Interpretation of statutes is the correct understanding of the law. This process is commonly adopted by the courts for determining the exact intention of the legislature. 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.
The Constitution does not use the terms ‘statute’ though one finds the terms ‘law’
used at many places. The terms ‘law’ is defined as including any ordinance, order,
bye-law, rule, regulation, notification, and the like.
In short ‘statute’ signifies written law in contradiction to unwritten law.
‘Document’: Generally understood, a document is a paper or other material thing
giving information, proof or evidence of anything.
The Law defines ‘document’ in a more technical form. Section 3 of the Indian Evidence Act, 1872 states that ‘document’ means any matter expressed or described upon any substance by means of letters, figures or marks or by more than one of those means, intended
to be used, or which may be used, for the purpose of recording that matter.
Example: A writing is a document, any words printed, photographed are documents.
Section 3(18) of the General Clauses Act, 1897 states that the term ‘document’ shall
include any matter written, expressed or described upon any substance by means of
letters, figures or marks, or by more than one of those means which is intended to be
used, or which may be used, for the purpose of recording this matter.
Generally, documents comprise of following four elements:
(i) Matter—
This is the first element. Its usage with the word “any” shows that the definition of document is comprehensive.
(ii) Record—
This second element must be certain mutual or mechanical device employed on the substance. It must be by writing, expression or description.
(iii) Substance—
This is the third element on which a mental or intellectual elements comes to find a permanent form.
(iv) Means—
This represents forth element by which such permanent form is acquired and those can be letters, any figures, marks, symbols which can be used to communicate between two persons.
Difference between Interpretation and Construction:
Interpretation is of finding out the true sense of any form and the construction is the drawing of conclusion respecting subjects that lie beyond the direct expression of the text. [Bhagwati Prasad Kedia v. C.I.T,(2001)]
Where the Court adheres to the plain meaning of the language used by the legislature, it would be ‘interpretation’ of the words, but where the meaning is not plain, the court has to decide whether the wording was meant to cover the situation before the court. Here the court would be resorting to what is called ‘construction’.
‘Interpretation’ and ‘Construction’ overlap each other and it is rather difficult to state where ‘interpretation’ leaves off and ‘construction’ begins.
Rules of Interpretation/Construction
Primary Rules
• Rule of Literal Construction
It is the cardinal rule of construction that words, sentences and phrases of a statute should be read in their ordinary, natural and grammatical meaning so that they may have
effect in their widest amplitude.
At the same time, the elementary rule of construction has to be borne in mind that words and phrases of technical nature are ‘prima facie’ used in their technical meaning, if they have any, and otherwise in their ordinary popular meaning.
When the language of the statute is plain and unambiguous and admits of only one meaning, no question of construction of a statute arises, for the Act speaks for itself.
The meaning must be collected from the expressed intention of the legislature (State of U.P. v. Vijay Anand, AIR 1963 SC 946).
A word which has a definite and clear meaning should be interpreted with that meaning only, irrespective of its consequences.
• Rule of Reasonable Construction
Generally the words or phrases of a statute are to be given their ordinary or “literal” meaning. But when the grammatical or literal construction leads to a manifest absurdity
then the courts shall interpret the statute so as to resolve the inconsistency and make the enactment a consistent whole.
This principle is based on the rule that the words of a statute must be construed reasonably so as to give effect to the enactment rather than reduce it to a futility. (Interpretatio fienda est ut res magis valeat quam pereat) Hence this rule is called the Rule of Reasonable Construction.
So, while interpreting a law, two meanings are possible, one making the statute absolutely vague and meaningless and other leading to certainty and a meaningful interpretation, in such case the latter interpretation should be followed. (Pratap Singh v State of Jharkhand (2005)3 SCC 551).
• Rule of Harmonious Construction
• Rule of Beneficial Construction
• Rule of Exceptional Construction
• Rule of Ejusdem Generis
Secondary Rules
• Effect of usage
• Associated Words to be Understood in Common Sense Manner
Note: Answers highlighted in Green are right answers.
