Interpretation of Statute – General Theories and Primary Unit-2 IOs.pptx

IOS-GENERAL THEORIES

1. Interpretation of Statute – General Theories and Primary Rules Kamlesh Singh

2. What is Statutory Interpretation? Definition: The process of understanding and giving meaning to the provisions of a law. Why it matters: Laws are often broad and need to be applied to specific cases. Key Point: It helps determine the legislative intent behind laws.

3. Principles of Statutory Interpretation Who interprets?: Courts, judges, and legal professionals. Objective : Clarify ambiguous or vague provisions. Approaches: Textualism (literal meaning) Purposivism (legislative intent)

4. Literal Rule of Interpretation In General Definition: "What law says rather than what law means. Key Features: Assigns words their natural and precise meaning. No additions or substitutions allowed. Contextual meaning matters. Example: Tata Consultancy Services v. State of A.P. (2005 Limitation to the Literal Rule Key Issues: Words may shift in meaning. Can lead to inflexible outcomes. Assumes words have a fixed meaning. Case Example: Harshad Mehta v. State of Maharashtra (2001)

5. Mischief Rule of Interpretation In General Origin: Heydon's Case (1584) Key Focus: Identify the "mischief" the statute intended to remedy. Four Considerations: What was the common law before the statute? What was the mischief in the law? What remedy was intended? What was the reason for the remedy? Criticism of the Mischief rule Introduces judicial uncertainty. Gives judges excessive power. Seen as undemocratic in modern law.

6. Golden Rule of Interpretation Purpose: To resolve ambiguities in grammatical construction. When to Apply: When literal interpretation leads to absurdity or injustice. Example: State of Punjab v. Quiser Jehan Begum (1963)

7. Subsidiary Rules of Interpretation Statute Must Be Read as a Whole: Harmonious Construction. Ut Res Magis Valeat Quam Pereat : Maximize the effect rather than nullifying it. Omission Not to Be Inferred: The courts avoid implying omissions.