Principles of legislation and Interpretation of statutes

Interpretation of Statutes
Dr. Shobhna Jeet
School of Legal Studies (SOLS)
K. R. Managalam University
Program: BALLB(H), BBALLB (H), BCOMLLB (H), LLB(H)
Dr. Shobhna Jeet (KRMU) IOS June 6, 2024

Course Coordinator
Dr. Shobhna Jeet IOS
Dr. Shobhna Jeet
Phd. LL.M (UGC NET)
Associate Professor
School of Legal Studies
KR Mangalam University

Contact your Course Coordinator
• Email-
S h o b h n a . j e e t @ k r ma n g a l a m. e d u . i n
• WhatsApp – 9870338324
Dr. Shobhna Jeet (KRMU) IOS

Course Objectives
1 To provide knowledge of the principles and process of statutory interpretation
2 To explain the concept of impacting on approaches to statutory interpretation and its
application in professional practice.
3 To understand the statutory interpretation while working collaboratively.
4. To make the students know about legal research principles and methods in
interpreting legal instruments.

Course Outcomes
CO1 The students will be able to understand principles and process of statutory
interpretation.
CO2 The students will have the knowledge of approaches to statutory interpretation and its
application in professional practice.
CO3 The students will have an understanding of statutory interpretation while working
collaboratively.
CO4 The students will know the legal research principles and methods in interpreting legal
instruments.

CourseOverview
Unit-1
Interpretation and Statute: Meaning Classification, Rule of Construction
Unit-2
Internal Aid, External Aid Interpretation of Mandatory and Directory Provisions,
Interpretation of Penal Statutes
Unit-3
Interpretation of Indian Constitution
Unit-4
Theoryof Utilitarianism
Dr.Shobhna Jeet (KRMU) IOS

Lecture Details
Lecture Timings:-
Day of the
Week
Timings Class
Room
Theory Lectures

Assignments
All assignmentsmust be submitted electronically via
LMS.
Moodle - the course portal.
You can access the portal here.
Assignmentdue dates will be specified with each
task.
Late submissionsmay incur penalties accordingto the
course policy.
Dr. Shobhna Jeet IOS May 24 2024

Evaluation SchemeI
Evaluation Scheme
Evaluation
Component
Duration Assessment
Tool
Weightage
(%)
Continuous As-
sessment
Semester Quiz/Assignment/
Presentation
/ Extempore
20
Attendance Semester Class Attendance 10
Mid Term Exami-
nation
60 Minutes Written Exam 20
End Term Exami-
nation
180 Min-
utes
Written Exam 50
TOTAL 100
Dr. Shobhna Jeet(KRMU) IOS

EvaluationSchemeII
Evaluation Scheme
Performance Evaluation
Component
Duration Weightage
(%)
Internal Attendance
Continuous
As
- sessment
Mini Project
Semester
Semester
Semester
10
20
20
External Attendance
Continuous
As
- sessment
Semester
Semester
10
20
TOTAL 100

ReferenceMaterial: Books
Text Books:
G.P. Singh, Principles of Statutory, Interpretation
Maxwell Interpretation of Statites
Reference Books: NS Bindra

ReferenceMaterial: OnlineResources
1. http://www.legalserviceindia.com/articles/case.html
2. http://openscholarship.wustl.edu/cgi/viewcontent.cgi?article=1002&
context=law_jurisprudence ;
3. http://www.angelfire.com/md2/timewarp/bentham.html
4. http://www.econlib.org/library/Bentham/bnthPML5.html
5. http://faculty.msj.edu/whiter/utility.htm

Unit-1
IOS
Interpretation and Statute: Meaning Classification, Rule
of Construction

Unit-1
Unit-1:Interpretation of Statute: Meaning Classification, Rule
of Construction
Session Goal:(SG)
To know about Interpretation of Statute: Meaning Classification, Rule of
Construction
Learning Goal (LG)1:To read aboutInterpretation, Construction, and
statutes.
LearningGoal (LG)2: To read aboutthe classificationof statutes
Learning Goal 3(LG): To read the rule of construction
Dr. Shobhna Jeet (KRMU) IOS

Unit-1
Session-1
S G: To know about Interpretation of Statute: Meaning
LG: To read aboutInterpretation, Construction, and statutes.
Dr. Megha Garg (KRMU) LOE

Unit-1
Basic Terminologies: Statute
To the common man the terms ‘Statute’ generally means the laws and
regulations of every sort without considering from which source they
emanate.
The term ‘Statute’ has been defined as the written will of the legislature
solemnly expressed according to the forms necessary to constitute it the
law of the State. Normally, the term denotes an Act enacted by the
legislative authority (e.g. Parliament of India).
In short ‘statute’ signifies written law in contradiction to unwritten
law.

Basic Terminologies: Documents
Section 3 of the Indian Evidence
Act, 1872
Section 3(18) of the General Clauses
Act, 1897
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 may be used, for the
purpose of recording that
matter.
The term ‘document’ shall
include any matter written,
expressed or described upon any
substance by means of letters,
figures or marks, or by more
than one of those means which
is intended to be used, or which
may be used, for the purpose of
recording this matter.

