Interpretation of Statutes

The Constitution of India is the fundamental law of the land—but it must be interpreted in light of modern challenges. Legal interpretation involves understanding not just what is written, but also what is implied, restricted, or affected by constitutional values. The 10 most important doctrines of constitutional interpretation are as follows: Principle of Implied Power […]

This article contains following topics: Commencement of Statutes Repeal of Statutes Revival of Statutes Retrospective Operation of Statutes Presumption regarding Jurisdiction COMMENCEMENT OF STATUTES In India, section 3(13) of the General Clauses Acts of 1897 states that “the term commencement, when used in connection to an act or regulation, refers to the day on which

Aids of interpretation refers to the aids which help in interpreting the statutes. There are two types of aids of interpretation: Internal Aid of Interpretation External Aid of Interpretation INTERNAL AIDS OF INTERPRETATION Internal aids are the device that helps in the interpretation of statutes. They are present inside the statutes. Following are internal aids

This article contains following topics: Interpretation of Amending Statutes Interpretation of Codifying Statutes Interpretation of Consolidating Statutes INTERPRETATION OF AMENDING STATUTES Amending statutes refers to the statute which amends the existing law by adding or taking away some provisions in the act or to change the original act in order to carry out the purpose

There are various principles of interpretation of statute such as: Literal Rule of interpretation Mischief Rule of interpretation Golden rule of interpretation The statute should be read as whole Construction Ut Res Magis Valeat Quam  Pereat Identical expressions to have same meaning Construction Noscitur A Sociis Construction Ejusdem Generis Construction Expressio Unius Est Exclusio Alterius

This article covers the following key doctrines: Strict Construction of Penal Statutes Strict Construction of Fiscal Statutes STRICT CONSTRUCTION OF PENAL STATUTES One of the foundational principles of statutory interpretation is that penal statutes must be strictly construed. This means every word in such a statute should be interpreted as it is written—without expanding its

This article covers the following important doctrines: Doctrine of Harmonious Construction Doctrine of Beneficial Construction DOCTRINE OF HARMONIOUS CONSTRUCTION The Doctrine of Harmonious Construction is applied when there is a conflict between two or more provisions within the same statute or between different statutes. This doctrine ensures that the provisions are interpreted in a way

This article contains the following topics: Mischief Rule of Interpretation Golden Rule of Interpretation MISCHIEF RULE The Mischief Rule of interpretation originated in Heydon’s Case (1584). This rule aims to determine the “mischief” or defect in the previous law that the current statute seeks to remedy. It is also known as Heydon’s Rule or the

Literal interpretation means that the words of a statute must be given their plain, ordinary, and natural meaning, without adding or omitting anything. This principle is based on the Latin maxim: “Verbis legis non est recedendum” which means that,“There is no departure from the words of law.” If the meaning is clear, the court must

 Table of Contents What are Statutes? Parts of a Statute Classification of Statutes What are Statutes? Statutes are formal, written laws enacted by a legislative authority such as Parliament. These legal rules are enforceable within a specific jurisdiction and apply to individuals, entities, and government bodies alike. Once enacted, statutes are codified and published in