Interpretation of Statute - Basic Principles of Statutory Interpretation of Law

We will cover below fundamental rules of interpretation of statutes

1. Intention of Legislature

2. Statutes Must be read as a whole in it's context

3. Statutes must be construed to make it effective and workable: However plain the meaning be

Intention of Legislature

Legislatures have supreme authority in Law making. Courts while interpreting the law must strive to find out the real intention of Legislature.

Few things about intention of legislature

But applying this rule in practice is quite difficult. You know article 19 guarantees freedom, however freedom can be curtailed on the grounds of national security, morality etc. How far state can go in repressing fundamental rights ? What constitution maker intended regarding this provision? It's easy rule but difficult actually.

Here are some words about this rule by jurists/judges:

Statutes must be read as whole in it's context-"Ex Visceribus Actus"

Two important things. Provisions/words/clauses should not be read in isolation. And they must be read in it's context.

Few things about this rule:

Here the context have really really broader scope. 

Statute should be construed to make it effective and workable

This rule states that law should be construed in such way that it will make law effective and operative. Sometimes provisions in law may be vague and inconsistent.  No need to mark such Law as void, but deduce the meaning such that such Law can be made workable.

Remarks in one of the case:

Conclusion

Above are three basic principles of statutory interpretation of law. They look easy in theory but quite difficult in practice. Try answering the question of Article 19 and repression of fundamental rights.

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