Supervised By

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_____________________________________________ ______________________________ SUBJECT- INTERPRETATION OF STATUE TOPIC-GENERAL PRINCIPLE OF INTERPRETATION Supervised By: MS. ARPITA MITRA ASST. PROF. OF LAW

NAME: TOHIJUL SAIKH COURSE: LLB.3YEARS (3RD SEM) CLASS ROLL NO :82

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TABLE OF CONTENTS

CHAPTER: 1 1.1 INTRODUCTION 1.2MEANING AND DEFINITION 1.3DEFINITION 1.4NEED FOR INTERPRETATION CHAPTER: 2 2.1RULES OF INTERPRETATION OF STATUES 2.2 AIDS OF INTERPRETATION 2.3 JUDICIAL PRECEDENTS

CONCLUSION BIBLIOGRAPHY

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CHAPTER: 1 1.1INTRODUCTION: 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.

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1.2 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. 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 nonuser. 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. 1.3 DEFINITION: According to Salmond, “Interpretation”  is the process by which the court seeks to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed. 1.4 Need For Interpretation : In his The Law-Making Process, Michael Zander gives three reasons why statutory interpretation is necessary:

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1. Complexity of statutes in regards to the nature of the subject, numerous draftsmen and the blend of legal and technical language can result in incoherence, vague and ambiguous language. 2. Anticipation of future events leads to the use of indeterminate terms. The impossible task of anticipating every possible scenario also leads to the use of indeterminate language. Judges therefore have to interpret statutes because of the gaps in law. Examples of inderterminate language include words such as “reasonable”. In this case the courts are responsible for determining what constitutes the word “reasonable”. 3. The multifaceted nature of language. Language, words and phrases are an imprecise form of communication. Words can have multiple definitions and meanings. Each party in court will utilize the definition and meaning of the language most advantageous to their particular need. It is up to the courts to decide the most correct use of the language employed. General Rules of Interpretation, Internal Aids to Interpretation, External Aids to Interpretation, Literal Rule, Golden Rule, Mischief Rule, Subsidiary Rules and Harmonious Construction are some of the most important rules.

CHAPTER=2 .2.1 RULES OF INTERPRETATION OF STATUES: In determining the actual meaning of the legislation, judges may use three traditional rules of interpretation which the court will employ to determine the intention of the statute. The courts also rely on rules of language and materials to assist in statutory interpretation. The three traditional rules of interpretation are; The Literal rule The Golden rule The Mischief rule Others rules These rules are more an approach because judges have to use good judgement when interpreting the legislation.

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A.Literal Rule The starting point where the courts are interpreting legislation is in the statute natural meaning, the Literal rule. The court considers what the legislation is actually saying rather than considering what it might mean. Therefore the words in the legislation takes their literal meaning which involves the use of plain, ordinary, literal, grammatical meaning. Words in the statute can result in a undesirable outcome.

 Disadvantages of the Literal rule There can be a disagreement as to what amounts to the ordinary or natural meaning. R v Maginnis (1987) AC 303 Creates loopholes in the law. Fisher v Bell (1961) QB 394 A shopkeeper was prosecuted for offering to sell an offensive weapon in the showcase which is an offence of a Restriction of Offensive Weapon Act 1959. The court held that ‘offer of sale’ must take its ordinary meaning in law therefore does not coincide with an invitation to treat. Lead to injustice. London and North Eastern Railway v Berriman (1946) AC 278 Creates awkward precedents which require Parliamentary time to correct. Fails to recognise the complexities and limitation of English language. Undermines public confidence in the law

 Advantages of the Literal rule Restricts the role of the judge Provides no scope for judges to use their own opinions or prejudices Upholds the separation of power B.Golden Rule If the court applies the Literal rule and there was no decision, they will apply other rules of statutory interpretation. One is the Golden rule, which seeks to apply a reasonable and rational result. Where the statute was passed to remedy a weakness, the interpretation will correct that weakness making complex cases easier to understand.

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 Disadvantages of the Golden rule Judges are unable to change or add meaning to statutes and thereby become law makers infringing the separate of power. Judges have no power to intervene for pure injustice where there is no absurdity.

