Interpretation of Statutes: Submitted To: Dr. Anju Berwal (Faculty, UILS, Panjab University, Chandigarh)
Interpretation of Statutes: Submitted To: Dr. Anju Berwal (Faculty, UILS, Panjab University, Chandigarh)
Interpretation of Statutes: Submitted To: Dr. Anju Berwal (Faculty, UILS, Panjab University, Chandigarh)
Submitted to:
Dr. Anju Berwal
(Faculty, UILS, Panjab University, Chandigarh)
Submitted By:
Somnath Tayal
B.A.LLB (Hons.)
Roll No.:95/13
5th Sem
Group - I
ACKNOWLEDGEMENT
-------------------------------------------------------------------------I have written this project titled Statute : Meaning and Classification under the
supervision of DR. ANJU BERWAL faculty of University Institute of Legal Studies,
Panjab University, Chandigarh.
The valuable suggestions of her supervision not only helped me immensely in making this
work, but also in developing an analytical approach in work.
I found no words to express my sense of gratitude for DIRECTOR of our institute for
encouragement at every step .
I am extremely grateful to librarian and library staff of the institute for the support and
cooperation extended time to time.
Also, my Parents and Friends contribution, support and cooperation in this work is beyond
words.
Somnath Tayal
Roll no.
95/13
TABLE OF CONTENTS:
--------------------------------------------------------------------------
Introduction
- Meaning
- Particulars of statute
Classification of Statutes
- Duration
- Application
- Object
- Operation
- Method
Conclusion
For example, if an appeals court holds that witness testimony on memory recovered through
therapy is not admissible at trial, that decision will become the rule for similar cases within
the appeals court's jurisdiction. The decision will remain law until the court reverses itself or
is reversed by a higher court, or until the state or federal legislature passes a statute that
overrides the judicial decision. If the courts strike down a statute and the legislature passes a
similar statute, the courts may have an opportunity to declare the new statute
unconstitutional. This cycle can be repeated over and over if legislatures continually test the
constitutional limits on their lawmaking powers. Judicial opinions also provide legal
authority in cases that are not covered by statute. Legislatures have not passed statutes that
govern every conceivable dispute. Furthermore, the language contained in statutes does not
cover every possible situation. Statutes may be written in broad terms, and judicial opinions
must interpret the language of relevant statutes according to the facts of the case at hand.
Regulations passed by administrative agencies also fill in statutory gaps, and courts
occasionally are called on to interpret regulations as well as statutes.3
Courts tend to follow a few general rules in determining the meaning or scope of a statute. If
a statute does not provide satisfactory definitions of ambiguous terms, courts must interpret
the words or phrases according to ordinary rules of grammar and dictionary definitions. If a
word or phrase is technical or legal, it is interpreted within the context of the statute. For
example, the term interest can refer to a monetary charge or ownership of property. If the
term interest appears in the context of a statute on real estate ownership, a court will
construe the word to mean property ownership. Previous interpretations of similar statutes
are also helpful in determining a statute's meaning.4
Statutes are not static and irreversible. A statute may be changed or repealed by the
lawmaking body that enacted it, or it may be overturned by a court. A statute may lapse, or
terminate, under the terms of the statute itself or under legislative rules that automatically
terminate statutes unless they are reapproved before a certain amount of time has passed.
In the case, CST Vs Mangal Sen Shamlal, 5 the court observed that a statute is supposed to be
an authentic repository of the legislative will and the function of a court is to interpret in
3 http://legal-dictionary.thefreedictionary.com/statute
4 Justice A.K. Yog, Interpretation of statutes, Modern law pub.
5
according to the intent of those that made it. The legislature as the representative of the
people of a nation or the people of the state expresses its will and such expression of the will
in accordance with constitution provision is a statute. A Statute is a formal written enactment
of a legislative authority that governs a country, state, city, or county. 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 issued by Government agencies.
A statute is a will of legislature conveyed in the form of text. The Constitution of India does
not use the term Statute but it uses the term law. Law includes any ordinance, order,
bye-law, rule, regulation, notification, custom or usage having the force of law.
[Article 13 (3) (a) of the constitution].