51. What Statute is an aid in the interpretation of Statutes?
a. General Clauses Act, 1897
b. Interpretation of Statutes Act, 1897
c. Law of Legislations, 1897
d. All of the above
52. While applying the literal rule of interpretation, it is important to keep in mind the:
a. language
b. theme
c. context
d. applicability
53. Illustration: While interpreting a statute, one has internal and external aids to construction. Question: Which of the following in not an Internal aid to construction?
a. long title
b. preamble
c. headings
d. definitions
e. Parliamentary history
54. Delegatus non potest delegare
a. Debtor follows the person of the debtor
b. An action does not arise from a bare promise
c. A delegated power cannot be further delegated
d. The law does not concern itself with trifling matters
55. expressumn facit cessare tacitum
a. Private disadvantage is counter balanced by public good.
b. The reason of a decision.
c. An action does not arise from a bare promise
d. express mention of one person or thing is exclusion of another.
56. Generalia specialibus non derogant
a. The king can do no wrong.
b. general things do not derogate from special things.
c. The land passes with its burdens.
d. An accessory follows the principal.
57. Utres valet potior quam pareat.
a. it may rather become operative than null.
b. A matter adjudged is taken for truth.
c. An accessory follows the principal.
d. The land passes with its burdens.
58. Expressum facit cessare tacitum.
a. Private disadvantage is counter balanced by public good.
b. what is expressed makes what is implied to cease.
c. An accessory follows the principal.
d. A matter adjudged is taken for truth.
59. Judicium simper pro veritate accipitur
a. A judgment always accepted as true
b. A judgment pronounced by a judge to decide in a matter falling within his jurisdiction is of no effect
c. In equal delict, the position of the defender is the stronger
d. The immediate and not the remote cause is to be considered
60. Supreme Courts precedent in binding on
a. Courts
b. Appellate Tribunals
c. Income Tax Authorities
d. All of the above.
61. In which of the following cases free and fair election is recognized as basic structure of Indian Constitution?
a. Indira Gandhi V- Raj Narayan
b. Minerva Mills V- Union of India
c. Both (A) and (B) above
d. None of the above
62. Doctrine of Separation of Powers was systematically formulated by
a. Plato
b. Montesquieu
c. Dicey
d. Aristotle
63. ‘Rule of Law’ means
a. Supremacy of Judiciary
b. Supremacy of Law
c. Equality before Law
d. Supremacy of Parliament
64. Which one of the following statement is true?
a. Delegated legislation cannot have retrospective effect-
b. Delegated legislation can have retrospective effect, if authorized by Act or Statute-
c. Delegated legislation can have retrospective effect, if not authorized by Act or Statute but have reasonable and rational justification-
d. None of the above-
65. Which of the following interpretations of the Constitution regarding the utility of Directives is/are found to be correct?
I. Even though the implementation of a Directive Principle may cause hardship to a few individuals, it should be upheld in the larger interests of the community.
II. In view of the absolute prohibition of consumption of liquor in Article 47, there cannot be any fundamental right to manufacture and sell intoxicating liquor.
a. I and II
b. Neither I nor II
c. Only I
d. Only II
66. The legislative process includes the process of implementing and enforcing the law once made.
a True
b False
67. Which of the following statements accurately capture Dicey’s view on the limitations which exist on Parliament’s law-making powers?
a. Parliament’s law-making powers are subject to external and internal political limits.
b. Parliament’s law-making powers are not subject to any limits.
c. Parliament’s law-making powers are subject to legal limitations.
d. Parliament’s law-making powers are subject to legal and political limitations.
68. who is the final answer to interpret the constitution
a. The President
b. The Parliament
c. The lok Sabha
d. The Supreme Court
69. The power of Supreme Court to decide the dispute between the centre and the states falls under its
a. Advisory Jurisdiction
b. Appellate Jurisdiction
c. Original Jurisdiction
d. Advisory and appellate Jurisdiction
70. When may judges apply the golden rule?
a. When the mischief rule can’t be applied
b. In the same circumstances as the purposive approach
c. When applying the literal would be unfair
d. When applying the literal rule leads to an absurd or repugnant result
Here are the some multi-choice questions enlisted for preparation for Pre Examination online Test, E-Learning ICAI & LAWs Law Examination. These Multi-choice questions or MCQs can help you in your CS & CA and other law related exams. We have also provided Online exam solved answers for your preparation.
