lOMoARcPSD|16248954
Subject: Interpretation of statutes
Semester: seventh semester
Compilation date: 2 2 November, 2 0 0 5 to 5 th December, 2005.
Author: J.Vasanth Adithya
E-mail:
Preface
, 16248954lOMoARcPSD|
This is a compilation of notes and lectures on the subject titled
“INTERPRETATION OF STATUTES”. It is a ready-to-use gist for law
students and the primary objective of this gist is to enable the reader
to understand the in-depths of the subject and to provide exam
oriented information.
This has been a new initiative from G O O D W O R D and we hope that it
will definitely be of some use to law students and to others who are
interested in this subject.
Suggestions and additions to the compilation are welcomed.
Wishing you all the best!
J.Vasanth Adithya
Author
CO N TENTS
, lOMoARcPSD|16248954
1. General principles of interpretation.
2. Internal Aid to Interpretation.
3. Amending, Consolidating and Codifying Statutes.
4. Interpretation of Fiscal Statutes.
5. Interpretation of the Constitution.
6. Legal Fiction.
7. Statutes affecting the crown of the State.
8. External Aid to Interpretation of Statutes.
9. Beneficial Construction.
10.Presumption affecting the jurisdiction of the Court.
11.Operation of a statute.
12.Mandatory and Directory Statues.
13.Interpretation of Penal Statutes.
14.The General Clauses Act, 1897- Effect of repeal.
Short notes.
CHAPTER 1
G E N E R A L P R I N C I P L E S O F I N TERP RETAT I ON
Introduction
, lOMoARcPSD|16248954
The term interpretation means “To give meaning to”. Governmental
power has been divided into three wings namely the legislature, the
executive and the judiciary. Interpretation of statues to render justice is
the primary function of the judiciary. It is the duty of the Court to
interpret the Act and give meaning to each word of the Statute.
The most common rule of interpretation is that every part of the
statute must be understood in a harmonious manner by reading and
construing every part of it together.
The maxim “A Verbis legis non est recedendum” means that you must
not vary the words of the statute while interpreting it.
The object of interpretation of statutes is to determine the intention of
the legislature conveyed expressly or impliedly in the language used.
In Santi swarup Sarkar v pradeep kumar sarkar, the Supreme Court
held that if two interpretations are possible of the sa me statute, the
one which validates the statute must be preferred.
Kinds of Interpretation
There are generally two kind of interpretation; literal interpretation and
logical interpretation.
Subject: Interpretation of statutes
Semester: seventh semester
Compilation date: 2 2 November, 2 0 0 5 to 5 th December, 2005.
Author: J.Vasanth Adithya
E-mail:
Preface
, 16248954lOMoARcPSD|
This is a compilation of notes and lectures on the subject titled
“INTERPRETATION OF STATUTES”. It is a ready-to-use gist for law
students and the primary objective of this gist is to enable the reader
to understand the in-depths of the subject and to provide exam
oriented information.
This has been a new initiative from G O O D W O R D and we hope that it
will definitely be of some use to law students and to others who are
interested in this subject.
Suggestions and additions to the compilation are welcomed.
Wishing you all the best!
J.Vasanth Adithya
Author
CO N TENTS
, lOMoARcPSD|16248954
1. General principles of interpretation.
2. Internal Aid to Interpretation.
3. Amending, Consolidating and Codifying Statutes.
4. Interpretation of Fiscal Statutes.
5. Interpretation of the Constitution.
6. Legal Fiction.
7. Statutes affecting the crown of the State.
8. External Aid to Interpretation of Statutes.
9. Beneficial Construction.
10.Presumption affecting the jurisdiction of the Court.
11.Operation of a statute.
12.Mandatory and Directory Statues.
13.Interpretation of Penal Statutes.
14.The General Clauses Act, 1897- Effect of repeal.
Short notes.
CHAPTER 1
G E N E R A L P R I N C I P L E S O F I N TERP RETAT I ON
Introduction
, lOMoARcPSD|16248954
The term interpretation means “To give meaning to”. Governmental
power has been divided into three wings namely the legislature, the
executive and the judiciary. Interpretation of statues to render justice is
the primary function of the judiciary. It is the duty of the Court to
interpret the Act and give meaning to each word of the Statute.
The most common rule of interpretation is that every part of the
statute must be understood in a harmonious manner by reading and
construing every part of it together.
The maxim “A Verbis legis non est recedendum” means that you must
not vary the words of the statute while interpreting it.
The object of interpretation of statutes is to determine the intention of
the legislature conveyed expressly or impliedly in the language used.
In Santi swarup Sarkar v pradeep kumar sarkar, the Supreme Court
held that if two interpretations are possible of the sa me statute, the
one which validates the statute must be preferred.
Kinds of Interpretation
There are generally two kind of interpretation; literal interpretation and
logical interpretation.
