Interpretation Of Statutes

Question 1

Document, Indian evidence act, 1872

Answer 1

Sec 3 of Indian evidence act, 1872,

Document means any matter

Expressed or described upon any substance

By means of letters, figures or marks or by more than one of those means,

intended to be used or which maybe used

For purpose of recording that matter

Question 2

Instrument

Answer 2

In common parlance, ‘instrument’ means a formal legal document which

creates or confirms a right or records a fact.

It is a formal writing of any such kind, such as an agreement, deed, charter or record, drawn up and executed in a technical form. It also means a formal legal document having legal effect, either as creating liability or as affording evidence of it.

Sec 2(14) of Indian Stamp act, 1899 states that instrument includes every document by which any right or liability is or purports to be created, transferred, extended, extinguished or recorded

Question 3

Interpretation

Answer 3

It is the art of ascertaining the meaning of words and the true sense in which the author intended that they should be understood

Where the court adheres to the plain meaning of the language used by the legislature, it would be ‘interpretation’ of the words

The main function of interpretation is to find out the simple and real meaning of the legal text, it doesnot go beyond the letter of law.

Question 4

Construction

Answer 4

Construction is the drawing of conclusions from a statute that lie beyond the direct expression of the words used therein

Where the meaning is not plain, the court has to decide whether the wording was meant to cover the situation before the court in such case the court would be resorting to ‘Construction’

Conclusions drawn by means of Construction are within the spirit though not necessarily within the letter of the law

Question 5

Grammatical interpretation and logical interpretation

Answer 5

In order to ascertain the meaning of any law / statute the principles of grammatical and logical interpretation is applied to conclude the real meaning of the law and the intention of the legislature behind enacting it

Grammatical interpretation concerns itself exclusively with the verbal expression of law. It does not go beyond the letter of the law, whereas logical interpretation on the other hand, seeks more satisfactory evidence the true intention of the legislature.

(In all ordinary cases, ‘grammatical interpretation’ is the sole form allowable. The court cannot take from or add to modify the letter of the law)

Question 6

Duties of court for ‘Grammatical & logical interpretation’

Answer 6

1. Where the letter of the law is logically defective on account of ambiguity, inconsistency or incompleteness. As regard the defect to ambiguity, the court is under a duty to travel beyond the letters of the law so as to determine from the other sources the true intention of the legislature. In the case of the statutory expression being defective on account of inconsistency, the court must ascertain the spirit of the law.
2. If the text leads to a result which is so unreasonable that it is self evident that the legislature could not mean what it says, the court may resolve such impasse by interfering logically the intention of the legislature

Question 7

Natural & grammatical meaning

Answer 7

Statute are to be first understood in their natural, ordinary or popular sense and must be construed according to their plain, literal and grammatical meaning. If there is an inconsistency with any express intention or declared purpose of statute, or it involves any absurdity, repugnancy, inconsistency, the grammatical sense must then be modified, extended or abridgd only to avoid such an inconvenience, but no further

Question 8

Narrower vs broader interpretation

Answer 8

Sometimes, occasions may arise when a choice has to be made between two interpretations. One narrower and other wider or broader. In such a situation, if the narrower interpretation would fail to achieve the manifest purpose of the legislation, one should rather adopt the wider one

Question 9

Technical vs popular meaning

Answer 9

The word of everyday use must be understood in its popular sense by which people are conversant with it as also the meaning which the statute dealing with the matter would attribute to it. However technical words are to be understood in technical sense

Question 10

Meaning of rule Harmonious construction

Answer 10

When there is a doubt about meaning of the words of a statute these should be understood in the sense in which they harmonize with the subject of the enactment and the object which the legislature had in view

Question 11

Rule of Harmonious construction

Answer 11

Where there is an enactment two or more provisions which cannot be reconciled with each other, they should be so interpreted, wherever possible, as to give effect to all of them. This is what is known as the rule of Harmonious construction

Court duty:

It must always be borne in mind that is statute is passed as a whole and not in sections and it may well be assumed to be animated by one general purpose and intent. The court’s duty is to give effect to all the parts of the stature, if possible. But his general principle is meant to guide the courts in furthering the intent of the legislature, not overriding it.

Question 12

Application of the rule of Harmonious construction

Answer 12

It is applicable only even there is a real and not merely apparent conflict between the provisions of an act, and one of them has not been made subject to ghe order. When after having construed their context the words are capable of only a single meaning, the rule of Harmonious construction disappears and is replaced by the rule of literal construction

Question 13

Mischieve rule (Heydon’s case)

Answer 13

Where the language used in a statute is capable of more than one interpretation, principle laid down in the Heydon’s case is followed. This is known as purpose construction or mischieve rule. The rule then directs that the courts must adopt that construction which ‘shall suppress the mischief and advance the remedy’

It has been emphasized by Supreme Court that the rule in Heydon’s case is applicable only when the words used are ambiguous and are reasonably capable of more than one meaning

Question 14

Four matters of mischieve rule

Answer 14

1. What was the law before making of thie act
2. What was the mischief or defect for which the law did not provide
3. What is the remedy that the act has provided, and
4. What is the reason for the remedy

