INTERPRETATION OF STATUES BY CHIRAGH DEVAL @LEXCLIQ

INTERPRETATION

If we look at the meaning of interpretation as according to the ordinary or dictionary meaning it says that it’s an act that explains the meaning of the thing. In short, it tells us about the intention behind the law.

The laws are made by the legislatures, executions are been done by the executive, and then it’s the judiciary that interprets the laws to make them operational.

NEED FOR INTERPRETATION

Interpretation is basically done when the language of the provision is ambiguous, or it is not clear according to the law, or when a provision has two or more meanings, or when there are two or more views that are possible about the provisions.

Sometimes it is also needed for the applicability of law changes with new developments.

KINDS OF INTERPRETATION

There are various kinds of interpretations:

  1. Grammatical Interpretation: When this interpretation comes the Judges are not allowed to add something or to modify something to the letter of law. So, they should strictly follow the language and direct translation to its meaning.
  2. Functional Interpretation: It’s basically done when the statute is inconsistent, or the statute is incomplete, or when the language of a statute is incomplete, or when there is a flaw in the letter of law.

RULES OF INTERPRETATION OF STATUES

Rules have been divided into two that is primary rules and secondary rules.

Primary rules deal’s with the Purposive construction, Golden rule, Mischief rule, Rule of reasonable construction, Literal rule, etc.

Whereas the secondary rules have some of the maxims related to it like Expressio Unius Est Exclusio Alterius, Contemporanea Expositio Est Optima Et Fortissima in Lege, Noscitur a Sociis.

AIDS IN INTERPRETATION

In the interpretation of statutes, two aids are Internal Aid and External Aid and both of them have a brief study individually.

Firstly, according to the interpretation of statues, we have Internal Aid which deals with:

  1. Preamble: It can be referred to know the mischief for which the Act was enacted. It has been decided that while the preamble may not be a part of the Act.
  2. Title: The title of the act is basically for telling the purpose of the act.
  3. Heading: To know about what the chapters deal with that what the headings tell us by just reading the above one line.
  4. Marginal Notes: They are mentioned at the side.
  5. Punctuations: It plays a very important role in the interpretation of statues because sometimes punctions change the meaning of the word.
  6. Illustrations: It helps to get to know about the act or statutes of what it’s saying.
  7. Explanations: It helps in determining what the provisions mean.
  8. Definitions: It tells us about the provider directly.

External Aid deals in the statement of objects and reasons of the bill, dictionaries, Parliamentary debates, History of the act, Foreign Decisions, Commentaries on the law by various authors.

CONCLUSION

Interpretation is the most important factor in law to deal with the law and cases easily as what does the law says and how the parties manipulate the words and meaning by twisting and telling the other meaning of the enactments and act, that’s why Interpretation of Statues are necessary.

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