BasicTerminologies: Instruments
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
kind, such as an agreement, 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.

BasicTerminologies: Deed
The Legal Glossary defines ‘deed’ as an instrument in writing
(or other legible representation or words on parchment or paper)
purporting to effect some legal disposition. Simply stated
deeds are instruments though all instruments may not be
deeds. However, in India no distinction seems to be made
between instruments and deeds.

Basic Terminologies: Interpretation
Interpretation’ is the process by which the real meaning of
an Act (or a document) and the intention of the legislature in
enacting it (or of the parties executing the document) is
ascertained.
‘Interpretation’ signifies expounding the meaning of
abstruse words, writings, etc., making out of their meaning,
explaining, understanding them in a specified manner.

ImportanceofInterpretation
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 take place separately from each
other, and two different agencies are concerned.

InterpretationandConstruction
Both terms are generally used interchangeably, but these two
terms have different connotations.
The cardinal rule of
construction of a statute is to
read it literally, which means
by giving to the words used by
the legislature their ordinary,
natural and grammatical
meaning
The cardinal law of
interpretation is that if the
language is simple and
unambiguous, it is to be
read with the clear intention
of the legislation.

Classification of Interpretation
General Classification of Interpretation
Legal
Authentic
Rule of
interpretation
is derived from
the legislator
himself
Usual
It comes from
some other
source such as
custom or case
law
Doctrinal
Grammatical
Applies only the
ordinary rules of
speechfor finding out
the meaning of the
words used in the
statute.
Logical
When the court
goesbeyondthe
words and tries to
discover the
intention of the
statute
when there is an actual
rule of law which binds
the Judge to place a
certain interpretation of
the statute.
when its purpose
is to discover
‘real’ and ‘true’
meaning of the
statute.
11

Difference between Interpretation and Construction
Interpretation is of finding out the true sense of any form and the construction
is the drawing of conclusion respecting subjects that lie beyond the direct
expression of the text. . [Bhagwati Prasad Kedia v. C.I.T,(2001)]
Where the Court adheres to the plain meaning of the language used by the
legislature, it would be ‘interpretation’ of the words, but where the meaning is
not plain, the court has to decide whether the wording was meant to cover the
situation before the court. Here the court would be resorting to what is called
‘construction’.

NeedforInterpretation/Construction
The English language is not an instrument of mathematical
precision. Our literature would be much the poorer if it
were. This is where the draftsmen of Acts of Parliament
have often been unfairly criticized. A judge, believing
himself to be fettered by the supposed rule that he must
look to the language and nothing else, laments that the
draftsmen have not provided for this or that, or have been
guilty of some or other ambiguity.
DENNING L.J.

NeedforInterpretation/Construction
The subject of the interpretation of a statute, therefore, seems to
fall under two general heads:
What are the principles which govern the construction of the
language of an Act of Parliament?
What are those principles which guide the interpreter in
gathering the intention on those incidental points on which the
legislature is necessarily presumed to have entertained an
opinion but on which it has not expressed any?

Process of Interpretation
Aids
Statutory –
illustrated by
General Clauses Act, 1897
Specific definitions
contained in individual Acts
Non-statutory-
illustrated by
Common law rules of
interpretation
Case-law relating to the
interpretation of statutes
16

Rules of Interpretation/Construction
Primary Rules
• Rule of Literal Construction
• Rule of Reasonable Construction
• Rule of Harmonious
Construction
• Rule of Beneficial Construction
• Rule of Exceptional Construction
• Rule of Ejusdem Generis
Secondary Rules
• Effect of usage
• Associated Words to be
Understood in Common Sense
Manner
17

Rule of Literal Construction
It is the cardinal rule of construction that words, sentences and
phrases of a statute should be read in their ordinary, natural and
grammatical meaning so that they may have effect in their widest
amplitude. At the same time, the elementary rule of construction
has to be borne in mind that words and phrases of technical nature
are ‘prima facie’ used in their technical meaning, if they have any,
and otherwise in their ordinary popular meaning.

RuleofLiteralConstruction
When the language of the statute is plain and unambiguous and admits
of only one meaning, no question of construction of a statute arises,
for the Act speaks for itself.
The meaning must be collected from the expressed intention of the
legislature (State of U.P. v. Vijay Anand, AIR 1963 SC 946). A word
which has a definite and clear meaning should be interpreted with that
meaning only, irrespective of its consequences

It is the duty of the court to give effect to the intent of the
legislature and in doing so, its first reference is to the literal
meaning of the words employed.
Where the language is plain and admits of only one
meaning, there is no room for interpretation and only that
meaning is to be enforced even though it is absurd or
mischievous, the maxim being ‘absoluta sententia
expositore non indiget’

Words used in the popular sense:
 It dealing with matter regarding the general public,
statutes are presumed to use words in their popular
sense.

 But to deal with particular business or transaction, words are
presumed to be used with the particular meaning in which they
are used and understood in the particular business.
 However, words in statutes are generally construed in
their popular meaning and not in their technical
meaning.