71. Formal legal document which creates or confirms a right or record a fact is a—
(a) Document
(b) Deed
(c) Statute
(d) Instrument
72. Which among the following is the cardinal rule of construction of statutes—
(a) Harmonious Rule of construction
(b) Beneficial Rule of construction
(c) Literal Rule of construction
(d) Reasonable Rule of construction
73. Rule of Reasonable Construction is based on the maxim—
(a) Absolut asentenia expositor non indigent
(b) Ut res magis valeat quam pareat
(c) Quo facit per alium facit per se
(d) contemporanea expositio
74. Rule of Beneficial construction is also known as—
(a) Purposive construction
(b) Mischieve Rule
(c) Heydons’s Rule
(d) All of the Above
75. Pick the odd one out of the following aids to interpretation—
(a) Preamble
(b) Marginal Notes
(c) Proviso
(d) Usage
76. Which rule of construction is applicable where there is a real and not merely
apparent conflict between the provisions of an Act, and one of them has not
been made subject to the other—
(a) Rule of Beneficial construction
(b) Rule of Literal construction
(c) Rule of Harmonious construction
(d) Rule of Exceptional construction
77. An internal aid that may be added to include something within the section
or to exclude something from it, is—
(a) Proviso
(b) Explanation
(c) Schedule
(d) Illustrations
78. An aid that expresses the scope, object and purpose of the Act—
(a) Title of the Act
(b) Heading of the Chapter
(c) Preamble
(d) Definitional sections
Question and Answer
Question 1: Explain the rule of ‘beneficial construction’ while interpreting the statutes quoting an example.
Answer: Where the language used in a statute is capable of more than one interpretation,
the most firmly established rule for construction is the principle laid down in the Heydon’s case.
This rule enables, consideration of four matters in constituting an act :
(1) what was the law before making of the Act,
(2) what was the mischief or defect for which the law did not provide,
(3) what is the remedy that the Act has provided, and
(4) what is the reason for the remedy.
The rule then directs that the courts must adopt that construction which ‘shall suppress the mischief and advance the remedy’. Therefore even in a case wherethe usual meaning of the language used falls short of the whole object of the legislature, a more extended meaning may be attributed to the words, provided they are fairly susceptible of it.
If the object of any enactment is public safety, then its working must be interpreted widely to give effect to that object. Thus in the case of Workmen’s Compensation Act, 1923 the main object being provision of compensation to workmen, it was held that the Act ought to be so construed, as far as possible, so as to give effect to its primary provisions.
However, it has been emphasized by the Supreme Court that the rule in Heydon’s case is applicable only when the words used are ambiguous and are reasonably capable of more than one meaning [CIT v. Sodra Devi (1957) 32 ITR 615 (SC)].
Question 2: Explain the principles of “Grammatical Interpretation” and “Logical Interpretation” of a Statute. What are the duties of a court in this regard?
Answer: Principles of Grammatical Interpretation and Logical Interpretation: In order
to ascertain the meaning of any law/ statute the principles of Grammatical and Logical Interpretation is applied to conclude the real meaning of the law and the intention of the legislature behind enacting it.
Meaning: Grammatical interpretation concerns itself exclusively with the verbal expression of law. It does not go beyond the letter of the law, whereas Logical interpretation on the other hand, seeks more satisfactory evidence of the true intention of the legislature.
Application of the principles in the court:
In all ordinary cases, the grammatical interpretation is the sole form allowable. The court cannot delete or add to modify the letter of the law. However, where the letter of the law is logically defective on account of ambiguity, inconsistency or incompleteness, the court is under a duty to travel beyond the letter of law so as to determine the true intentions of the legislature. So that a statute is enforceable at law, however, unreasonable it may be. The duty of the court is to administer the law as it stands rather it is just or unreasonable.
