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general principles of interpretation of statutes

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general principles of interpretation of statutes

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There can be no legislature or judge that can make a perfect law written in perfect English for ordinary people to understand and not get criticized. Exclusive reliance on the bare dictionary meaning of words may not necessarily assist a proper construction of the statutory provision in which the words occur. A Court invokes the rule which produces a result that satisfies its sense of justice in the case before it. Only Genuine Products. The article is written by Kashish Grover, fromÂ, : It is one when they codify the unwritten law on a particular subject.Â. At the same time, general words in a statute must receive a general construction, unless there is in the statute some ground for limiting and restraining their meaning by reasonable construction; because many things are put into a statute ex abundanti cautela, and it is not to be assumed that anything not specifically included is for that reason alone excluded from the protection of the statute. of a class) any general words that follow should be construed as referring generally to that class; no wider construction should be afforded. The shift towards use of plain language has attached with it, a lot of controversy. This paper consists of three components, namely Jurisprudence, Interpretation and General Laws. Primary Rules of Interpretation of Statutes … When there are two provisions in a statute, which are in apparent conflict with each other, they should be interpreted such that effect can be given to both and that construction which renders either of them inoperative and useless should not be adopted except in the last resort. Rule of Reasonable Construction or Golden Rule, In RBI v. Peerless General Finance and Investment Co. Ltd. , the Supreme Court stated that if a statute is looked at in the context of its enactment, with the glasses of the statute makers provided by such context, its scheme, the sections, clauses, phrases and words may take colour and appear different than when the statute is looked at without the glasses provided by the context. The elementary rule states that the intention of the Legislature must be found by reading the statute as a whole. Section 33 (2) says that a Government Servant can nominate or second a person in election but section 123(8) says that a Government Servant cannot assist any candidate in election except by casting his vote. How to Draft an Application for a John Doe order? The maxim ought not to be applied when its application leads to inconsistency or injustice. The aids for interpretation may be … For such unlocking, keys are to be found out. , the location of a bus stand was changed by the Regional Transport Authority. The office of all the judges is always to make such construction as shall suppress the mischief, and advance the remedy, and to suppress subtle inventions and evasions for continuance of the mischief, andÂ. The courts must avoid a head on clash of seemingly contradicting provisions and they must construe the contradictory provisions so as to harmonize them. Important FAQ’s on Real Estate Regulatory Authority (RERA) Act, 2016, Join Online Certification Courses on GST and Income Tax. It means the art of finding out the true sense of an enactment by giving the words of the enactment, their natural and ordinary meaning. “Statutory enactment must ordinarily be construed according to its plain meaning and no words shall be added, altered or modified unless it is plainly necessary to do so to prevent a provision from being unintelligible, absurd, unreasonable, unworkable or totally irreconcilable with the test of the statute.” [Bhavnagar University v. Palitana Sugar Mill (P.) Ltd., (2003) 2 SCC 111 : AIR 2003], In Next article we will discuss Guiding Rules of Interpretation, Your email address will not be published. Singh ₹1,350.00 The Supreme Court in Maharashtra University of Health and others v. Satchikitsa Prasarak Mandal & Others has examined and explained the meaning of Ejusdem Generis as a rule of interpretation of statutes in our legal system.Â. The Latin word ‘sociis’ means ‘society’. The rule is that where particular words have a common characteristic (i.e. Considering the facts, all laws cannot be free from ambiguity when applied to them. In simple words, old statutes should be interpreted as they would have been at the date when they were passed and prior usage and interpretation by those who have an interest or duty in enforcing the Act, and the legal profession of the time, are presumptive evidence of their meaning when the meaning is doubtful.