Introduction to Interpretation of Statutes - 2

This is the next part of previous blog.

Difference in respect of category

1) Object :

Construction : Object is to create subsidiary rules.

Interpretation : Object is to resolve ambiguity.

2) Legal Effect :

Construction : Legal effect of Construction is determines legal effect of statute.

Interpretation : Legal effect of Interpretation does not determine legal effect of statute.

3) Relation to words :

Construction : Construction related to words does not relate to word.

Interpretation : Interpretation related to words relates to words.

4) Scope :

Construction : Scope is wider than Interpretation

Interpretation: Scope of Interpretation is just a method of explanation.

5) Definition :

Construction : Definition of construction is process of explaining or interpreting intention of statutes.

Interpretation : Definition of Interpretation is finding out meaning of words.

6) Application :

Construction : Application of construction is applicable when the meaning of statute is contensted.

Interpretation : Application of interpretation is comes in picture when the meaning of statute is clear.

7) Analysis :

Construction : Analysis of Construction is finding out conclusion of statute.

Interpretation : Analysis of Interpretation is finding out the way to analysis of a statute.

8) Nature :

Construction : Nature of construction is that the term construction includes interpretation.

Interpretation : Nature of Interpretation does not include construction.

9) Existence :

Construction : Construction is a new concept.

Interpretation : Interpretation is as old as languages.

10) Function :

Construction : Function of construction is to find out General and simple meaning of statute.

Interpretation : Function of Interpretation is to find out real meaning of statute.

D) Object of Interpretation :

The object of Interpretation of statutes is to determine the intention of the legislature conveyed expressly or implied 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".

E) Classification of Statutes.

1) Meaning of Statutes :

According to Black's law dictionary, "A Statute is a formal written enactment of Legislative authority that governs a country, state, city or country. 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 used by government agencies".

The Indian Constitution does not use the term "Statute" but it uses the term "Law".

According to Article 13(3)(a) includes any ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law.

A Statute is the will of the Legislature. It may have the following particulars -

Short title, Long title, Preamble, Marginal notes, Headings of a group of sections or individual sections, Definition of Interpretation, Clauses, Provisions, Illustrations, Exceptions and saving clauses, Explanations, Schedules, Punctuations.

2) Classification of Statutes :

A Statute may generally be classified with reference to its duration, method, object and extent of application.

a) Classification with reference to duration :

i) Temporary Statute :

A temporary statute is one where its period of operation or validity has been fixed by the statute itself. 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.

ii) Permanent Statute / Perpetual Statute :

A permanent statute is one where no such period like a temporary statute has been mentioned but this does not make the statute unchangeable, such a state it may be amended or replaced by another act. In simple words, it is perpetual when no time is fixed for its duration and such statute remains in force until it is repeal which may be expressed or implied.

b) Classification with reference to Nature of Operation :

i) Prospective Statutes :

A Statute which operates upon act and transaction which have not occurred when the statutes take effect, that is which regulates the future is prospective Statutes.

ii) Retrospective Statute :

Every Statute takes away or impairs vested rights acquired under the existing laws or creates new obligations into a new duty or attaches new disability in respect of transactions or considerations already passed are deemed retrospective or retroactive statutes.

iii) Directory Statute :

Directory statutes merely direct or permits anything to be done without compelling its performance. It is generally affirmative in its terms recommends a certain act or omissions but it does not impose the penalty on non-observance of it's provisions.

iv) Mandatory Statute :

Mandatory statute is one which compels performance of certain things or compels that a certain thing must be done in a certain manner or form.

c) Classification with reference to Object.

i) Codifying Statute :

A codifying Statute is one which codifies the law. The code contains the pre-existing provision in different statutes on the subject as well as the common law on it. The purpose of codifying statute is to present an orderly and authoritative statement of the leading rule of law on a given subject whether those rules are to be found in statute law or common law.

ii) Consolidating Statute :

Consolidating statute is one which consolidates the law on a particular subject at one place; it collects all statutory enactments on a specific subject and gives them the shape of one statute with minor amendments if necessary. The main purpose of consolidating statute is to present the whole body of statutory law on a subject in complete form repeating the former statute.

iii) Declaratory Statute :

Declaratory statute is enacted for the purpose of removing doubts or putting an end to conflicting decisions in regard to what the law is in relation to a particular matter. It may either be expressive of the common law or may declare what shall be taken to be the true meaning and intention of a previous statute, though in the latter case such enactments are more commonly called "Expository Statutes".