 Advantages of the Golden rule Errors in drafting can be corrected immediately. In the case of Adler v George (1964) 2 QBD 7 It was claimed that the defendant was convicted of an offence contrary to section 3 of the Official Secret Act 1920, in the vicinity of a prohibited place. He argued that he was “on the station” and could not be “in the vicinity” of the station. The court held that the words “in the vicinity” of the station should be interpreted to mean ‘on’ or ‘near’ the prohibited place and therefore he was found guilty. Decisions are generally more in line with Parliament’s intention. Closes loopholes. Often gives a more just result. Bring common sense to the law. C.Mischief Rule Another rule that the court uses is the Mischief rule. This enables the statute to fulfil its intended purpose because the court examines the law before the act to discover the mischief that the statute was intended to correct. Therefore this rule is used where there is ambiguity in the statute. It was established in Heydon’s Case (1584) 3 Co Rep 7a.

 Disadvantages of the Mischief rule Creates a crime after the event thus infringing the rule of law. Smith v Hughes (1871) LR 6 QB 597 Gives judges a law making role infringing the separation of power. Judges can bring their own views, sense of morality and prejudices to a case.

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 Advantages of the Mischief rule Closes loopholes Allows the law to develop and adapt to changing needs. Royal College of Nursing v DHSS (1981) 2 WLR 279 In the Abortion Act 1967, it is legal to carry out an abortion if there is a registered medical practitioner. Therefore the procedure can be carry out by nurses with the supervision of a doctor. If this case was adopted under the literal rule, the practice will be illegal but under the mischief rule no illegality occurred. D. OTHER RULES: 1.Rules of Languages While the court uses traditional rules, they rely heavily on a number of rules of language to assist judges in their decision. The rules of language which are in the form of latin words are; The ‘ejusdem generis’ rule of language is part of the contextual approach. It refers to word pertaining to a category or class of thing. ‘Other animals’ or ‘other thing’ are meaningless by themselves but can be simplified by reference to any specific words which precede them. For example, cats and dogs’ do not include wild animals. Powell v Kempton Park Racecourse (1899) AC 143 Where it is an offence to use a house, office, room or ‘other place for betting’. The defendant argued that he operates an outside place. The court held that other place had to refer to other indoor places because of the words in the list. The ‘noscitur a sociis’ is where the words of an act take their meaning from the words in the same section or company. Muir v Keay LR 10 (1875) QBD 594 The defendant claimed that his cafe did not need a licence because he did not provided entertainment. The court held that entertainment does not have to be musical but reception and accommodation of people. The ‘expressio unius est exclusion alterious’ is a rule of language. This statement talks about one or more things of a particular class eliminate all other member of the same class.

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2. Rule of Harmonious Construction A Construction has the merit of avoiding any consistency or repugnancy either within a sectionor between a section and other parts of the statute. The duty of the Courts is to avoid “a headon clash” between two provisions of the same Act. Where in an enactment, there are two provisions which cannot be reconciled with each other,they should be so interpreted that, if possible effect may be given to both is known as the “Ruleof Harmonious Construction”. EXAMPLE: Venkataramana Devaru v. State of Mysore, A.I.R. 1958 S.C. 255 3.Rule of Ejusdem Generis “Of the same kind or species” is the literal meaning of above Rule. In other words, the Ejusdem Generis rule is that, where there are general words followingspecific words, the general words following specific words must be confined to things of thesame kind as those specified, unless there is a clear manifestation of the contrary purpose. It is merely a Rule of Construction to aid the Courts to find out the true intention of theLegislature. Example: Where a Statute uses words such as oxen, bulls, goat, cows, buffaloes, sheep, horses,etc. The word ‘etc.’ cannot include wild animals like lion, tiger.Also, all domestic animals wouldnot be covered. Whether the Rule of Ejusdem Generis should be applied or not to a particular provision dependsupon the purpose and object of the provision which is intented to be achieved. EXAMPLE: Royal Hatcheris Pvt. Ltd. v. State of Andhra Pradesh. 4.Expressio Units Est Exclusio Alterius The Rule means that ‘express mention of one thing implies the exclusion of another’.The maxim ought not to be applied when it’s application leads to inconsistency or injustice. This also implies that it cannot be applied when the language of the Statute is plain with clear meaning. EXAMPLE: Parbhani Transport Co-operative Society Ltd v. Regional Transport Authority, AIR 1960 SC 801 5. Contemporanea Expositio Est Optima Et Fortissima In Lege The maxim means that ‘a contemporaneous exposition is the best and strongest in law.The language of a Statute must be understood in the sense in which it, was understood when itwas passed. Where the words used in the Statute have undergone alteration in meaning in course of time,the words will be construed to bear the same meaning as they had when the statute was passed. 6. Noscitur a Sociis:“It is known by it’s associates” is the literal meaning of the above Rule. In simple words, meaningof a word should be known from its accompanying or associating words. A word a statutory provision is to be read in connection with it’s companion words.

