Interpretation of Statutes- Meaning, importance and difference with construction

Meaning and need of interpretation

Before going to into what does interpretation of statute mean, let's take one example. We all have been conferred with fundamental right of expression under article 19. But, but and but this right can be curbed by Government. Article specifies certain conditions under which this can be curbed. One of the phrase is "morality" and "decency" which is not defined in the act.

 Now who decides what morality is ? or What "decency" mean?  What is normal thing for Mumbai people, could be "immoral" or "indecent" for Khap Panchaya or some Baba. So how do you go ahead with the meaning of those phrases. 

So these are the problems under which interpretation of statute comes handy. This kind of situation may arise in different acts or statutes, or rules, or subrules etc.

So interpretation, in layman's term is decoding the meaning of word/phrases used in acts or laws in general. 

Salmond tried to defined in below terms

CROSS defined it as below

Interpretation is the process by which the Courts determine the meaning of the statutory provision for the purpose of applying it to the situation before them

 Difference between interpretation and construction

Jurist Thomas M Cooley describes the difference between interpretation and construction as below

 To understand real meaning of construction think of article 21. Article about right to life.

Court have constructed it in such way to carry on the spirit of law. In this case spirit of law in construed as right to dignity, right to livelihood (Olga Tellis) are all part of right to life.

 The difference is subtle. Many jurist like White J don't recognize difference in interpretation as well as construction though.

 

Legalfundaa

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