy but purposive construction looks into the overall intention of the parliament on the statute. In this way, purposive construction is wider than the mischief rule.
Regina V Barnet London Borough Council, Ex Parte Shah
In this case, there were 5 students who were immigrants came to London for the purpose of studies. They challenged the refusal to allow them grants for their teaching.
The court held that the House construed the expression 'ordinarily resident' in the 1962 and 1980 Acts. Long-standing authority on the meaning of the expression was referred to. The natural and ordinary meaning of ordinary residence had been settled by two tax cases. At to the lowest degree for educational purposes, 'ordinary residence' did not include a person whose residence in a particular place or state was unlawful. [fourteen]
Other Rules
Expressio Unius Est Exclusio Alterius
It is a Latin phrase that says 'Limited Mention and Implied Exclusion' that means express mention of one affair excludes all other things. Here information technology is considered that the items which are not on the listing are not covered past the statute. When something is expressly mentioned in the statute it leads to the presumption that the things which are not specified in the statute are excluded.
General words in a statute must receive a full general construction unless the statute is specifying whatsoever special significant to the general words. Whenever something is added in the statute information technology is added with the due consciousness. It is causeless that if something is non added in the statute in that location is a reason behind information technology, which is to exclude that from the detail statute.
Contemporanea Expositio Est Optima Et Fortissima in Lege
It is one of the best and the strongest way of interpretation. Every bit time passes by words used in the statute will undergo changes in their meaning merely when it is interpreted the word should behave its original and same meaning as the statute intended when information technology was passed.
The meaning of the law should be interpreted in the context when the law was formulated. Old statutes must be interpreted in such a way where that defines its purpose of introducing it. And it as well considers the prior usage and interest or of enforcing the act at the time when the law was enacted.
If the word is wrongly interpreted for all these years those kinds of words will not be eligible for estimation. The words can merely be interpreted past the court when the title of the property may be affected or when everyday transactions have been affected.
Noscitur a Soclis
Noscitur a soclis is a Latin term which means associated words, the meaning of unclear words or phrases is to be determined or interpreted on the footing of its context and the words and phrases surrounding information technology.
Associated words try to explicate the pregnant of the full general words and also limit the interpretation of specific or special terms. When a give-and-take used in a statute is ambiguous or vague, the meaning of such words volition be determined past looking associated words around it. These surrounded associate words will give clear and specific pregnant to it.
The importance of this rule is it aims to interpret by reading the whole statute. It doesn't emphasize i particular word only it tends to interpret the word by looking into its preceding and succeeding words. The words are understood in a cerebral sense and the intention of the legislatures tin can exist easily understood.
Aids in Estimation
Interpretation is the procedure of finding out the true essence of the enactment, by giving natural and ordinary meaning to the words of enactment. This helps in ascertaining the truthful meaning of the words used in a statute.
The main objective of the interpretation of statutes is to decide the intention of the legislature where the meanings of the words are expressly or impliedly mentioned. Courts sometimes interpret the statute In an arbitrary manner, so in order to overcome all these confusions, certain principles take evolved out of the continuous practise by the courts. These principles are chosen 'Rules of Interpretation'.
Rules of interpretation act as a tool in determining the meaning of the particular act which is mainly divided into two they are:
- External Aid: the external show derived from inapplicable circumstances, such as previous legislation and decided cases, etc.
- Internal Ais: the internal prove derived from the Act itself.
Internal Aids
Judges while interpreting a statute takes many things into consideration. Determining the primary meaning of the statutory words. And where there is ambivalence in the significant of the words in the statute. Answers to the many questions of ambiguity will be at that place in the statute itself. Those are called 'Internal Aids'.
Title of the Statute
- Long title
Every statute starts with the long title, information technology gives the description of the object of that Act.
For example, the long title of the Code of Civil Procedure, 1908, is – "An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature".
The long championship is used by the court to interpret sure provisions of the statute. Information technology helps in removing the ambiguity and confusion of the act and not in giving conclusive aid in interpreting the provisions of the statute.
Manohar Lal v. Country of Punjab
The long title of the Act is relied upon every bit a guide to decide the scope of the Act.
- Curt Title
Commonly, the short championship is used for the purpose of referring and identification of any Deed. it ends with the year of the passing of the Human activity. This is ane of the important part of the statute but its role in interpretation is very minimum.
For instance, Section ane of the Lawmaking of Civil Procedure, 1908, says –"This Act may be cited equally the Code of Civil Procedure, 1908. It shall come into forcefulness on the first day of January 1909."
- Preamble
The chief aim and objective of the deed is found in the preamble of the statute. All the Acts starts with the preamble, stating the reasons behind the enactment of the human action and the principal objective of the act.
For example, the Preamble of the Indian Penal Code, 1860, is "Whereas information technology is expedient to provide a full general Penal Code for India; it is enacted equally follows".
Kashi Prasad v. State
The courtroom held that even though the preamble cannot be used to defeat the enacting clause of a statute, it can be treated as a key for the interpretation of the statute.
- Heading and Title of a affiliate
Heading gives the cardinal to the interpretation of the clauses under it and helps to know what the intent of the provision. Headings might be treated as the preamble to the provision.
Durga Thathera v. Narain Thathera and Anr
The court held that the headings are like a preamble which helps as a fundamental to the mind of the legislature but does not control the substantive section of the enactment.
- Marginal Notes
Marginal notes are inserted at the side of the department and help to understand the event of the section. This cannot be used for interpretation of the section.
Wilkes 5. Goodwin
It was held that the side notes are not part of the Human activity and hence marginal notes cannot be referred.
