Introduction to Statutory Interpretation

Question 1

Salmond’ definition of Statutory Interpretation

Answer 1

Statutory definition is the process by which Courts seek to ascertain the meaning of the legislature through the medium of the authoritative form in which it is expressed.

Question 2

Why do only courts have the authority to interpret statutes? Why can the courts not consult the legislature on the meaning of statutes?

Answer 2

Once the legislature passes a statute it becomes functus officio. It cannot interpret it after the process. The legislature can only amend or repeat the statute, for which it has to go through the legislative process. Thi

Question 3

What is a statute?

Answer 3

According to Black’s law dictionary, A statute is a formal written rule written by the legislative authority. Statutes are the primary sources of law in most legal systems

Question 4

Statutes in India

Answer 4

In India, the term “law” is used instead of statute. The term includes Ordinance, Orders, By Laws, Rules, Regulations, Notifications, Customs or practices that have the power of law within India

Question 5

Types of statutes on the basis of duration

Answer 5

Temporary - Duration of validity and effect is mentioned such as the Finance Acts.
Permanent - No duration, only expire upon amendment.

Question 6

Types of statutes based on function

Answer 6

Substantive & procedural

Question 7

Types of statute based on object

Answer 7

Codifying
Consolidating
Declaratory
Remedial
Explanatory
Amending
Repealing

Question 8

What is a codifying statute

Answer 8

Legislative enactment relating to a particular field of law combining into a organised and unified code.

Object
- To provide legal stability by a centralised and easily available reference for practitioners and judges.
- To enhance legal clarity, reduce ambiguity
- To create an authoritative statute for interpretation

Question 9

What is a Consolidating Statute

Answer 9

• Brings all statutory enactments related to a particular subject into a single law.
• It brings together existing statutory provisions on the subject
• It enhances Legal certainty, providing a clear understanding regarding particular area of law
  Eg: Insolvency and Bankruptcy code

Question 10

Declaratory Statute

Answer 10

A declaratory act is passed to clarify the correct meaning of a word when courts have interpreted it differently than the legislature intended.
The presumption against retrospectivity is not applicable
Mere use of the phrase “it is hereby declared” does not automatically make a statute a declaratory statute.
A declaratory statute typically contains a preamble and uses terms like “declared” and “enacted” to signal its intent

Question 11

Remedial Statute

Answer 11

A remedial statute is a kind of law that offers new help or a new solution.
Its main purpose is to improve how rights are protected and address problems or errors in the old law.
Eg: Maternity Benefits Act of 1961 and the Workmen’s Compensation Act of 1923

Question 12

Explanatory Statute

Answer 12

• Provides clarification or interpretation of specific terms or provisions in existing laws
• Aim is to remove doubts or ambiguities,
• It Serves as guides for the proper interpretation of certain provisions.
  Examples: Notifications and Circulars

Question 13

Amending statutes

Answer 13

It focus on altering or updating existing legislation.
It is essential in adjusting laws to new situations, fixing flaws, or bringing them into line with the demands of the times.
Such new legislation are prospective in operation, unless it is made retrospective expressly or by necessary implication

Question 14

Repealing statute

Answer 14

1. Cancels out an earlier law
2. Can do so explicitly or implicitly.
3. Doctrine of Implied repeal
   if an Act of the Parliament is in conflict with an earlier Act, the latter is deemed to have repealed the earlier one

Question 15

Construction vs. Interpretation

Answer 15

Interpretation is the practice of ascertaining the meaning of an authoritative statute. Construction is the practice of applying legal principles to situations. Construction gives effect to the intent of the law

Question 16

Why do courts need to interpret statutes?

Answer 16

• Limitation of language: Not scientific, does not have definite meaning
• Impossibility of precision: impossible to forecast certain applications
• Perfect draftsman does not exist

Question 17

The Cardinal Principle of Construction

Answer 17

[case] The words of the act are to be read in consonance with the context of the act in their grammatical and ordinary sense, harmonious with the scheme and object of the act and the intent of the legislation

Question 18

Jugal Kishore case (Do tomorrow!)

Question 19

Regarding intent of legislation

Answer 19

In Kesavananda Bharati the Supreme Court held that while interpreting a provision in a statute or constitution the primary duty of the court is to ascertain legislative intent.

A Statute is to be constructed according to the intent of those who makes it and the duty of judicature is to act upon the true intention of Legislature. [RMD Chamarbaugwala v. UOI]

Question 20

Rules of ascertaining legislative intent

Answer 20

• The intention of the legislature must be gathered from the language used by it and the court must not speculate.
• Where there is any ambiguity in the provision, and legislative intent may not be found from the words, then the court may recourse to internal or external aid.