Interpretation of Statutes
INTERPRETATION OF STATUTES
INTRODUCTION
It is a well established fact that the legislature is highest law making body and the court is merely an interpreter of the law. But actually the fact is by interpreting the law the court can make comprehensive changes in the actual implementation and overall maneuver of the law.
Moving further, to understand everything about interpretation which has been gradually evolved in modern context from ancient Indian rules with the help of follows up of different rules/doctrines in different situations which has arisen for different statutes. In light of this evolution, the utmost important aspect to understand for us is the meaning of term ‘statute, the very first term on which emphasis of the whole submission lies.
The word ‘Statute’ generally is defined as the written will of the legislature solemnly expressed according to the forms necessary to constitute it the law of the State. Normally, the term denotes personification of authoritative blueprint and words used in the same constitute part of law. These blueprints are chief source of law which is known as legislation. The other sources are precedents and customs. Each of these sources finds its expression in a language or words used by authorities. Many times the use of language in the legislation even does not carry the clear cut meaning in dictionaries. It contains many alternative meanings applicable in different contexts and for different purposes so that no clear field for the application of a word becomes identified. In such a situation, importance of interpretation comes into picture. For proper and healthy application of law, it is important to have uniform expansion of language or words used by the authorities/law-makers. In a case, if one judge takes the narrow view and the other the broad one, the law will connote different things for different persons and soon there will be race for window shopping for justice. Moreover, we always need to keep in mind that
INTRODUCTION
It is a well established fact that the legislature is highest law making body and the court is merely an interpreter of the law. But actually the fact is by interpreting the law the court can make comprehensive changes in the actual implementation and overall maneuver of the law.
Moving further, to understand everything about interpretation which has been gradually evolved in modern context from ancient Indian rules with the help of follows up of different rules/doctrines in different situations which has arisen for different statutes. In light of this evolution, the utmost important aspect to understand for us is the meaning of term ‘statute, the very first term on which emphasis of the whole submission lies.
The word ‘Statute’ generally is defined as the written will of the legislature solemnly expressed according to the forms necessary to constitute it the law of the State. Normally, the term denotes personification of authoritative blueprint and words used in the same constitute part of law. These blueprints are chief source of law which is known as legislation. The other sources are precedents and customs. Each of these sources finds its expression in a language or words used by authorities. Many times the use of language in the legislation even does not carry the clear cut meaning in dictionaries. It contains many alternative meanings applicable in different contexts and for different purposes so that no clear field for the application of a word becomes identified. In such a situation, importance of interpretation comes into picture. For proper and healthy application of law, it is important to have uniform expansion of language or words used by the authorities/law-makers. In a case, if one judge takes the narrow view and the other the broad one, the law will connote different things for different persons and soon there will be race for window shopping for justice. Moreover, we always need to keep in mind that