Question 15

Mandatory provision vs Directory provision

Answer 15

Practically speaking, the distinction between a provision which is mandatory and the one which is directory is that ,

when it is Mandatory, it must be strictly observed

When it is directory, it would be sufficient that it is substantially compiled with

However, we have to look to the substance and not merely the form, an enactment in mandatory form might substantially be directory and, conversely, a statute in directory form might substantially be mandatory

Question 16

Factors that decide if a provision is directory or mandatory

Answer 16

It is the substance that counts and must take precedence over mere form. If a provision gives a power coupled with a duty, it is mandatory. Whether it is or it is not so would depend on such consideration as:

1. The nature of the thing empowered to be done
2. The object for which it is done
3. The person for whose benefit the power is to be exercised

Question 17

Noscitur A Sociis

Answer 17

When two or more words which are capable of analogous (similar/ parallel) meaning are coupled together, they are to be understood in their cognate sense (ie. akin in origin, nature or quality). They take, as it were; their colour from each other, ie, the more general is restricted to a sense analogous to the less general.

It is a rule wider than the rule of ejusdem generis, rather ejusdem generis is only an application of the noscitur a sociis.

It must be borne in mind that nocítur a sociis, is merely a rule of construction and it cannot prevail in cases where it is clear that the wider words have been deliberately used in order to make the scope of the defined word correspondingly wider.

Question 18

Effect of usage

Answer 18

Usage or practice developed under the statute is indicative of the meaning recognized to its words by contemporary opinion. A uniform notorious practice continued under an old statute and inaction of the Legislature to amend the same are important factors to show that the practice so followed was based on correct understanding of the law. When the usage or practice receives judicial or legislative approval it gains additional weight.

In this connection, we have to bear in mind two Latin maxims:

(1) Optima Leguminterpresest consuetude (the custom is the best interpreter of the law); and

(ii) ContemporaneaExpositioest optima et fortissinia in lege’ (the best way to interpret a document is to read it as it would have been read when made).

Question 19

Optima Leguminterpresest consuetude
+
ContemporaneaExpositioest optima et fortissinia in lege

Answer 19

Therefore, the best interpretation/construction of a statute or any other document is that which has been made by the contemporary authority.

Simply stated, old statutes and documents should be interpreted as they would have been at the time when they were enacted/written. as would have be

Contemporary official statements throwing light on the construction of a statute and statutory instruments made under it have been used as contemporaneaexpositio to interpret not only ancient but even recent statutes in India.

Question 20

Title

Answer 20

An enactment would have what is known as Short Title and also a Long Title. The short title merely identifies the enactment and is chosen merely for convenience. The ‘Long title’ describes the enactment and does not merely identify it. The Long title is a part of the Act and, therefore, can be referred to for ascertaining the object and scope of the Act.

Question 21

Preamble

Answer 21

It expresses the scope and object of the Act more comprehensively than the long title. The preamble may recite the ground and the cause for making a statute and or the evil which is sought to the remedied by it.

The preamble like the Long title can legitimately be used for construing it. However, the preamble cannot over ride the provisions of the Act. Only if the wording of the Act gives rise to debts as to itsproper construction (e.g., where the words or a phrase has more than the one meaning and doubts arise as to which of the two meanings is intended in the Act) the preamble can and ought to be ( referred to arrive at the proper construction,

Question 22

Marginal notes

Answer 22

Marginal Notes in an Indian statute, as in an Act, of Parliamentcannot be referred to for the purpose of construing the statute”, and the same view has been taken in many other cases. Many cases show that reference to marginal notes may be permissible in exceptional cases for construing a section in a statute.

However, marginal notes appended to Articles of the Constitution have been held to be part of the Constitution as passed by the Constituent Assembly and therefore have been made use of in construing the Articles. Example: Article 286 of the constitution furnishing “prima facie”, some clue as to the meaning and purpose of the Article.

Question 23

Interpretation of ‘means’ and ‘includes’

Answer 23

Interpretation of the words “Means” and “Includes” in the definitions- The definition of a word or expression in the definition section may either be restricting of its ordinary meaning or may be extensive of the same. When a word is defined to ‘mean’ such and such, the definition is ‘prima facie restrictive and exhaustive, we must restrict the meaning of the word to that given in the definition section.

But where the word is defined to ‘include such and such, the definition is ‘prima facie extensive, here the word defined is not restricted to the meaning assigned to it but has extensive meaning which also

includes the meaning assigned to it in the definition section.

Question 24

Proviso

Answer 24

The normal function of a proviso is to except something out of the enactment or to qualify something stated in the enactment which would be within its purview if the proviso were not there. The effect of the proviso is to qualify the preceding enactment which is expressed in terms which are too general. As a general rule, a proviso is added to an enactment to qualify or create an exception to what is in the enactment. Ordinarily a proviso is not interpreted as stating a general rule. It is a cardinal rule of interpretation that a proviso to a particular provision of 4 statute only embraces the field which is covered by the main provision.