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Example: The word ‘plant’ used in ‘plant & machinery’ and same word in ‘plant & flower’ has different meaning. EXAMPLE: K. Bhagirathi G. Shenoy v. K. P. Ballakuraya AIR 1999 SC 2134 7. Strict and Liberal Construction: In Strict Construction, the words of a statute are to be constructed in the manner in which theyare stated in the Act. The use of the Rule of Strict Construction is more in construction of penal statute.In Liberal Construction, where the usual meaning of the word falls short of the object of theLegislature, a more extended meaning may be attributed to the “Beneficial Construction” means the relaxation of strictly literal principles of construction. 2.2 AIDS OF INTERPRETATION INTERNAL: These are things found within the statute which help judges understand the meaning of the statute more clearly. .  the long and the short title • the preamble • definition sections • schedules • headings EXTERNAL: These are things found outside of the actual statute which may be considered by judges to help them understand the meaning of a statute more clearly. •dictionaries • historical setting • previous statutes • earlier case law • Hansard • Law Commission Reports • International Conventions

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2.3 Judicial Precedents In Manmohan Das Shah v. Bishun Das, the Supreme Court held that"The ordinary rule of construction is that a provision of a Statute must be construed in accordance with the language used therein unless there are compelling reasons. Such as, where a literal construction would reduce the provision to absurdity or prevent the manifest intention of the legislature from being carried out. There is no reason why the word "or" should be construed otherwise than in its ordinary meaning. If the construction suggested by Mr. Desai were to be accepted and the word "or" were to be construed as meaning "and", it would mean that the construction should not only be such as materially alters the accommodation but is also such that it would substantially diminish its value. ...........” In Kamta Prasad Aggarwal v. Executive Engineer, Ballabhgarh, the Apex Court held that "depending upon the context, "or" may be read as "and" but the Court would not do it unless it is so obliged because "or" does not generally mean "and" and "and" does not generally mean "or". Furthermore, again in Hyderabad Asbestos Cement Products v. Union of India, the Court restated the rule for interpretation of the words ‘and’ and ‘or’ and held as that – "The language of the rule is plain and simple. It does not admit of any doubt in interpretation. Provisos 1(i) and 2(i) are separated by the use of conjunction "and". They have to be read conjointly. The requirement of both the provisos has to be satisfied to avail the benefit." Following are examples of few cases when the rule of interpreting the word “or” as normally disjunctive and “and” as normally conjunctive has been forgone by the Judges to prevent injustice or to give effect to the real purpose of the StatuteTo prevent use of arbitrary powers The words ‘owner or master’ as they occur in Section 1(2) of the Oil in Navigation Waters Act, 1955 were construed by the House of Lords to mean ‘owner and master’ making both of them guilty of the offence under that Section as reading of “or” as “or” would have produced as absurd result of leaving it to the Executive to select either the owner or master for being

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prosecuted without the Act giving any guidance. Such a result would have been against constitutional practice. To ensure fulfillment of duties The expression ‘established or incorporated’ used in University Grants Commission Act was read as ‘established and incorporated’ having regard to the constitutional scheme and in order to ensure that the Act is able to achieve its objectives and the University Grants Commission is able to perform its duties and responsibilities. Negative and Positive Condition A distinction may be made between positive and negative condition prescribed by a Statute for acquiring a right or benefit. Positive conditions separated by “or” are read in the alternative but negative conditions connected by “or” are construed as cumulative and “or” is read as “nor” or “and”. Prevention of Crime In section 7 of the Official Secrets Act, 1920, which reads ‘Any person who attempts to commit any offence under the principal Act or this Act, or solicits or incites or endeavors to persuade another person to commit an offence, or aids or abets and does any act preparatory to the commission of an offence’, the word “and” printed in Italics was read as “or” for by reading “and” as “and” the result produced was unintelligible and absurd and against the clear intention of the Legislature. Thus even a person who does an act preparatory to the commission of an offence is equally liable.

