Various principles of interpretation of enacted law.
1) Introduction
One of the most important functions of the court is the interpretation of enacted law of the statute and such interpretation is the process by which courts interpret the law. Interpretation takes place whenever the meaning of a legal term is required. Lawyers and judges search for meaning by using different rules of interpretation. There are certain rules of interpretation of law which are used by courts during the interpretation of laws. This process is helping lawyers as well as judges in order to understand the law
2) Definition of interpretation
The process of finding the meaning of a written Law is called interpretation
3) Rules of interpretation of law
Following are the general rules for interpreting the laws. Details are as under.
1. Grammatical interpretation
In Grammatical interpretation of law, court only interprets the meaning of the words but court does not go beyond the legal meaning of the law.
Defects in grammatical interpretation
Following are the three logical defects in grammatical interpretation
1) The language of the law can be vague
2) The language can be inconsistent which can destroy the meaning
3) The law itself can be incomplete
2. Golden rule
In the golden rule, court goes beyond the legal meaning of the words when the words of the statute are not clear in order to avoid any kind of discrepancy in result.
3. Casus omissus rule
According to this rule, it is not the duty of the court to enact the laws while it is the function of a legislative body. Law’s correction is the duty of legislature and it is not the duty of courts
4. Mischief rule
In the mischief rule, the court tries to find out the “mischiefs and defects” and “real intention” of the law giver in order to implement a remedy for any breach.
Heydon case
The origin of the mischief rule is Haydon’s case in which four things were observed
1) What was the common law before the making of the ACT
2) What was the mischief and defect which the common law did not provide
3) What remedy the parliament has imposed and appointed to cure the disease
4) The true reason of the remedy and judges destroy the mischief and advance the remedy
5. Rule of ejusdem generis
According to this rule, when a court refers to automobiles, trucks, tractors, motorcycles, and other vehicles and uses the term ejusdem generis in support of other same thing, and such vehicles would not include aeroplanes, because the list included only land-based transportation
6. Logical interpretation
In logical interpretation, courts are allowed to depart from the letters of law and try to find out the true intention of the legislatures. Logical interpretation is comparison of the statute
with other statute and study of circumstances in which statute was passed”
7. Sociological interpretation
In sociological interpretation, court refers the history of social movements and circumstances which were exist at the time of legislation in order to find the intention of law giver
8. Strict interpretation
In strict interpretation, Court makes interpretation of unclear terms of law when a language is unable to provide exact and clear meaning of the law
9. Equitable interpretation
In equitable interpretation, the court makes interpretation of enacted law by narrowing or making larger the letter of the law. Such kind of interpretation is equitable interpretation
10. Restrictive interpretation
In restrictive interpretation, court applies restrictive interpretation when court wants to get exact meaning of a law .This is a restrictive interpretation
11. Extensive interpretation
In extensive interpretation, court applies extensive interpretation when court aims to stretch the word from narrower to the wider sense .This is extensive interpretation
12. Historical interpretation
In historical interpretation, court uses historical interpretation when language of statute does not provide the real intention of the law giver and court unable to understand the language used in statute
13. Equity of a statute
Term equity of statute which developed hundreds of years ago when plaintiffs would go to the King and complain of inflexible rules of common law which prevented "justice" from prevailing. And the reason is that law didn’t make rules for all cases in express terms
14. Whole construction
In whole construction, court interprets the whole law and covers all clauses of the law instead of partial interpretation in order to get the real intention of the law giver
15. Plain construction
In plain construction, court does not interpret the laws if the words of law are clear and understandable, it will be enforced same as it is, if the result may appear harsh, unfair or inconvenient
16. In accordance with policy of statute
The interpretation of an enacted law should be in accordance with the policy and object of the enacted law
17. Retrospective effect
The general rule of interpretation is that no retrospective effect will be implemented on a law, keeping in view the past incidents Example if a person made a criminal act that was not criminal act at the time it was done
18. Rejection of technicalities
According to this rule, court rejects the technicalities during the interpretation of enacted law because court does not believe on technicalities but facts
19. Rules of presumptions
Following are some rules, which need to be kept in mind during interpretation of law.
I. Legislature does not make mistake
It is always to be presumed that the legislature does not make mistake
If he does make the mistake it needs to be corrected
II. Legislature not intended inconvenience
It is always to be presumed that legislature does not intend inconvenience Legislature always wanted to produce justice from his enactment
III. Legislature does not alter the existing law
It is always to be presumed that the legislature does not intend any alteration in the existing law. Statute should not be interpreted if it hurts the general law or fundamental rules of law
IV. Legislature does not interfere with vested rights
It is always to be presumed that legislature not interfere with persons rights without compensation
V. Statute not violate international law
Another presumption is that statutes do not violate the principle of international law.
4) Conclusion
It is the duty of the legislature to enact and make law and it is the duty of courts to interpret it and apply it according to certain rules of interpretation. Judges are legally bound to interpret the enacted law according to legal principles. Courts and judges can never interpret the laws on their own discretion. Such kind of interpretation abolishes a lot of mistakes from existing rule of law for the better administration of justice