Therefore, a Statute is the will of the legislature and Indian Statute is an Act of the Central or
State Legislature. Statutes include Acts passed by the Imperial or Provincial Legislature in
Pre-Independence days as well as Regulations. Statutes generally refer to the laws and
regulations of every sort, every provision of law which permits or prohibit anything.
A Statute may generally be classified with reference to its duration, nature of operation,
object and extent of application. On the basis of duration, statutes are classified as either
Perpetual or Temporary. It is a Perpetual Statute when no time is fixed for its duration and
such statute remains in force until its repeal, which may be express or implied. It is perpetual
in the sense that it is not obligated by efflux of time or by non-user.
A Temporary statute is one where its duration is only for a specified time and it expires on
the expiry of the specified time unless it is repealed earlier. The duration of temporary
Statute may be extended by fresh Statute or by exercise of power conferred under the
original statute. The expired statute may be revived by re-enacting it in similar terms or by
enacting a statute expressly saying that the expired Act is herewith revived. 6
A statute is a will of legislature, having following particulars :
Short Title : The short title is a nickname given to the statute for identification only, such as
6 http://www.caaa.in/Image/Interpretation%20of%20Statutes.pdf
the Indian Evidence Act, 1872. It identifies an Act but does not describe it. It only provides a
facility of reference.
Long Title : The long title is mentioned at the head of the statute and contains a brief but
fairly understandable general description of the purpose of the statute. For Instance, the
long title of the Code of Criminal Procedure, 1973 reads ; An Act to consolidate and amend
the law relating to criminal procedure. Similarly the long title of the Code of Civil
Procedure, 1908 reads : An Act to consolidate and amend the laws relating to the procedure
of courts of civil judicature and that of the Prevention of Food Adulteration Act, 1954
reads : An Act to make provision for the prevention of adulteration of food.
Preamble : Preamble contains the main objects of the Act. For instance, the preamble of the
Indian Penal Code, 1860 reads : Whereas it is expedient to provide a general Penal Code for
India, or the preamble of the West Bengal Special Courts Act, 1950 reads : Whereas it is
expedient to provide for the speedier trial of certain offences.
Marginal Notes : Marginal notes are those notes which are inserted at the side of the
Sections in an Act and express the effect of the sections. For instance, the marginal note of
section 94 of the Indian Penal Code reads : "Act to which a person is compelled by threats',
or that of Section 110 of the Code of Criminal Procedure, 1973 reads : "Security for good
behavior from habitual offenders", r that of Section 11 of the Indian Contract Act reads
"Who are competent to contract'.
fc'li
T
Headings : Headings are of a group of sections or of a single section these are generally
treated as preambles to the group of sections or the individual section to which they are
appended. For instance, the heading before Sections 172 to 190 of the Indian Penal Code
reads : "Of Contempts of the lawful authority of public servants", or that before Section 498A of the Indian Penal Code reads : "Of cruelty by husband or relatives of husband".
Definition of interpretation clauses : These exist generally in the earlier part of a statute.
Certain words or expressions used in different provisions of the statute are defined in these
clauses. Naturally, the meanings of these words wherever they exist in the statute will be in
accordance with their meaning given under the definition clauses generally. For example,
Section 3 of the Indian Evidence Act, 1872 deals with the interpretation clause wherein the
definitions of many words used in the Act such as "court", "fact", "relevant", "facts in issue",
"document", "evidence", "proved", "disproved", "not proved" and "India" have been given.
Provisos : Whenever a proviso is inserted in a/section, the natural presumption is that had
the proviso not been inserted the enacting part of the section would have included the
subject matter of the proviso. For instance, the proviso clause of Section 120-A of the Indian
Penal Code beginning with the words "Provided that" states that "no agreement except an
agreement to commit an offence shall amount to a criminal conspiracy unless some act
besides the agreement is done by one or more parties to such agreement in pursuance
thereof".
Explanations : Explanations are inserted whenever the legislature feels that a particular
provision needs explaining and it is essential to remove doubts which may arise in the
absence of it. For example, five explanations have been attached to Section 108 of the Indian
Penal Code which explain the meaning of "abettor".
Schedules : Schedules attached to a statute deal with as to how claims or rights under it are
to be asserted or as to how powers conferred under it are to be exercised A schedule may
sometimes contain certain subjects in the form of lists. The schedules mentioned in the
Constitution of India are illustrations of this kind.