iv) Remedial Statute :

The remedial statute is one whereby new favour or a new remedy is conferred.

v) Disabling Statutes :

This type of statutes restricts or cut down a right conferred by the common law. An Act restraining a common law right is a disabling Act.

vi) Disabling Statutes :

This type of statutes restricts or cut down a right conferred by the common law. An Act restraining a common law right is a disabling Act.

vii) Penal Statute :

A penal statute is one which punishes certain acts or wrong. Example : Indian Penal Code 1860, Arms Act 1959, Prevention of Food Adulteration Act 1954, etc.

viii) Taxing Statute :

A taxing statute is one which imposes taxes on income or certain other kinds of transactions. It may be in the form of income tax, wealth tax, gift tax, sales tax, etc.

ix) Explanatory Statute :

An explanatory statute is one which explains a law.

x) Amending Statute:

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

xi) Repealing Statute :

A repealing statute is one which repeals an earlier statute.

xii) Curative for Validating Statute :

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

f) Consolidating and Codifying Statutes:

I) Consolidating Statute:

1) Consolidating statutes is a statute which collects the statutory provisions relating to given subject matter and embodies them in a single Act of Parliament. It does not contain the case law.

2) It presents the whole body of statutory law on the subject of repeal of a previous law.

3) Consolidating statute should be interpreted according to the normal canons of constructions and recourse to repealed enactments can be taken only to solve any ambiguity.

4) The primary rule of construction of consolidating statutes is to examine the language used in the statute itself without any reference to the repealed statutes.

5) Former statutes are repealed.

6) Judgement may refer to earlier state of law and the judicial decisions interpreting repealed Acts.

7) Presumption has no application.

II) Codifying Statutes :

1) A codifying statute is which consist exhaustively the entire of the law upon a particular subject, the draftsman attempting to comprise in which code both the pre- existing statutory provisions and also rules relating to the matters. Codifying Statute systematizes case law as well as statutes.

2) It presents an orderly statement of the main rules of law on a given subject.

3) A codifying statute should be interpreted according to the normal canons of constructions and recourse to repealed enactments can be taken generally to solve any ambiguity.

4) While constructing the codifying Act, the language used in the statute is examined in the context, but at the same time, repealed statutes may not be referred.

5) Former statutes survive.

6) Unless the code is ambiguous or silent, the court cannot go outside the letter of law.

7) The presumption is that the same words used at different places in the same Act would bear the same meaning holds good and applicable.

8) It is self contained and complete.

g) Object of Interpretation of Statute :

The object of Interpretation is to see what is the intention of the legislature expressed by the words used.

Case Laws :

1) Mahadev Govind Gharge Vs Special Land Acquisition Officer, upper Krishna Project, Jamkhandi, Karnataka, 2011 (6) SCC 321

It was held that the object of the statute is that the provisions of statute are to be construed to achieve the ends of justice, advance the interest of public and to avoid multiplicity of litigation.

2) Sri. Negara Educational Trust Vs A. G. Syed Mohideen, AIR 2010 SC 671 : 2010 (2) SCC 513

It was held that the purpose of Interpretation is not to make a provision what the judge thinks it should be, but to make it what the legislature intended to be.

h) Necessity to Interpret a Statute :

The necessity to interpret a provision arises only if the words used in the language are ambiguous.

e.g. 1) Award:

a) Award - means prize, which a person has received for his bravery, intelligence.

b) Decision of the Court.

2) Current :

a) The present time

b) Flow of electricity

c) Common or general use

Case Laws :

1) Pandian Chemicals Ltd. Vs C.I.T, (2003) 5 SCC 590

Supreme Court held that the rules of Interpretation would come into play only if there is any doubt with regard to the express language used. Where the words are un equivocal, there is no scope for importing any rule of Interpretation.

2) Tata Consultancy Services Vs State of A. P, (2005) 1 SCC 308

The Supreme Court observed that it is furthermore trite that a court should not be overzealous in searching ambiguities or obscurities in words which are plain.

3) Executive Engineer No. 4 BRLBC Division, Shrimoga Vs Lokesh Reddy, 2003 III CLR 126 (Karnataka HC) (DB)

The Division Bench of Karnataka HC held that such necessity arises if words in a statute are susceptible to more than one construction. In case of plain words there is no necessity to invoke any rule to ascertain legislative intent.

I Hope, this blog will be helpful.