Interpretation of Statutes: How are statutes Interpreted?
Interpretation is the primary function of a court. The court interprets the legislature whenever a dispute arises. Interpretation of a statute should not be done arbitrarily. It involves finding out the intention of the legislature in the language used by the legislature in the statute. This is done with the help of certain rules or principles and ads to construction.
Meaning of Interpretation or Construction
Interpretation means the art of finding out the true sense of an enactment by giving the words their natural and ordinary meaning.
Rules of Interpretation
Arbitrariness is not expected from the court while interpreting a statute and thus certain principles are by the courts through continuous exercise. Thus, principles are sometimes called rules of interpretation.
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The literal or grammatical rule of interpretation
According to the rule, the words of an enactment are to be given their ordinary and natural meaning. If such a meaning is clear, effect should be given to the provisions of the statute whatever may be the consequences. The basis of this principle is that the object of the interpretation being to know what the legislation intended, whatever was the intention of the legislature has been expressed by it through words which are to be interpreted through the rules of grammar. This is the safest rule because the intention of the legislature can be inferred directly from the language in which it has been expressed itself. If the language of the statute is plain, the only duty of the court is to give effect to it and the court has no business to look into the consequences of such interpretation.
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The Mischief Rule
The mischief rule originated in Heydon’s case in 1584. In this case, it was held that for sure and true interpretation of all statutes, in general, 4 things are to be considered which are:
- The law before the act?
- The mischief for which common law did not provide?
- Remedy appointed by the legislature for the cue of the defect; and
- Reason behind the remedy?
After this consideration, it is the duty of all the judges to make such interpretation as shall supress the mischief and advance the remedy.
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The Golden Rule
The golden rule is the modification of the principle of grammatical interpretation. It says that ordinarily the court must find out the intention of the legislature ‘from the words used in the statute’ by giving them their natural meaning but if this leads to absurdity, repugnance, inconvenience, hardship, injustice or evasion, the court must modify the meaning to such an extent and no further as would prevent such a consequence.
On the face of it, this rule solves all problems and is, therefore, known as the golden rule.
Conclusion
Thus the aforementioned rules, in addition to many more are generally followed when interpreting statutes.
By Maahi Mayuri
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