Chanderprabhu Jain College of Higher Studies

&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)
E- Notes

Class : BBA LL.B VIII Semester

Paper Code : LLB 406

Subject : Interpretation of statutes

Faculty Name : Ms. Monika Yadav

UNIT-I

Meaning of Interpretation

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 same statute, the one which
validates the statute must be preferred.

Need of Interpretation of Statutes

The meaning of law in a statute should be clear and explicit, but this is not always achieved.
Thus, many of the cases which come before the courts concern a dispute over the meaning of a
word or phrase in a statute. In those cases the task of the court is to decide the exact meaning of
that particular word or phrase. There are a number of factors which can lead to an unclear
meaning.

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 Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

A broad term – There may be words designed to cover several possibilities and it is left to the
user to judge what situations fall within it.

Ambiguity – A word may have two or more meanings and it may not be clear which meaning
should be used.

A drafting error – The parliamentary council which drafted the original Bill may have made an
error that has not been noticed by Parliament. This is more likely to occur where a Bill has been
amended several times during debates.

Wording may be inadequate – There may be many ways in which the wording may be
inadequate, for example, a printing error, or another error such as the use of a word with a wide
meaning which is not defined.

New developments – New technology may mean that an old Act of Parliament does not
apparently cover present-day situations.

Changes in the use of language – The meaning of words can change over the years.

Certain words not used – The draftsmen may refrain from using certain words that they regard as
being implied. The problem here is that users may not realise that this is the case.

Failure of legislation to cover a specific point – The legislation may have been drafted in detail,
with the draftsman trying to cover every possible contingency.

Despite this, situations could arise which are not specifically covered. The question then is
whether the court should interpret the legislation so as to include the situation which was omitted
or whether they should limit the legislation to the precise points listed by Parliament.

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.

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 Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)
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. 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-

Classification with reference to basis of Duration

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.
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.

Classification with reference to Nature of Operation

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.
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.
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.
Mandatory statutes – A Mandatory statute is one which compels performance of certain acts and

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 Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)
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.

Classification with reference to Objective

Enabling Statutes

These statutes are which enlarges the common law where it is too strict or narrow. It is a statute
which makes it lawful to do something which would not otherwise be lawful.
Disabling statutes – These statutes restrict or cut down rights existing at common law.
Permissive statute – This type of statute allows certain acts to be done without commanding that
they be performed.

Prohibitory Statute

This type of statute which forbids the doing of certain things.

Codifying Statute

It presents and orderly and authoritative statement of the leading rules of law on a given subject,
whether those rules are to be found in statute law or common law.

Consolidating Statute

The purpose of consolidating statute is to present the whole body of statutory law on a subject in

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 Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)
complete form repeating the former statute.

Curative or validating Statute

It is passed to cure defects in the prior law and too validate legal proceedings, instruments or acts
of public and private administrative powers which in the absence of such statute would be void
for want of conformity with existing legal requirements but which would have been valid if the
statute has so provided at the time of enacting.

Repealing Statute

A statute which either expressly or by necessary implication revokes or terminates another

Amending Statute
It is a Statute which makes and addition to or operates to change the original law so as to effect
an improvement or more effectively carry out the purpose for which the original law was passed.

Constitution of India has no particular definition for the word statute but it uses the term “law”
for denoting the actions of legislature and its primary power. Statutes are divided into classes as
mentioned below:

 Codification: It is one when they codify the unwritten law on a particular subject.

 Declaration: When there is no change in the existing law but merely clarification or
explanation of what it is.

 Remedial: This is when they alter the common law or the judge makes a non-statutory
law on a particular subject.

 Amendment: This is when the judge or the legislature changes or alters the statute law.

 Consolidation: This is combining several previous statutes relating to the same subject
matter with or without making changes in the same.

Enabling: Removal of restriction or disability.

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 Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2008 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)
 Disabling or Restraining: Restrain on the alienation of property.

 Penal: When there is imposition of penalty or forfeiture.

 General Principles of Interpretation

 When the intention of legislature is not clearly expressed, a court needs to interpret the
laws using the rules of interpretation. There are two types of Rules of Interpretation with
sub-categories:

 Primary Rules

 The Primary Rule: Literal Interpretation

 The Mischief Rule: Heydon’s Rule

 Rule of Reasonable Construction or Ut Res Magis Valent Quam Pareat

 Rule of Harmonious Construction

 Rule of Ejusdem Generis

 Other Rules

 Expressio Units Est Exclusio Alterius

 Contemporanea Expositio Est Optima Et Fortissima in Lege

 Noscitur a Sociis

 Strict and Liberal Construction

Sd/-
Ms. Monika Yadav