Interpretation of Statutes

INTRODUCTION

“the essence of law lies in the spirit, not 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."

Interpretation is as old as language. Elaborate rules of interpretation were evolved even at a very early stage of the Hindu civilization and culture. The importance of avoiding literal interpretation was also stressed in various ancient text books – “Merely following the texts of the law, decisions are not to be rendered, for, if such decisions are wanting in equity, a gross failure of Dharma is caused.”

Interpretation thus is a familiar process of considerable significance. In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of law. The process of statute making and the process of interpretation of statutes are two distinct activities.

In the process of interpretation, several aids are used. They may be statutory or nonstatutory. Statutory aids may be illustrated by the General Clauses Act, 1897 and by specific definitions contained in individuals Acts whereas non-statutory aids is illustrated by common law rules of interpretation (including certain presumptions relating to interpretation) and also by case-laws relating to the interpretation of statutes. Lord Denning in Seaford Court Estates Ltd. Vs Asher, “English Knowledge is not an instrument of mathematical precision… It would certainly save the judges from the trouble if the acts of parliament were drafted with divine precision and perfect clarity. In the absence of it, when a defect appears, a judge cannot simply fold hand and blame the draftsman…”

It is not within the human powers to foresee the manifold permutations and combinations that may arise in the actual implementation of the act and also to provide for each one of them in terms free from all ambiguities. Hence interpretation of statutes becomes an ongoing exercise as newer facts and conditions continue to arise.

MEANING AND CLASSIFICATION OF STATUTES

A Statute is a formal written enactment of a legislative authority that governs a country, state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from the judicial decisions of the common law and the regulations issued by Government agencies. - [Black, Henry Campbell (1990). Black's Law Dictionary, Sixth Edition]

A statute is a will of legislature conveyed in the form of text. The Constitution of India does not use the term ‘Statute’ but it uses the term ‘law’. ‘Law’ includes any ordinance, order, bye-law, rule, regulation, notification, custom or usage having the force of law. [Article 13 (3) (a) of the constitution].

Therefore, a Statute is the will of the legislature and Indian Statute is an Act of the Central or State Legislature. Statutes include Acts passed by the Imperial or Provincial Legislature in Pre-Independence days as well as Regulations. Statutes generally refer to the laws and regulations of every sort, every provision of law which permits or prohibit anything.

A Statute may generally be classified with reference to its duration, nature of operation, object and extent of application.

On the basis of duration, statutes are classified as either Perpetual or Temporary. It is a Perpetual Statute when no time is fixed for its duration and such statute remains in force until its repeal, which may be express or implied. It is perpetual in the sense that it is not obligated by efflux of time or by non-user. A Temporary statute is one where its duration is only for a specified time and it expires on the expiry of the specified time unless it is repealed earlier. The duration of temporary Statute may be extended by fresh Statute or by exercise of power conferred under the original statute. The expired statute may be revived by re-enacting it in similar terms or by enacting a statute expressly saying that the expired Act is herewith revived.

Types of classifications of Statutes may be elaborated as follows-

A. Classification with reference to basis of Duration

(i) Perpetual statutes - It is perpetual when no time is fixed for its duration and such a statute remains in force until its repeal which may be express or implied.

(ii) Temporary statutes - A statute is temporary when its duration is only for a specified time and it expires on the expiry of the specified time unless it is repealed earlier.

B. Classification with reference to Nature of Operation

(i) Prospective statutes – A statute which operates upon acts and transactions which have not occurred when the statutes takes effect, that is which regulates the future is a Prospective statute.

(ii) Retrospective statutes – Every statute takes away or impairs vested rights acquired under the existing laws or creates a new obligation into a new duty or attaches a new disability in respect of transactions or considerations already passed are deemed retrospective or retroactive statute.

(iii) Directory statutes – A directory statute is generally affirmative in its terms, recommends a certain act or omissions, but imposes no penalty on non-observance of its provisions.

(iv) Mandatory statutes – A Mandatory statute is one which compels performance of certain acts and directs that a certain thing must be done in a certain manner or form.

A type of Mandatory Statute is the Imperative Statute. Imperative Statutes are often negative or prohibitory in its terms and makes certain acts or omissions absolutely necessary and subjects a contravention of its provision to a penalty.

When the statute is passed for the purposes of enabling something to be done and prescribes the formalities which are to attend its performance, those prescribed formalities which are essential to the validity of the things which are done are called imperative or absolute, but those which are not essential and may be disregarded without invalidating the things to be done are called directory statutes. Imperative Statutes must be strictly observed. Directory Statute may be substantially complied with.

To read the full article: Click Here