However, if there are two possible constructions of a clause, the courts may prefer the logical construction which emerges from the setting in which the clause appears and the circumstances in which it came to be enacted and also the words used therein.
Question 3: What is the effect of proviso? Does it qualify the main provisions of an
Enactment?
Answer :Normally a Proviso is added to a section of an Act to except something or qualify something stated in that particular section to which it is added. A proviso should not be, ordinarily, interpreted as a general rule. A proviso to a particular section carves out an exception to the main provision to which it has been enacted as a Proviso and to no other provision. [Ram Narian Sons Ltd. Vs. Commissioner of Sales Tax AIR (1955) S.C. 765]
Question 4: Does an explanation added to a section widen the ambit of a section?
Answer: Sometimes an explanation is added to a section of an Act for the purpose of
explaining the main provisions contained in that section. If there is some ambiguity in the provisions of the main section, the explanation is inserted to harmonise and clear up and ambiguity in the main section. Something may added be to or something may be excluded from the main provision by insertion of an explanation. But the explanation should not be construed to widen the ambit of the section.
Question 5: Gaurav Textile Company Limited has entered into a contract with a Company. You are invited to read and interpret the document of contract. What rules of interpretation of deeds and documents would you apply while doing so?
Answer: The rules regarding interpretation of deeds and documents are as follows :
First and the foremost point that has to be borne in mind is that one has to find out what reasonable man, who has taken care to inform himself of the surrounding circumstances of a deed or a document, and of its scope and intendments, would understand by the words used in that deed or document.
It is inexpedient to construe the terms of one deed by reference to the terms of another. Further, it is well established that the same word cannot have two different meanings in the same documents, unless the context compels the
adoption of such a rule.
The Golden Rule is to ascertain the intention of the parties of the instrument after considering all the words in the documents/deed concerned in their ordinary, natural sense. For this purpose, the relevant portions of the document have to be considered as a whole. The circumstances in which the particular words have been used have also to be taken into account.
Very often, the status and training of the parties using the words have also to be taken into account as the same words maybe used by a ordinary person in one sense and by a trained person or a specialist in quite another sense and a special sense. It has also to be considered that very many words are used in more than one sense. It may happen that the same word understood in one sense will give effect to all the clauses in the deed
while taken in another sense might render one or more of the clauses ineffective.
In such a case the word should be understood in the former and not in the latter
sense. It may also happen that there is a conflict between two or more clauses of the
same documents. An effect must be made to resolve the conflict by interpreting the clauses so that all the clauses are given effect. If, however, it is not possible to give effect of all of them, then it is the earlier clause that will override the latter one.
Question 5:How will you interpret the definitions in a statute, if the following words are used in a statute?
(i) Means, (ii) Includes Give one illustration for each of the above from statutes you are familiar with.
Answer: Interpretation of the words “Means” and “Includes” in the definitions- The definition of a word or expression in the definition section may either be restricting of its ordinary meaning or may be extensive of the same.
When a word is defined to ‘mean’ such and such, the definition is ‘prima facie’ restrictive and exhaustive, we must restrict the meaning of the word to that given in the definition section.
But where the word is defined to ‘include’ such and such, the definition is ‘prima facie’ extensive, here the word defined is not restricted to the meaning assigned to it but has extensive meaning which also includes the meaning assigned to it in the definition section.
Example— Definition of Director [section 2(34) of the Companies Act, 2013]—Director meansa director appointed to the board of a company. The word “means” suggests exhaustive definition.
Definition of Whole time director [Section 2(94) of the Companies Act, 2013]— Whole time director includes a director in the whole time employment of the company. The word “includes” suggests extensive definition. Other directors may be included in the category of the whole time director.
Question 6: Differentiate Mandatory Provision from a Directory Provision. What factors decide whether a provision is directory or mandatory?
