INTRODUCTION
INTRODUCTION
Statutory interpretation is the process of interpreting and applying legislation to decide cases. Interpretation is necessary when a case involves subtle or ambiguous aspects of a statute. Generally, the words of a statute have a plain and straightforward meaning. But in some cases, there may be ambiguity or vagueness in the words of the statute that must be resolved by the judge.
NEED FOR INTERPRETATION OF A STATUTE
NEED FOR INTERPRETATION OF A STATUTE
The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.
The reason for ambiguity or vagueness of legislation is the fundamental nature of language. It is not always possible to precisely transform the intention of the legislature into written words. Interpreting a statute to determine whether it applies to a given set of facts, often boils down to analyzing whether a single word or short phrase covers some element of the factual situation before the judge. The expansiveness of language necessarily means that there will often be equally good or equally unconvincing arguments for two competing interpretations. A judge is then forced to resort to documentation of legislative intent, which may also be unhelpful, and then finally to his or her own judgment of what outcome is ultimately fair and logical under the totality of the circumstances.
To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation to legislation enacted by the legislature or to delegated legislation such as administrative regulations.
Interpretation of Statute is done by the judiciary in order to avoid,
One. Uncertainty,
Two. Friction,
Three. Hardship,
Four. Inconvenience,
Five. Injustice,
Six. Absurdity,
Seven. Anomaly,
Eight. Inconsistency and
Nine. Repugnancy that might result in the absence of certainty, clarity, consistency and brevity with regard to a particular Statute or a statutory provision.
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, eighteen ninety-seven and by specific definitions contained in individual 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 Limited versus 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.