Question 25

Explanation

Answer 25

An Explanation is at times appended to a section to explain the meaning of the text of the section. An Explanation may be added to include something within the section or to exclude something from it. An Explanation should normally be so read as to harmonise with and clear up any ambiguity in the main section. It should not be so construed as to widen the ambit of the section. The meaning to be given to an explanation will really depend upon its terms & not on any theory of its purpose.

Question 26

Read the statute as whole

Answer 26

Read the Statute as a Whole: It is the elementary principle that construction of a statute is to be made of all its parts taken together and not of one part only. The deed/ statute must be read as a whole in order to ascertain the true meaning of its several clauses, and the words of each clause should be so interpreted as to bring them into harmony with other provisions- if that interpretation does no violence to the meaning of which they are naturally susceptible. And the same approach would apply with equal force with regard to Acts and Rutes passed by the legislature.

One of the safest guides to the construction of sweeping general words is to examine other words of like import in the same enactment or instrument to see what limitations must be imposed on them. If we find that a number of such expressions have to be subjected to limitations and qualifications and that such limitations and qualifications are of the same nature, that circumstance forms a strong argument for subjecting the expression in dispute to a similar limitation and qualification.

Question 27

External aids

Answer 27

External aids are the factors that help in interpreting/construing an Act and have been given the convenient nomenclature of ‘External Aids to Interpretation. Apart from the statute itself there are many matters which may be taken into account when the statute is ambiguous called external aids.

Question 28

Dictionary Definitions as an external aid

Answer 28

Where we find that a word is not defined in the Act itself, we may refer to

dictionaries to find out the general sense in which that word is commonly understood. However, in

selecting one out of the several meanings of a word, we must always take into consideration the context in which it is used in the Act.

It is the fundamental rule that the meanings of words and expressions used in an Act must take their colour from the context in which they appear. Further, judicial decisions laying down the meaning of words in construing statutes in parimateria will have greater weight than the meaning furnished by dictionaries. However, for technical terms, reference may be made to technical dictionaries.

Question 29

Use of foreign decisions

Answer 29

Foreign decisions of countries following the same system of jurisprudence as ours and given on laws similar to ours can be legitimately used for construing our own Acts. However, prime importance is always to be given to the language of the Indian statute. Further, where guidance can be obtained from Indian decisions, reference to foreign decisions may become unnecessary.

Question 30

Rules of interpretation of deeds and documents

Answer 30

The rules regarding interpretation of deeds and documents are as follows:

First and the foremost point that has to be borne in mind is that one has to find out what reasonable man, who has taken care to inform himself of the surrounding circumstances of a deed or a document, and of its scope and intendments, would understand by the words used in that deed or document. It is inexpedient to construe the terms of one deed by reference to the terms of another. Further, it is well established that the same word cannot have two different meanings in the same documents, unless the context compels the adoption of such a rule.

The Golden Rule is to ascertain the intention of the parties of the instrument after considering all the words in the documents/deed concerned in their ordinary, natural sense. For this purpose, the relevant portions of the document have to be considered as a whole. The circumstances in which the particular words have been used have also to be taken into account. Very often, the status and training of the parties using the words have also to be taken into account as the same words maybe used by an ordinary person in one sense and by a trained person or a specialist in quite another sense and a special sense. It has also to be considered that very many words are used in more than one sense. It may happen that the same word understood in one sense will give effect to all the clauses in the deed while taken in another sense might render one or more of the clauses ineffective. In such a case the word should be understood in the former and not in the latter sense.

It may also happen that there is a conflict between two or more clauses of the same documents. An effect must be made to resolve the conflict by interpreting the clauses so that all the clauses are given effect. If, however, it is not possible to give effect of all of them, then it is the earlier clause that will override the latter one.

Question 31

Applicability of rule of Ejusdem Generis

Answer 31

The term ejusdem generis means of the same kind or species. Simply stated, the rule is as follows Where specific words pertaining to a class or category or genus are followed by general words, the general words shall be construed as limited to the things of the same kind as those specified.

This rule applies when

1. The statute contains an enumeration of specific words
2. The subject of enumeration constitutes a class or category:
3. That class or category is not exhausted by the enumeration

4- General terms follow the enumeration; and

5. There is no indication of a different legislative intent.

Question 32

Non- Applicability of rule of Ejusdem Generis

Answer 32

The rule of ejusdem generis is not an absolute rule of law but only a part of a wider principle of construction and therefore this rule has no application where the intention of the legislature is clear.

Exceptions:

1. If the preceding term is general, as well as that which follows this rule cannot be applied.
2. Where the particular words exhaust the whole genus.
3. Where the specific objects enumerated are essentially diverse in character.
4. Where there is an express intention of legislature that the general term shall not be read ejusdem generis the specific terms.

Question 33

Ambiguous definitions

Answer 33

Sometime we may find that the definition section may itself be ambiguous, & so it may have to be interpreted in the light of the other provisions of the Act & having regard to the ordinary meaning of the word defined. Such type of definition is not to be read in isolation. It must be read in the context of the phrase which it defines, realising that the function of a definition is to give accuracy & certainty to a word or phrase which would otherwise be vague & uncertain but not to contradict it or depose it altogether.