Punctuation : Statutes may contain punctuations in the forms of semi-colon, colon,
comma, full stop, hyphen, dash, bracket and the like.
Normally, the court tries to find out the intention of the legislature in the language of the
state itself. If it feels that the legislature has expressed itself unambiguously, the court does
not allow any deviation from the grammatical meaning as that is the will of the legislature.
For instance, in Rammawater v. Assistant Sales Tax Officer,8 the question was whether sale
of betel leaves could not be taxed because these are vegetable which were not subject to
sales tax. It was held by the Supreme Court that the expression betel leaves has been used by
the legislature in its ordinary sense and, therefore, cannot mean vegetable.
At times, the court, finding that the literal meaning is not quite free from ambiguity, may
attempt to interpret an enactment in the light of the mischief which it is supposed to
suppress. Such was the case in Kanwir Singh v. Delhi Administration where the officials of
the respondent were beaten by the appellants while trying to round up stray cattle.the
question whether the animals abandoned within the meaning of the act under which
officials of the respondents were rounding them up.
The Supreme Court held that the act was passed to suppress the mischief of animals
straying on street, and consequently the term abandoned could not mean 'ownerless' as
contended by the appellants but had to mean let loose or left unattended.9
Sometimes, the meaning of a particular word depends on the meanings of the words
associated with it. In Rainbow Steel Limited v. Commissioner of Sates tax, the question was
whether a thermal power plant sold in perfect working condition would be an old machinery
within the U.P. Sales Tax Act, 1948. The Supreme Court held that the meaning of the word
old would depend on the words associated with it in the enactment, viz., discarded,
unserviceable and obsolete. Thus interpreted, the thermal power plant could not be held to
8AIR
9 Supra note 7
be an old machinery.
In the above manner, the courts have applied different norms while interpreting various
enactments. Through these different norms have evolved different principles of
interpretation. The courts in India have probably helped, through the application of various
principles of interpretation, to achieve social, economic and political justice as per
directives of the Constitution of India
formalities which are essential to the validity of the things which are done are called
imperative or absolute, but those which are not essential and may be disregarded without in
validating the things to be done are called directory statutes. Imperative Statutes must be
strictly observed.
D. Classification with reference to Objective
(i) Enabling statutes
These statutes are which enlarges the common law where it is too strict or narrow. It is a
statute which makes it lawful to do something which would not otherwise be lawful.
Enabling statute is a statute that permits what was previously prohibited or that creates new
powers. It is a statute that gives new or extended authority or powers, generally to a public
official or to a corporation. For instance, a congressional statute conferring powers on
executive agencies to carry out various delegated tasks11
(ii) Disabling statutes
These statutes restrict or cut down rights existing at common law. An act restraining a
common law right is a disabling Act. Disabling statute is a statute that limits or curbs certain
rights. It is passed in the reign of Elizabeth, which curbed the leasing of lands by the church
and by eleemosynary corporations, and resulted in the turning over to Elizabeth of much
valuable land by the prelates, for which she paid nothing. A disabling statute is also called
restraining statute.
(iii) Codifying Statute
It presents and orderly and authoritative statement of the leading rules of law on a given
subject, whether those rules are to be found in statute law or common law. A codifying
statute is one which codifies the law, or in other words, which purports to state exhaustively
the whole of the law upon a specific subject. The code contains the pre-existing provisions
in different statutes on the subject as well as the. common law on it For instance, the Bills of
Exchange Act, 1882 in England is an Act to codify the law relating to Bills of Exchange,
Cheques and Promissory Notes. The Hindu Succession Act, 1956 is a codifying statute with
respect to intestate succession among Hindus. The purpose of a codifying statute is to
present an orderly and authoritative statement of the leading rules of law on a given subject
11 http://definitions.uslegal.com/e/enabling-statute/
12 Supra note 13
legislature. The result of the validation is that notifications or other steps taken which may
otherwise have been invalid become valid.