RuleofReasonableConstruction
Generally the words or phrases of a statute are to be given
their ordinary or “literal” meaning.
But when the grammatical or literal construction leads to a
manifest absurdity then the courts shall interpret the statute
so as to resolve the inconsistency and make the enactment a
consistent whole.

This principle is based on the rule that the words of a statute must
be construed reasonably so as to give effect to the enactment rather
than reduce it to a futility. (Interpretatio fienda est ut res magis
valeat quam pereat)
Hence this rule is called the Rule of Reasonable Construction.
So, while interpreting a law, two meanings are possible, one
making the statute absolutely vague and meaningless and other
leading to certainty and a meaningful interpretation, in such case
the latter interpretation should be followed.(Pratap Singh v State of
Jharkhand(2005)3 SCC 551).

RuleofHarmoniousConstruction
Where there are in 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.
An effort should be made to interpret a statute in such a way as
harmonizes with the object of the statute.

where it is not possible to give effect to both the provisions
harmoniously, collision may be avoided by holding that one section
which is in conflict with another merely provides for an exception or
a specific rule different from the general rule contained in the other.
A specific rule will override a general rule.
This principle is usually expressed by the maxim,
“generalia specialibus non derogant”.

The Rule of Harmonious Construction is applicable only when 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 the other.
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

Rule of Beneficial Construction or the Heydon’s Rule
Where the language used in a statute is capable of more than one
interpretation, the most firmly established rule for construction is
the principle laid down in the Heydon’s case (1584) 3 Co. Rep 7a 76
ER 637. This rule is also known as ‘purposive construction’ or
mischief rule.
The rule then directs the courts must adopt that construction which
‘shall suppress the mischief and advance the remedy.’

Rule of Beneficial Construction or the Heydon’s Rule
The rule, enables consideration of four matters in
construing an Act:
i. what was the law before the making of the Act;
ii. what was the mischief or defect for which the law did not provide;
iii. what is the remedy that the Act has provided; and
iv. what is the reason for the remedy.

RuleofExceptionalConstruction
The rule of exceptional construction stands for the elimination of
statutes and words in a statute which defeat the real objective of the
statute or make no sense.

Aspectsof ruleof ExceptionalConstruction
II. Conjunctive and Disjunctive Words ‘or’ ‘and’
The word ‘or’ is normally disjunctive and ‘and’ is normally conjunctive.
However, at times they are read as vice versa to give effect to the manifest
intention of the legislature as disclosed from the context. This would be so
where the literal reading of the words produces an unintelligible or
absurd result.
In such a case ‘and’ may by read for ‘or’ and ‘or’ for ‘and’ even though
the result of so modifying the words is less favourable to the subject,
provided that the intention of the legislature is otherwise quite clear.

Aspectsof ruleof ExceptionalConstruction
III. May’, ‘must’ and ‘shall’
‘May’ indicates an option, hence a provision containing ‘May’
is directory.‘Shall’ indicates that there is no option, hence
provisions containing ‘Shall’ are termed Mandatory.When a
provision is mandatory, it must be strictly observed. When it is
‘directory’ it would be sufficient that it is substantially
complied with.
But, in some cases ‘May’ can have the meaning of ‘Shall’ and vice
versa

RuleofEjusdemGeneris
 The term ‘ejusdem generis’ means ‘of the same kind or
species’.
 The rule of ejusdem generis means that where specific words
are used and after those specific words, some general words are
used, the general words would take their colour from the
specific words used earlier.
 If the particular words used exhaust the whole genus
(category), then the general words are to be construed as
covering a larger genus.
 The general principle of ‘ejusdem generis’ applies only
where the specific words are all the same nature.

Rule of Ejusdem Generis
Rule Applies When
Statute contains an enumeration of specific words
The subjects of enumeration constitute a class or category
That class or category Is not exhausted by the enumeration
The general terms follow enumeration
There is no indication of a different legislative intent
45

Effectof Usage
Usage or practice developed under the statute is indicative of
the meaning recognized to its words by contemporary opinion.
A uniform 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.

Effectof Usage
In this connection, we have to bear in mind two Latin maxims:
a) ‘Optima Legum interpres est consuetude’ mean in the custom
is the best interpreter of the law.
b) ‘Contempraneo expositio est optima et fortissinia in lege’
meaning the best way to interpret a document is to read it
as it would have been understood when made.

AssociatedWordsto be Understoodin Common
SenseManner
When two words or expressions are coupled together one of
which generally excludes the other, obviously the more general
term is used in a meaning excluding the specific one.
The concept of ‘Noscitur A Sociis’ (‘it is known by its associates’),
that is to say ‘the meaning of a word is to be judged by the
company it keeps’.
When two or more words which are capable of analogous (similar
or parallel) meaning are coupled together, they are to be understood
in their cognate sense (i.e. akin in origin, nature or quality).

SenseManner
Fresh orange juice is not a fruit juice!
While dealing with a Purchase Tax Act, which used the
expression “manufactured beverages including fruit-juices
and bottled waters and syrups,” it was held that the
description ‘fruit juices’ as occurring therein should be construed
in the context of the preceding words and that orange-juice
unsweetened and freshly pressed was not within the description

SenseManner
It must be borne in mind that nocitur 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.

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