Introduction to Interpretation of statutes

A) Introduction :

Interpretation means the art of finding out the true sense of enactment by giving the words of the enactment their natural and ordinary meaning.

It is a process of finding out 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 been evolved out of the continuous exercise by the Courts. These principles are sometimes called 'Rules of Interpretation'.

B) definition and Meaning of Interpretation :

I) Definition-

1) Salmond :

According to Salmond,

"Interpretation or construction is 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".

2) Webster's New World Dictionary :

Webster's New World Dictionary defines 'Interpretation' as -

"The act or result of Interpreting, Explanation, Meaning, Translation, Exposition and word construction is understood as the act or process of construing the way in which something is constructed; manner or method of building.

II) Meaning of Interpretation -

The word Interpretation is derived from from the Latin term 'Interpretati' which means to explain or expound or to understand or translate. Interpretation is a process through which one arrives at the true and correct intention of the law making body which is laid in the form of statutes.

Interpretation of any data generally means to analyze the available data and come out with an opinion which is certain and clear. This increases the ability of an individual to understand and explain it in his or her own way. This helps to find out the ways to understood and analyse the statutes, where it leads the interpret to the whole new meaning which is completely different from the general meaning.

C) Difference between Construction and Interpretation

1) According to Cooley :

'Interpretation' is an art of finding out the true sense of any form of words i.e. the sense which their authors intended to convey and of enabling others to derive from them the same idea which the authors intended to convey.

'Construction' is a process of drawing conclusion, respecting subjects what lie beyond the direct expressions of the text from the elements known from and given in the text conclusions which are in the spirit though not within letter of law.

2) Interpretation refers to understanding the words and true sense in the provisions of the statutes.

Construction is described as drawing conclusions, in relation to the case, that lie beyond the outright expression of the legal text.

3) Regarding the distinction forwarded by Cooley,

Sutherland stated that the distinction is 'erroneous'. Such distinction is according to him is based on the wrong assumption that interpretation determines the application of words to facts for one process cannot exclude the other or if one does, it means that Interpretation must include construction or that there is no such thing as Interpretation and that all is construction.

4) Salmond does not distinguish between the terms Interpretation and construction.

Justice White also confirmed the above view of Salmond.

In United States Vs F. W. Kettle (211 US 370:53 Law Ed 230) Justice White observed that although there is some distinction between them, they are so hard to disentangle that they cannot afford a suitable basis for discussion and in common usage Interpretation and construction are usually understood as having the same significance.

5) According to Dias, It is difficult to distinguish between Interpretation leaves off and construction begins. He further stated that the distinction between the two is so thin that it is hard to distinguish between them.

The next part will publish in next blog.

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