Whenever any ambiguity or difficulties arises in a Statutes, then Interpretation required in such a case.Now question arises who will interpret an Statute, because Statutes are made by legislature but It is duty of court to interpret the statute and give meaning to each word on the basis of some principles or rules, not by legislature.
e.g. Article 12 of Constitution defines who comes under the definition of state, whenever any disputes came in front of court, it will explain whether such specific entity comes under definition of State or not.
The most common principle of interpretation is that every part of the statute must be understood in harmonious manner by construing every part of it together.
A statute normally denotes the "Act enacted by the Legislature".
The term interpretation means "To give meaning".
The General Principles of Interpretation are:-
1. Primary Rules; and
2. Other Rules of Interpretation
1. Primary Rules:-
(a) Literal Construction - In this rule, the words phrases and sentences of a statue are ordinarily to be understood in their natural, popular or grammatical meaning unless such meaning defeat the object or content of statutes.
(b) The mischief or Heydon's Rule - This rule applicable when any mischief arises in statutes. In this rule the court "shall remove mischief and evolve the remedy". In Sodra devi's case, AIR 1957 S.C. 832, The Supreme Court expressed the view that this rule is applicable only when the words in question are ambiguous and reasonably capable of More than One Word.
(c) Rule of Reasonable
Construction ( Ut Res Magis Valeat Qaum Pareat) - This rule is used to give sensible meaning of the words of statutes. Every word or expression used in an Act should construed a natural and fair meaning.
(d) Rule of Harmonious Construction - Where in any Act, contains two provisions which do not reconcile with each other, then court should interpret it such manner to give effect to both provisions, if it possible.
(e) Rule of Ejusdem Generis - It literally means " of the same genus or same kind of species". It applicable where a broad or open-ended term appears following a series of more restrictive terms in the text of a statute.
2. Other Rules of Interpretation
● Expressio Unis Est Exclusio Alterius - This rules means "express mention of one thing implies the exclusion of another".
● Contemporanea Expositio Est Optima Et Fortissima in Lege - This Maxim means "that a contemporaneous exposition is the best and strongest in law".
●The Noscitur a socii - Meaning of a word should be known from its associate words.
● Strict and literal construction - It means "everything is to be done in advancement of the remedy that can be done consistently with any construction of the statute".
● Presumption - It need arise when intention of the legislature not is not clear in a statute.
Internal Aids In Interpretation
-> Title, Preamble, Heading and title of a Chapter, Marginal notes etc.
External Aids in Interpretation
-> Parliamentary History, Reference to other statutes, Dictionaries etc.
Note:- Full Notes uploaded soon.....
