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 intended by the legislature.
The rule of interpretation of amending statutes states that if ambiguous words are used in the amending statute, then in such a situation the ambiguous word must be given meaning according to the previous statute except when contrary intention appears from the terms of statute.
Case- Vajravelu vs special deputy collector (AIR 1965 SC 1017)- In this case it was held that there is a well-known principle of construction, that where the legislature used in an Act a legal term which has received judicial interpretation, it must be assumed that the term is used in the sense in which it has been judicially interpreted unless a contrary intention appears.
Case- Diamond Sugar Mills vs State of Uttar Pradesh (AIR 1961 SC 652)- In this case it was held that when terms and phrases previously interpreted by the courts are employed by the legislature in future statutes replacing the earlier statute, a presumption arises in favor of the fact that these have been used in line with the meaning ascribed to them by courts.
INTERPRETATION OF CODIFYING STATUTE
Codifying statutes are the comprehensive pieces of legislation that systematically arrange and present the law on a specific subject in one document. The correct way to evaluate a codifying statute is to look at its language and inherent meaning, ignoring prior legal states, and then assess whether the enactment’s words support this interpretation.
Case- Bank of England vs Vagliano Brothers [(1891) JELR 80327 (HL)- In this case it was held that a codifying statute must be interpreted as per the language used in it and not in accordance with various judicial pronouncements made before the act was born.
INTERPRETATION OF CONSOLIDATING STATUTES
Consolidating statute refers to the statute that combine various statutory provisions on a particular subject into one comprehensive statute. For example The companies act, 1956 and other laws relating to companies get consolidated into the Companies act, 2013.
In interpreting the consolidating statute, it is presumed that the legislature did not intend to change the existing law because it has just collected all the statutes at one place and has not enacted any new legislation.
Case- The State of West Bengal vs Nripendra Nath Bagchi- In this case it was held by the supreme court that to find out the meaning of a law, recourse may legitimately be had to the prior state of the law, the evil sought to be removed and the process by which the law was evolved.
References:
- Interpretation of Statutes by Prof. T. Bhattacharya
- Interpretation of Statutes by BM Gandhi
