It is a cardinal principle of statutory interpretation, as observed by the Supreme Court in the case of Shri Ram v. State of Maharashtra, that where the language of an Act is clear and explicit, it must be given effect, regardless of the consequences. In such cases, the words of the statute reflect the intention of the Legislature.

If any statutory provision is capable of only one construction, the Court cannot adopt a different construction merely because the alternative construction might lead to unreasonable or undesirable consequences. The question of consequences and policy considerations is relevant only where the provision is capable of more than one construction. In such cases, the Court is not concerned with the results that may ensue from giving the plain meaning to the words used by the Legislature.

If these results are unfortunate, it is for the Legislature to take action and remedy the defect in the law as enacted. It is not for the Court to usurp the function of the Legislature by straining the meaning and altering the clear terms of the law to evade consequences that, in the Court's opinion, may be problematic. This rule applies with particular vigor when interpreting penal statutes. Any expansion of the definition or any deeming fiction while interpreting the express provisions of the law is generally not permissible in criminal prosecution.

The Apex Court in Union of India v. Devakinandan has observed that it is not the duty of the Court to enlarge the scope or intention of the Legislature when the language of the provision is plain and unambiguous. The Court cannot rewrite or reframe legislation, as it lacks the power to legislate.

The power to legislate has not been conferred on the Courts. Even if there is a defect or omission in the words used by the Legislature, the Court cannot correct or address these deficiencies. The Courts are tasked with deciding what the law is, not what it should be. While the Courts may adopt a construction that aligns with the obvious intention of the Legislature, they cannot legislate themselves.

Written By: S Kundu & Associates
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