Interpretation of Statutes Law Notes PDF

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INTERPRETATION OF STATUTES Law Notes Index • Introduction • Meaning and Classification of Statutes • Latin language and its importance in Statutory Construction Interpreting the Statutes • Presumptions in statutory interpretation Rules and Aids of Interpretation • Rules of Interpretation Internal Aids to Interpretation External Aids to Interpretation

Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning. It is the process of ascertaining the true meaning of the words used in a statute. The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. These principles are sometimes called ‘rules of interpretation’. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly 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." Interpretation is as old as language. Elaborate rules of interpretation were evolved even at a very early stage of the Hindu civilization and culture. The importance of avoiding literal interpretation was also stressed in various ancient text books – “Merely following the texts of the law, decisions are not to be rendered, for, if such decisions are wanting in equity, a gross failure of Dharma is caused.” Interpretation thus is a familiar process of considerable significance. In relation to statute law, interpretation is of importance because of the inherent nature of legislation as a source of law. The process of statute making and the process of interpretation of statutes are two distinct activities. In the process of interpretation, several aids are used. They may be statutory or non- statutory. Statutory aids may be illustrated by the General Clauses Act, 1897 and by specific definitions contained in individuals Acts whereas non-statutory aids is illustrated by common law rules of interpretation (including certain presumptions relating to interpretation) and also by case-laws relating to the interpretation of statutes. Lord Denning in Seaford Court Estates Ltd. Vs Asher, “English Knowledge is not an instrument of mathematical precision… It would certainly save the judges from the trouble if the acts of parliament were drafted with divine precision and perfect clarity. In the absence of it, when a defect appears, a judge cannot simply fold hand and blame the draftsman…” It is not within the human powers to foresee the manifold permutations and combinations that may arise in the actual implementation of the act and also to provide for each one of them in terms free from all ambiguities. Hence interpretation of statutes becomes an ongoing exercise as newer facts and conditions continue to arise.

MEANING AND CLASSIFICATION OF STATUTES 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. - [Black, Henry Campbell (1990). Black's Law Dictionary, Sixth Edition] 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 PreIndependence 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. Types of classifications of Statutes may be elaborated as followsA. Classification with reference to basis of Duration (i) Perpetual statutes - It is perpetual when no time is fixed for its duration and such a statute remains in force until its repeal which may be express or implied.

(ii) Temporary statutes - 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. B. Classification with reference to Nature of Operation (i)

Prospective statutes – A statute which operates upon acts and transactions which have not occurred when the statutes takes effect, that is which regulates the future is a Prospective statute.

(ii)

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

(iii)

Directory statutes – A directory statute is generally affirmative in its terms, recommends a certain act or omissions, but imposes no penalty on nonobservance of its provisions.

(iv)

Mandatory statutes – A Mandatory statute is one which compels performance of certain acts and directs that a certain thing must be done in a certain manner or form. A type of Mandatory Statute is the Imperative Statute. Imperative Statutes are often negative or prohibitory in its terms and makes certain acts or omissions absolutely necessary and subjects a contravention of its provision to a penalty. When the statute is passed for the purposes of enabling something to be done and prescribes the formalities which are to attend its performance, those prescribed 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 invalidating the things to be done are called directory statutes. Imperative Statutes must be strictly observed. Directory Statute may be substantially complied with.

C. 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.

(ii)

Disabling statutes – These statutes restrict or cut down rights existing at common law.

(iii)

Permissive statute – This type of statute allows certain acts to be done without commanding that they be performed.

(iv)

Prohibitory statute – This type of statute which forbids the doing of certain things.

(v)

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.

(vi)

Consolidating statute – The purpose of consolidating statute is to present the whole body of statutory law on a subject in complete form repeating the former statute.

(vii)

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

(viii) Repealing Statute – A statute which either expressly or by necessary implication revokes or terminates another statute is a repealing statute. (ix)

Amending Statute – It is a Statute which makes and addition to or operates to change the original law so as to effect an improvement or more effectively carry out the purpose for which the original law was passed.

