… But in many cases, there is some ambiguity or vagueness in the words of the statute that must be resolved by the judge. Some amount of interpretation is often necessary when a case involves a statute. Statutory interpretation is the process by which courts interpret and apply legislation. These principles are sometimes called ‘rules of interpretation’.
The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. It is the process of ascertaining the true meaning of the words used in a statute. The art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning. The purpose behind interpretation is to clarify the meaning of the words used in the statutes which might not be that clear. There can be mischief in the statute which is required to be cured, and this can be done by applying various norms and theories of interpretation which might go against the literal meaning at times. It is also used for ascertaining the actual connotation of any Act or document with the actual intention of the legislature. 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.īecause 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. Various sources used are only limited to explore the written text and clarify what exactly has been indicated by the words used in the written text or the statutes. This basically involves an act of discovering the true meaning of the language which has been used in the statute. Interpretation is the process of explaining, expounding and translating any text or anything in written form. The term has been derived from the Latin term ‘interpretari’, which means Hence, all the rules mentioned in the article are important for providing justice.
It is not necessary that the words used in a statute are always clear, explicit and unambiguous and thus, in such cases it is very essential for courts to determine a clear and explicit meaning of the words or phrases used by the legislature and at the same time remove all the doubts if any. Enacted laws, especially the modern acts and rules, are drafted by legal experts and it could be expected that the language used will leave little room for interpretation or construction.īut the experience of all those who have to bear and share the task of application of the law has been different.
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