(vi) Declaratory statute
A declaratory statute is a statute to remove doubts either in the common law or in the
statutory law. Passing of a declaratory statute becomes desirable when certain expressions in
common law or statutes are being misunderstood. This may happen, for instance, where the
courts have been interpreting a particular expression as connoting" a specific meaning which
the legislature feels is a wrong notion of the expression. In such a case, the legislature may
pass a declaratory statute declaring the correct meaning of that expression thereby setting at
rest the controversy about the correct meaning of toe expression. Mere use of the expression
it is hereby declared does not necessarily make the statute a declaratory statute. Generally, a
declaratory statute contains
enacted.13 The main object of such an Act is to remove doubts as to the meaning of the
existing law, or to rectify an interpretation which toe legislature thinks is wrong. In India, the
Income Tax (Amendment) Act, 1985 which added explanation 2 to Section 40 of the Income
Tax Act, 1961 and the Finance Act, 1987 amending the definition of "Owner of house
property" in Section 27 are declaratory Acts.
the original law so as to effect an improvement therein or to more effectively carry out the
purposes for which the original law was passed. An amending statute cannot be called a
repealing statute. It is part of the law it amends. Direct Taxes Amendment Act, 1974, Direct
Tax Amendment Act, 1986/ Direct Tax Laws Amendment Act, 1987, Taxation Laws
Amendment Act, 1962/ Taxation Laws Amendment Act, 1970 and Taxation Laws
Amendment Act, 1984, Criminal Law (Amendment) Act, 1983 or Land Acquisition
(Amendment) Ad/ 1984 are examples of amending Acts.14
explanatory statute. For instance, the Royal Mines Act, 1688 in Britain was passed to
encourage mining certain baser metals while the Royal Mines Act, 1963 was enacted for
better explanation of the earlier Act. The latter is an example of explanatory statute.
(xii) Remedial statute
A remedial statute is one whereby a new favour or a new remedy is conferred. The main
object of passing such a statute is to make improvements in the enforcement of one's rights
or for redress of wrongs and remove defects or mistakes in the former law. Of late, another
synonymous expression^ viz., socio-economic legislation, is being preferred by many. Some
illustrations of remedial statutes are the Maternity Benefits Act, 1961 and the Workmen's
compensation Act, 1923. In many remedied Acts the words "for remedy whereof" have been
used immediately before the language of the enactment. Some people including Blackstone
hold the view that remedial statutes could be enlarging as well as restraining. The Acts could
be enlarging when narrow common law was widened or restraining when existing common
law right was cut down. It is probably true that all legislations in a welfare State is enacted
with the object of promoting general welfare, but certain types of enactments are more
responsive to some urgent social demands and also have more immediate and visible impact
on social vices by operating more directly to achieve social reforms. 5 A remedial statute
receives liberal construction and doubt is resolved in favour of the persons for whose benefit
the statute is enacted.
Conclusion:
Enabling statutes is important to ensure that provisions are in place which give the program
and its representatives clear legal authority to access facilities and records. When problems
with access arise, the enabling statutes are used as the tools to resolve these issues quickly.
Those tools include the authority of the program or some other entity in the state . Thus, to
draw conclusion it can be said that if the subordinate or delegated legislation goes beyond
the scope of authority concerned on the delegate or it is in conflict with the Parent or
Enabling Act, it is called substantive ultra vires. The validity of the subordinate or delegated
legislation may be challenged before the Courts on this ground. It is a mechanism to curb
down the exploitation of power by the administrative authority as we all know that power
corrupts and absolute power corrupts absolutely. However in this field there is lack of
development and there is no substantial change in the concept all though the changing nature
of the current legislative method has widen the horizon of the power of the authority by
giving them power to act according to the need of the time, even sometimes travelling
beyond the restrictions.
15 Supra note 7
BIBLIOGRAPHY :
1. Justice A.K. Yog, Interpretation of statutes, Modern law pub.
2. Prof. T Bhattacharaya, Interpretation of Statutes, Central Law Agency
3. D.N. Mathur, Interpretation of Statutes, Central Law Agency,
WEBLIOGRAPHY:
1. http://www.lawyersclubindia.com/articles/Interpretation-of-Statute-5430.asp
2. http://www.legalservicesindia.com/article/article/interpretation-of-statutes-11521.html
3. http://legal-dictionary.thefreedictionary.com/statute
4. http://definitions.uslegal.com/e/enabling-statute/
5.
http://www.caaa.in/Image/Interpretation%20of%20Statutes.pdf