LATIN LANGUAGE AND ITS IMPORTANCE IN STATUTORY CONSTRUCTION

Latin language (Lingua Latina) is an Italic language originally spoken in Latium (Rome). The Italic subfamily is a member of the Indo-European language family. The IndoEuropean languages are a family of several hundred related languages and dialects. This broad family includes most of the European languages spoken today. The IndoEuropean family includes several major branches: Latin and the modern Romance languages (French etc.); the Germanic languages (English,

German, Swedish etc.); the Indo-Iranian languages (Hindi, Urdu, Sanskrit etc.); the Slavic languages (Russian, Polish, Czech etc.); the Baltic languages of Latvian and Lithuanian; the Celtic languages (Welsh, Irish Gaelic etc.); and Greek. Latin is the language of the ancient romans. In the 5th century BC, Latin was just one of many Italic languages spoken in central Italy. Latin was the language of the area known as Latium (modern Lazio), and Rome was one of the towns of Latium. The earliest known inscriptions in Latin date from the 6th century BC and were written using an alphabet adapted from the Etruscan alphabet. Rome gradually expanded its influence over other parts of Italy and then over other parts of Europe. Eventually the Roman Empire stretched across a wide swathe of Europe, North Africa and the Middle East. Latin was used throughout the empire as the language of law, administration and increasingly as the language of everyday life. Literacy was common among Roman citizens and the works of great Latin authors were read by many. Meanwhile in the eastern Mediterranean, Greek remained the lingua franca and well-educated Romans were familiar with both languages. The language used in much early Latin literature, classical Latin, differed in many ways from colloquial spoken Latin, known as vulgar Latin. Over the centuries the spoken varieties of Latin continued to move away from the literary standard and eventually evolved into the modern Italic/Romance languages (Italian, French, Spanish, Portuguese, Romanian, Catalan, etc). Even after the collapse of the western Roman Empire in 476 AD, Latin continued to be used as a literary language throughout western and central Europe. An enormous quantity of medieval Latin literature was produced in a variety of different styles ranging from the scholarly works of Irish and Anglo-Saxon writers to simple tales and sermons for a wider audience. During the 15th century, Latin began to lose its dominant position as the main language of scholarship and religion throughout Europe. It was largely replaced by written versions of the vernacular languages of Europe, many of which are descendants of Latin or have been heavily influenced by it. Modern Latin was used by the Roman Catholic Church until the mid 20th century and is still used to some extent, particularly in the Vatican City, where it is one of the official languages. Latin terminology is still used extensively in Statutes. Latin alphabet - The Romans used just 23 letters to write Latin: A B C D E F G H I K L M N O P Q R S T V X Y Z . There were no lower case letters, I and V could be used as both vowels and consonants, and K, X, Y and Z were used only for writing words of Greek origin. The letters J, U and W were added to the alphabet at a later stage to

write languages other than Latin. J is a variant of I. U is a variant of V. In Latin the /u/ sound was written with the letter v, e.g. IVLIVS (Julius). W was originally a doubled v (vv) and was first used by scribes writing Old English during the 7th century AD, however the Runic letter Wynn was more commonly used to write the /w/ sound. After the Norman Conquest the letter W became more popular and had replaced Wynn by 1300. Some common Latin phrases used in statutory construction are: 1. NOSCITUR A SOCIIS - Words must be construed in conjunction with the other words and phrases used in the text. Legislative intent must be ascertained from a consideration of the statute as a whole. The particular words, clauses and phrases should not be studied as detached and isolated expressions, but the whole and every part of the statute must be considered in fixing the meaning of any of its parts and in order to produce a harmonious whole. Where a particular word or phrase in a statement is ambiguous in itself or is equally susceptible of various meanings, its true meaning may be clear and specific by considering the company in which it is found or with which it is associated. 2. EJUSDEMGENERIS Where a statute describes things of particular class or kind accompanied by words of a generic character, the generic words will usually be limited to things of a kindred nature with those particularly enumerated, unless there be something in the context of the statute to repel such influence. Ejusdem generis could be expansive, however, because the list is not exclusive; it may be expanded if a juridical tie could be found with another item. 3. EXPRESSIO UNIUS EST EXCLUSION ALTERIUS The express mention of one person, thing, or consequence implies the exclusion of all others. Variation: Expressium facit cessare tacitum. What is expressed puts an end to what is implied. Where a statute is expressly limited to certain matters, it may not, by interpretation or construction, be extended to other matters. Canon of restrictive interpretation. Where a statute, by its terms, is expressly limited to certain matters, it may not, by interpretation or construction, be extended to others. The rule proceeds from the premise that the legislature would not have made specified enumerations in a statute had the intention been not to restrict its meaning and to confine its terms to those expressly mentioned. 4. DISSIMILUM DISSIMILISEST RATIO The courts may distinguish when there are