Answer: Practically speaking, the distinction between a provision which is ‘mandatory’ and
one which is ‘directory’ is that when it is mandatory, it must be strictly observed; when it is ‘directory’ it would be sufficient that it is substantially complied with.
However, we have to look to the substance and not merely the form, an enactment in mandatory form might substantially be directory and, conversely, a statute in directory form may in substance be mandatory. Hence, it is the substance that counts and must take precedence over mere form.
If a provision gives a power coupled with a duty, it is mandatory: whether it is or is not so would depend on such consideration as:
− the nature of the thing empowered to be done,
− the object for which it is done, and
− the person for whose benefit the power is to be exercised.
Question 7: Define Grammatical Interpretation. What are the exceptions to grammatical interpretation?
Answer: Grammatical Interpretation and its exceptions: ‘Grammatical interpretation’ concerns itself exclusively with the verbal expression of the law, it does not go beyond the letter of the law. In all ordinary cases, ‘grammatical interpretation’ is the sole form allowable. The Court cannot take from or add to modify the letter of the law. This rule, however, is subject to some exceptions:
(i) Where the letter of the law is logically defective on account of ambiguity, inconsistency or incompleteness. As regard the defect to ambiguity, the Court is under a duty to travel beyond the letter of the law so as to determine from the other sources the true intention of the legislature. In the case of the statutory expression being defective on account of inconsistency, the court must ascertain the spirit of the law.
(2) If the text leads to a result which is so unreasonable that it is self-evident that the legislature could not mean what it says, the court may resolve such impasse by inferring logically the intention of the legislature.
Question 8: Write short note on:
(i) Provision
(ii) Explanation,
with reference to interpretation of Statutes, Deeds and Documents.
Answer: (i) Proviso: The normal function of a proviso is to except something out of the
enactment or to qualify something stated in the enactment which would be within its purview if the proviso were not there. The effect of the proviso is to qualify the preceding enactment which is expressed in terms which are too general.
As a general rule, a proviso is added to an enactment to qualify or create an exception to what is in the enactment. Ordinarily a proviso is not interpreted as stating a general rule. It is a cardinal rule of interpretation that a proviso to a particular provision of a statute only embraces the field which is covered by the main provision.
(ii) Explanation: An Explanation is at times appended to a section to explain the meaning of the text of the section. An Explanation may be added to include something within the section or to exclude something from it. An Explanation should normally be so read as to harmonise with and clear up any ambiguity in the main section. It should not be so construed as to widen the ambit of the section. The meaning to be given to an explanation will really depend upon its terms and not on any theory of its purpose.
Question 9: Explain ‘Mischieve Rule’ for interpretation of statute. Also, give four matters it considers in construing an Act.
Answer: Mischieve Rule: Where the language used in a statute is capable of more than
one interpretation, principle laid down in the Heydon’s case is followed. This is known as ‘purposive construction’ or ‘mischieve rule’.
The rule then directs that the courts must adopt that construction which ‘shall suppress the mischief and advance the remedy’. It has been emphasized by the Supreme Court that the rule in Heydon’s case is applicable only when the words used are ambiguous and are reasonably capable of more than one meaning.
It enables consideration of four matters in construing an Act:
(1) what was the law before the making of the Act;
(2) what was the mischief or defect for which the law did not provide;
(3) what is the remedy that the Act has provided; and
(4) what is the reason for the remedy.
Question 10: Explain how ‘Dictionary Definitions’ can be of great help in interpreting / constructing an Act when the statute is ambiguous.
Answer: Dictionary Definitions: First we refer the Act in question to find out if any particular word or expression is defined in it. Where we find that a word is not defined in the Act itself, we may refer to dictionaries to find out the general sense in which that word is commonly understood.
However, in selecting one out of the several meanings of a word, we must always take into consideration the context in which it is used in the Act. It is the fundamental rule that the meanings of words and expressions used in an Act must take their colour from the context in which they appear. Further, judicial decisions laying down the meaning of words in construing statutes in pari materia will have greater weight than the meaning furnished by dictionaries. However, for technical terms, reference may be made to technical dictionaries.