Â. Intention of the Legislature. But when a general word follows specific words of a distinct category, the general word may be given a restricted meaning of the same category. Justice G P Singh’s Principles of Statutory Interpretation is the most comprehensive and authoritative work on the subject. Sometimes it expressly rejects the “mischief rule” in favour of the “literal rule”. Principles of Statutory Interpretation 12th Edition - Buy Principles of Statutory Interpretation 12th Edition by GP Singh only for Rs. . Cash On Delivery! ). Also, difference of judicial opinion as to the true meaning of certain words need not necessarily lead to the conclusion that those words are ambiguous. In order to submit a comment to this post, please write this code along with your comment: 03f40813446dbfd7cc023859b740402c. The first and foremost step in the course of interpretation is to examine the language and the literal meaning of the statute. The provision of one section cannot be used to defeat the provision contained in another unless the court, despite all its effort, is unable to find a way to reconcile their differences. Therefore, when general words are juxtaposed with specific words, general words cannot be read in isolation. The Supreme Court has further held that the Ejusdem Generis principle is a facet of the principle of ‘Noscitur a sociis’(A latin term for ‘it is known by the company it keeps’, it is the concept that the intended meaning of an ambiguous word depends on the context in which it is used). It is extremely important and infact necessary also that the Courts interpret the law in such a manner that … Similarly, the “exclusion” is often the result of inadvertence or accident because it never struck the draftsman that the thing supposed to be excluded requires specific mention. How far and to what extent each component influences the meaning of the other , would be different in each given case. Each word, must however, be allowed to play its role, however significant or insignificant it may be. When the intention of legislature is not clearly expressed, a court needs to interpret the laws using the rules of interpretation. 3d 867 (Fla. 4th DCA 2018) for a discussion as to why deference may have been deemed unwarranted administrative action pursuant to general law may not defer to an administrative agency’s interpretation of such statute or rule, and must instead interpret such statute or rule de novo See Whynes v. Am. The application was moved after 30 days on the contention that statute must be read as “30 days from the knowledge of the order”. After referring to the state of law prevailing in the province prior to the constitution as also to the chaos and confusion that was brought about in inter-state trade and commerce by indiscriminate exercise of taxing powers by the different Provincial Legislatures founded on the theory of territorial nexus, Chief Justice S.R. The Latin maxim Noscitur a Sociis contemplates that a statutory term is recognized by its associated words. : Restrain on the alienation of property. Next, they discovered the principles of mental activity, the laws of thought, and immediately books on mental philoso-phy appeared. When the intention of legislature is not clearly expressed, a court needs to interpret the laws using the rules of interpretation. The former is the art of finding out the true sense of any form of words, which also means the sense that the author intends to convey. The rule must be controlled by the fundamental rule that statutes must be construed so as to carry out the object sought to be accomplished. has examined and explained the meaning of Ejusdem Generis as a rule of interpretation of statutes in our legal system.Â, The Supreme Court has further held that the Ejusdem Generis principle is a facet of the principle of ‘, A latin term for ‘it is known by the company it keeps’, it is the concept that the intended meaning of an ambiguous word depends on the context in which it is used. Moreover, it is been regularly held by Hon’ble Supreme Court of India that one of the basic principles of interpretation of Statutes is to construe the words according to their plain, literal and grammatical meaning. This also means that once the conclusion has been arrived at, that the words/ sentence can bear only one meaning, the effect to that meaning is to be given. Penal statutes provide penalties for disobedience of laws making those who disobey liable to imprisonment, fine, forfeiture or any other penalty as may be prescribed. servant the right to vote as well as to nominate or second a candidate and forbidding him to assist the candidate in any other manner. This harmony can only be achieved if Section 123(8) is interpreted as giving the govt. The Latin word ‘sociis’ means ‘society’. The rule requires that the specific words are all of one genus, in which case, the general words may be presumed to be restricted to that genus. A principle to be valued must be capable of wider application than the mischief which gave it existence. in achieving the legislative intent. The Ejusdem Generis rule applies to resolve the problem of giving meaning to groups of words where one of the words is ambiguous or inherently unclear. Das, stated “It was to cure this mischief of multiple taxation and to preserve the free flow of interstate trade or commerce in the Union of India regarded as one economic unit without any provincial barrier that the constitution maker adopted Article 286 in the constitution”. The meaning of the statute must be considered rather then the rendering the statute a nullity. He must then do as they would have done. Legal language is, in part, the language that is used by the legislature to communicate with the people. Their color and their contents are to be derived from their context. The term has been derived from the Latin term ‘interpretari’, which means to explain, expound, understand, or to translate. General Principles 1. In construing Statutes the cardinal rule is to construe its provisions literally and grammatically giving the words their ordinary and natural meaning. 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