facts and circumstances showing that the legislature intended a distinction or qualification.

5. CASUS OMISSUS Casus omissus pro omisso habendus est. A person, object, or thing omitted from an enumeration in a statute must be held to have been omitted intentionally. This needs two laws. In expressio unius, it is just the enumeration you are looking at, not another law. 6. UBI LEX NON DISTINGUIT NEC NOS DISTINGUERE DEBEMOS Where the law makes no distinctions, one does not distinguish. Where the law does not distinguish, courts should not distinguish. 7. REDEENDO SINGULAR SINGULIS Referring each to each; let each be put in its proper place, that is, the words should be taken distributively.

INTERPRETING THE STATUTES Interpretation of something means ascertaining the meaning or significance of that thing or ascertaining an explanation of something that is not immediately obvious. Construction and Interpretation of a statute is an age-old process and as old as language. Interpretation of statute is the process of ascertaining the true meaning of the words used in a statute. When the language of the statute is clear, there is no need for the rules of interpretation. But, in certain cases, more than one meaning may be derived from the same word or sentence. It is therefore necessary to interpret the statute to find out the real intention of the statute. Interpretation of statutes has been an essential part of English law since Heydon's Case in 1854 and although it can seem complex, the main rules used in interpretation are easy to learn. Elaborate rules of interpretation were evolved even at a very early stage of Hindu civilization and culture. The rules given by ‘Jaimini’, the author of Mimamsat Sutras, originally meant for srutis were employed for the interpretation of Smritis also. (Law Commission of India, 60th Report, Chapter 2, para 2.2). The concept of interpretation of a Statute cannot be static one. Interpretation of statutes becomes an ongoing exercise as newer facts and conditions continue to arise.

We can say, interpretation of Statutes is required for two basic reasons viz. to ascertain: •

Legislative Language - Legislative language may be complicated for a layman, and hence may require interpretation; and

•

Legislative Intent - The intention of legislature or Legislative intent assimilates two aspects: i. the concept of ‘meaning’, i.e., what the word means; and ii. the concept of ‘purpose’ and ‘object’ or the ‘reason’ or ‘spirit’ pervading through the statute.

Necessity of interpretation would arise only where the language of a statutory provision is ambiguous, not clear or where two views are possible or where the provision gives a different meaning defeating the object of the statute. If the language is clear and unambiguous, no need of interpretation would arise. In this regard, a Constitution Bench of five Judges of the Supreme Court in R.S. Nayak v A.R. Antulay, AIR 1984 SC 684 has held: “… If the words of the Statute are clear and unambiguous, it is the plainest duty of the Court to give effect to the natural meaning of the words used in the provision. The question of construction arises only in the event of an ambiguity or the plain meaning of the words used in the Statute would be self defeating.” (para 18) Again Supreme Court in Grasim Industries Ltd. v Collector of Customs, Bombay, (2002)4 SCC 297 has followed the same principle and observed: “Where the words are clear and there is no obscurity, and there is no ambiguity and the intention of the legislature is clearly conveyed, there is no scope for court to take upon itself the task of amending or altering the statutory provisions.” (para 10) The purpose of Interpretation of Statutes is to help the Judge to ascertain the intention of the Legislature – not to control that intention or to confine it within the limits, which the Judge may deem reasonable or expedient. Some Important points to remember in t...