MEANING OF INTERPRETATION & CONSTRUCTION

 INTRODUCTION

“The essence of law lies in the spirit, not its letter, for the letter is significant only as being the external manifestation of the intention that underlies it” - Salmond

The word ‘Interpretation’ is derived from the Latin term ‘interpretari’ which means to explain or expound or to understand or translate.

Interpretation is a process through which one arrives at the true and correct intention of the law-making body which is laid in the form of statutes.

This helps in finding out the intention of the author.

Interpretation of any word generally means to analyze the available word and come out with an opinion which is certain and clear.

This increases the ability of an individual to understand and explain it in his/her own way.

This helps to find out the ways to understand and analyse the statute, where it leads the interpreter to the whole new meaning which is completely different from the general meaning. 

It is necessary for all law students, lawyers, judges and anyone who belongs to the legal fraternity to know how to interpret the statute whenever a legislative house comes up with the new statute or an amendment because they will be dealing with these legislations on day to day basis.

The main intention of analyzing is to know the new changes which are being brought due to the legislation and the impacts of that legislation in society.

As we all know that our government is divided into three important wings which are: Legislature, Executive and Judiciary. Here legislature lays down the law and intends people to act according to the legislature

 

Usually, the interpretation of the statute is done by the judges, it is the primary function of the judge as a judicial head. proper meaning of the law and puts the law into operation. This helps in maintaining checks and balances between the wings.

Because the objective of the court is not only merely to read the law but is also to apply it in a meaningful manner to suit from case to case

There can be mischief in the statute which is required to be cured, and this can be done by applying various norms and theories of interpretation which might go against the literal meaning at times. The purpose behind interpretation is to clarify the meaning of the words used in the statutes which might not be that clear.

Interpretation tries to find out two things:

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

Legislative Intent – The intention of the legislature or Legislative intent assimilates two aspects

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 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.

 

DEFINATIONS:

SALMOND- Interpretation is a process by which the courts seeks to ascertain the meaning of a particular legislation through authoritative (scientific rules) form in which it is expressed.
Authoritative means to apply the scientific rules of interpretation.

KEETON- function of judge includes
Firstly, he has to decide the exact meaning of what the legislature actually said
Second, he must decide what the legislature intended to have said or ought to have said.

CROSS- it is a process by which a judge constructs from the words statute book a meaning

MAXWELL- object on interpretation is to determine what intention is conveyed, either expressly or impliedly by the language used to determine whether particular case or facts fall within its ambit.

State of Kerala v. Mathai Verghese and others, 1987 AIR 33 SCR(1) 317, in this case a person was caught along with the counterfeit/fake currency “dollars” and he was charged under section 120B, 498A, 498C and 420  read with section 511 and 34 of Indian Penal Code for possessing counterfeit currency. The accused contended before the court that a charge under section 489A and 489B of Indian Penal Code can only be levied in the case of counterfeiting of Indian currency notes and not in the case of counterfeiting of foreign currency notes. The court held that the word currency notes or bank note cannot be prefixed. The person was held liable to be charge-sheeted.

Pyare Lal v. Ram Chandra, the accused in this case, was prosecuted for selling the sweeten supari which was sweetened with the help of an artificial sweetener. He was prosecuted under the Food Adulteration Act. It was contended by Pyare Lal that supari is not a food item. The court held that the dictionary meaning is not always the correct meaning, thereby, the mischief rule must be applicable, and the interpretation which advances the remedy shall be taken into consideration. Therefore, the court held that the word ‘food’ is consumable by mouth and orally. Thus, his prosecution was held to be valid.

Kanwar Singh v. Delhi Administration, AIR 1965 SC 871.

Issues of the case were as follows- section 418 of Delhi Corporation Act, 1902 authorised the corporation to round up the cattle grazing on the government land. The MCD rounded up the cattle belonging to Kanwar Singh. The words used in the statute authorised the corporation to round up the abandoned cattle. It was contended by Kanwar Singh that the word abandoned means the loss of ownership and those cattle which were round up belonged to him and hence, was not abandoned. The court held that the mischief rule had to be applied and the word abandoned must be interpreted to mean let loose or left unattended and even the temporary loss of ownership would be covered as abandoned.

State of Punjab v. Quiser Jehan Begum, AIR 1963 SC 1604, a period of limitation was prescribed for, under section 18 of land acquisition act, 1844, that an appeal shall be filed for the announcement of the award within 6 months of the announcement of the compensation. Award was passed in the name of Quiser Jehan. It was intimated to her after the period of six months about this by her counsel. The appeal was filed beyond the period of six months. The appeal was rejected by the lower courts.

It was held by the court that the period of six months shall be counted from the time when Quiser Jehan had the knowledge because the interpretation was leading to absurdity. 

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’.

 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

DIFFERENCE  

INTERPRETATION	CONSTRUCTION
Art of finding true sense of the enactment by giving words their natural  meaning	It means drawing conclusion on the basis of enactment even if the enactment lacks specific words or word does not appear in it
Relates to words of statute	Relates to intention and true spirit
Resolves ambiguity	Creates subsidiary rules
Explanation method	Create meaning
General n simple meaning	Hidden meaning
Limited to the meaning of words	Wider power to look beyond literal meaning
Division of three pillars maintained	Judiciary may encroach on role of legislation

CWT V BEGUM AIR 1989 SC 1024

Though the words interpretation and construction are interchangeably used, the idea is somewhat different

Some Important Points

•  The intention of the legislature.
•  The statute must be read as a whole in its Context.
• The statute should be construed so as to make it Effective and Workable
• If meaning is plain, the effect must be given to it irrespective of consequences.
• The process of construction combines both literal --interpretation and purposive approaches- hidden meaning 

R.S. Nayak v A.R. Antulay

If the language is clear and unambiguous, no need for interpretation would arise. In this regard, a Constitution Bench of five Judges of the Supreme Court
If words of the statute are clear and unambiguous the its the plainest duty of the court to give effect to the natural meaning of the words used in the provision. Question of construction arises only in case of ambiguity or the plain meaning would be self defeating.

Grasim Industries v Collector of customs, Bombay

Where the words are clear and there is no obscurity and no ambiguity and the intention of legislature is clearly conveyed there is no scope for court to take upon itself the task of amending or altering the statutory provisions.

Purpose of interpretation is to help judge interpret the legislature not to control the intention or confine it. Judges therefore have to interpret statutes because of the gaps in law