What is Interpretation?

• Interpretation: The word "interpretation" is derived from the word "interpret," which means to explain, translate, expound, or understand.
  • In other words: "The action of explaining something to someone."
  • In legal meaning, interpretation refers to the art of finding out the true meaning of an enactment made by a legislative body or understanding the intention of the legislature.
     
• Maxwell: "The will of the legislature."
   
• Salmond: "Interpretation is the process by which courts seek to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed."
   
• In the Indian Constitution:
  • We in India use the word "laws" instead of "statutes."
  • Article 13(3): "Law" includes any ordinance, order, bye-law, rule, regulation, notification, custom, or usage having the force of law in the territory of India.
     
• Laws in India:
  • Part XI of the Constitution: "Relations between the Union and States," Chapter 1, "Legislative Relations" [Article 245 to 255], mentions the provisions for how laws are made in India.
  • Article 246: Subject matters of laws made by Parliament and the legislature of states are mentioned in the Seventh Schedule:
    1. Union List
    2. State List
    3. Concurrent List
  • Article 123: Power of the President to promulgate ordinances during the recess of Parliament.
  • Article 213: Power of the Governor to promulgate ordinances during the recess of the Legislative Assembly.

 

The General Principles of Interpretation

There are certain general principles of interpretation which have been applied by court from time to time, there are following:

1. The Literal Interpretation
2. The Mischief Rule of Interpretation
3. The Golden Rule of Interpretation
4. Harmonious Construction
5. The Statute Should Be Read as a Whole
6. Construction ut res magis valeat quam pereat
7. Identical Expressions to Have Same Meaning
8. Construction noscitur a sociis
9. Construction ejusdem generis
10. Construction expression unius est exclusion alterius
11. Construction contemporanea exposition est fortissima in lege
     

Literal or Grammatical Interpretation

Literal or grammatical interpretation means that the words of an enactment are to be given their ordinary and natural meaning. If such meaning is clear and unambiguous, effect should be given to a provision of a statute whatever the consequences. The basis of this principle is to determine whether the intention of the legislature is fulfilled or not. This rule has been called the best rule of interpretation. The language of a statute should be plain, and the only duty of the court is to give effect to it. Absoluta sentantia expositore non indigent-plain words need no explanation.

The Mischief Rule

The mischief rule of interpretation originated in Heydon's Case (1584). This rule requires judges to consider:

1. What was the common law before the making of the Act?
2. What was the mischief and defect for which the common law did not provide?
3. What remedy the Parliament had resolved and appointed to cure the defect?
4. The true reason of the remedy.

Judges must suppress the mischief and advance the remedy. This principle is also known as the rule of purposive construction.
 

The Golden Rule

The golden rule is a modification of grammatical interpretation. If the literal meaning leads to absurdity, inconvenience, or injustice, the court must modify the meaning to prevent such consequences. This rule resolves issues while maintaining the legislative intent.
 

Harmonious Construction

When two or more provisions of the same statute are in conflict, they should be interpreted in such a manner as to harmonize them rather than render any provision useless.
 

The Statute Should Be Read as a Whole

A statute should be read as a whole to understand its true meaning. A provision cannot be interpreted in isolation; other sections of the statute can influence its interpretation.
 

Construction ut res magis valeat quam pereat

This principle means that where alternative interpretations are possible, the one that ensures the smooth functioning of the statute should be adopted.

Identical Expressions to Have Same Meaning

When the legislature uses the same expression in a statute, it is assumed to bear the same meaning throughout, unless context dictates otherwise.
 

Construction noscitur a sociis

This rule implies that words must be understood in their context. Words associated together should be understood in relation to each other.
 

Construction ejusdem generis

When general words follow specific words, the general words are limited to the same kind as the specific ones.

10. Construction expression unius est exclusion alterius

This maxim means that the mention of one thing implies the exclusion of others within the same category.
 

11. Construction contemporanea exposition est fortissima in lege

The best interpretation of a statute is that which has been given by contemporary authorities. Coke was the first person to propound this principle when speaking of the magna carta he observed that this and the like were the forms of ancient Act and graunts, and the ancient Acts and graunts must be construed and take as the law holden at that time they were made. Written By: Nitesh Rathore, BALLB - Mohanlal Sukhadia University