Welfare of the Public Section 3(b)(i) of the Drugs Act, 1940, (before its amentndment in 1962 ) defined drug as follow: ‘All medicines for internal or external use of human beings or animals and all substances intended to be used for in the diagnosis, treatment, mitigation or prevention of disease in human beings or animals other than medicine and substances exclusively used or prepared for use in accordance with the Ayurvedic or Unani systems of medicine’. The Italicized, word “and” in this definition was read disjunctively as the context showed word “or” and “and” reveals the clear intention of the Legislature.

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Speedy Justice In a case where the Government has been given special powers to create special courts, the words should be construed in such a manner, which ensures that effect is given to the reason for which power has been conferred on the Government. Example- Section 3 of the Prevention of Corruption Act, 1988 empowers the Government to appoint as many special judges as many judges as may be necessary for such area or for such case or group of cases, as may be specified in the notification. Construing “or” it was held that it would mean that the Government has the power to do either or both the things, i.e., the Government may, even for an area for which a special judge has been appointed, appoint a special judge for a case or group of cases. The case illustrates that the alternatives joined by “or” need not always be mutually exclusive. Scheme of the Act For the provisions that deal with appointment of the Manager under Mines Act, 1952,word “and” in Section 3(1)(b) is to be read disjunctively and not as being conjunctive. Having regard to legislative intent manifested by the scheme of the Act, word “and” to be construed as “or” and read disjunctively and not as being conjunctive. Factual Background The world “or” and the word “and” used in rules, laws or bye-laws have specific intention as proposed by its maker and the meaning of “or” and the word “and” shall depend on the factual background under which such conjunction was used. ut res magis valeat quam pereaf Maxwell on Interpretation of Statutes under the head ‘ut res magis valeat quam pereaf’ states that'If the choice is between two interpretations, the narrower of which would fail to achieve the manifest purpose of the legislation, we should avoid a construction which would reduce the legislation to futility and should rather accept the bolder construction based on the view that Parliament would legislate only for the purpose of bringing about an effective result.' 'Where alternative constructions are equally open, that alternative is to be chosen which will be consistent with the smooth working of the system which the statute purports to be regulating; and that alternative is to be rejected which will introduce uncertainty, friction or confusion into the working of the system”.

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I believe that it is just not important to make the statutory provisions operative and workable, but is equally essential to make them operative in a just and reasonable manner. To give effect to this maxim, a construction of “and” and “or” is to be applied which will be consistent with the smooth working of the provisions

CONCLUSION The definition clause so added in an Act provides with a lot of help in determining the meaning of a word in a statute. Whereas it becomes cumbersome to find the correct contention of a word used in a statute, the inclusion of definition or interpretation clause becomes helpful by providing the required context or meaning of the word so used in a statute, either once, or several times.The definition clause has been classified into three kinds of definitions, with respect to the scope and ambit and the usage of the word. They are Restrictive definitions, which are hard and fast and are to be taken in strict sense as to what has been stated in the definition of a word, Extensive Definition, which provides with the scope of interpretation of a meaning more than what is required and the Exhaustive Definition, which contains both means and includes, wherein one part may mean something while the other would include something into the definition making is exhaustive in nature. The other category is where there is another context required to a definition, usually stated in the definitions as ‘unless the context otherwise requires’, wherein the definition needs to have a different contention of the word for which there requires an interpretation in the sense that it is applied to a specific case. But where there is no such meaning applied, usually in case where the statutes and the Constitution are amended and the definitions of words used therein are not amended, it renders those words completely useless as the words they cannot be applied to the provisions since they are not in consonance with other provisions or the Constitution.

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BIBLIOGRAPHY: BOOK: 1. M P JAIN;CONSTITUTIONAL LAW OF INDIA;6TH EDITION 2. G P SINGH;PRNCIPLE OF STATUTORY INTERPRETTON;8 TH EDITION

WEBSITE: 1.https://www.lawteacher.net/free-law-essays/constitutional-law/theinterpretation-of-statute-constitutional-law-essay.php 2.https://www.translegal.com/lesson/statutory-interpretation-2 3.https://blog.ipleaders.in/rules-interpretation-statutes/