- Definitional/Interpretation Clauses
Definition clause is used to define all the of import terms and to avoid the necessity of frequent repetitions in describing the same subject affair to which the word or expression defined is intended to utilize.
Definition clause of ane particular Act is applied merely on the item Human action, non on any other Acts.
- Illustrations
Illustrations are the examples given in the statutes for a better understanding of the department.
Mahesh Chandra Sharma 5. Raj Kumari Sharma
It was held that illustrations are parts of the Section and help to elucidate the principles of the section.
- Proviso
Proviso provides examples of specific cases. These specific examples are given to such cases where general words require special meaning for information technology.
- 'Exception' is intended to restrain the enacting clause to particular cases.
- 'Proviso' is used to remove the special cases of the full general enactment and give them special recognition.
- 'Saving Clause' is used to protect the devastation of certain rights, privileges and remedies already existing.
- Explanations
Explanations are added to the section to explain and elaborate on the pregnant of the words in the section. The purpose behind this explanation is to explicate, clarify, subtract or include something past elaboration. This forms an important part while interpreting the laws.
- Schedules
The schedule forms an important office of the statute. This should be read along with the section. It contains minute details which adds data to the provisions of the enactment. The expressions of the schedule cannot override the meaning of the provision.
- Punctuation
Punctuation is one of the small-scale element of the statue. It should be given importance but when in that location is proper punctuation used and when in that location is no incertitude about its significant.
External Aids
When internal aids that are preamble, explanation, illustrations, etc are inadequate for the purpose of interpretation, Judges may have external aids into consideration. When the words of the Human activity are clear and unambiguous, the external aids are not required.
- Historical Groundwork
This includes the original thought of drafting such an Human activity. The reason behind enacting such laws the cases which influenced the parliamentarians to bring out such laws. It as well includes the debates made during passing the laws. And the commencement-hand hand information collected while making the laws.
- Reference to Reports of Committees
The reports fabricated past the various committees during the enactment of the legislation tin can exist referred as it gives more clarity to the words and as well helps united states of america to understand the intention behind the act, by this, we can figure out what was the defect or mischief which was nowadays in the previous constabulary.
When parliament passes the enactment based on the committee study and at that place is any confusion or ambiguity in the terms of the statute that can exist easily antiseptic by referring that commission reports and it helps in the interpretation of the statute very efficiently.
Rosy and some other v. Land of Kerala and others
The Supreme Courtroom Considered Law Commission of India, 41st Report for estimation of section 200 (2) of the Code of Criminal Process, 1898.
- Judicial Decisions (Precedents)
Every enactment made past the parliament is based on some or other example, so past referring to the previously giving judgments past the college courts helps the states to analyse and grade laws. These judgements may be Indian judgements or strange judgements. Foreign decisions tin exist taken into consideration when other countries besides follow the same system of jurisprudence. But the priority should be given to the Indian judgements.
- Lexicon
When the meaning of the word is not clear in the statute, the meaning of those words can be figured by looking into the lexicon. And there are certain words which have a unlike legal definition and common English definition, so whenever nosotros are looking for the legal meaning of whatsoever give-and-take it is practiced to search that in the black dictionary.
- Social, Political and Economical and Scientific Developments
When the statute is being interpreted it should consider the present system in society. It should take into consideration the changes in the situations and circumstances which have occurred after the implementation of whatever human action. And most importantly the changes in the social atmospheric condition and the scientific changes in terms of engineering should be given at most importance. When courtroom starts doing this kind of interpretation this helps the legislature to bring out the new amendments for the statute.
- Other materials
Courts can as well refer to the books, journals, papers, articles which are published by the eminent scholars who are adept in that field.
Decision
The article covers all most all the tools of interpretation, by following these interpretations one can sympathise and analyse the statute in a better way. This besides helps legal fraternity to analyse newly enacted laws past the parliament and to find out the pros and cons of it. It is an extensive article covering nigh of the relevant topics, for further information yous can refer bibliography.
References
- https://indiankanoon.org/medico/1353950/
- https://indiankanoon.org/doctor/1301943/
- https://www.lawteacher.net/free-constabulary-essays/authoritative-law/critical-analysis-of-the-literal-golden-and-mischief-dominion-law-essay.php
- https://www.lawnn.com/pinnacle-20-landmark-judgements-interpretation-statute/
- https://indiankanoon.org/doctor/245892/
- https://indiankanoon.org/physician/1703356/
- https://world wide web.lawteacher.cyberspace/gratuitous-law-essays/administrative-constabulary/critical-analysis-of-the-literal-gold-and-mischief-dominion-law-essay.php
- https://indiankanoon.org/dr./1483657/
- https://www.lawteacher.internet/gratuitous-constabulary-essays/administrative-police force/critical-analysis-of-the-literal-golden-and-mischief-rule-police force-essay.php
- https://indiankanoon.org/medico/1629830/
eleven. https://indiankanoon.org/doc/688236/
- https://indiankanoon.org/doc/1353651/
- https://indiankanoon.org/doc/1512218/
- https://swarb.co.uk/regina-five-barnet-london-borough-council-ex-parte-shah-hl-16-dec-1982/
- https://www.lawnn.com/top-20-landmark-judgements-interpretation-statute/
- https://www.icsi.edu/media/webmodules/Jurisprudence%20Interpretation%20and%20General%20Laws.pdf
- https://www.latestlaws.com/articles/all-almost-interpretation-of-statutes-past-nishita-kapoor/
- https://www.lawctopus.com/academike/golden-rule-interpretation/
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