Intention Attributable To The Legislation

Interpretation of statute – The Intention of Legislation
Introduction
The main intention behind the interpretation of the statute is to unlock the locks put by the
Legislature. The formal act of the Legislature in written form is known as statute. It declares
the will of the Legislature.
The art of finding out the original intention of enactment by giving the words of the
enactment their natural and ordinary meaning is known as Interpretation. Interpretation
haphazardly is not anticipated by the court, therefore there have been certain principles which
have evolved out of the continuous exercise by the Courts. These principles are sometimes
called ‘rules of interpretation’. [1]
Definition and meaning of interpretation
According to Salmond, Interpretation or construction is, “the process by which the court
seeks to ascertain the meaning of legislature through the medium of authoritative forms in
which it is expressed.” Cross defines, “Interpretation is a process by which the court
determines the meaning of a statutory provision. It is for the purpose of applying it to the
situations before them.
The term interpretations means “to give meaning to”.
Case law
– In “Nathibai V/s Maheshwari Samaj Kamola Trust”, the court held that the term
interpretation means that it is not open to co courts to curtail or enlarge the provision beyond
obvious meaning. Interpretation has to carry the object and meaning without distraction.
Importance of Interpretation of Statutes

Reasons why statutory interpretation is necessary
are as follows:

1. Inconsistency, unclear and ambiguous language can arise from the ambiguity of the laws
regarding the essence of the subject, various draughtsmen and the combination of legal and
technical language.
2. The will of the legislature is expressed generally in the form of statute and it is for the
court to find out the real intention of the legislature from the language used in the statute.
 The necessity of interpretation would arise only where the language of a statutory provision
is ambiguous, not clear or where two views are possible or where the provision gives a
different meaning defeating the object of the statute.
3. Object of interpretation of statute

The object of interpretation of statutes is to determine the intention of the legislature
conveyed expressly or impliedly in the language used.
Case law
: In “Santi Swarup Sarkar V/s Pradeep Kumar Sarkar”, the Supreme Court held that two
interpretations are possible of the same statute, the one which validates the statute must be
preferred.
Intention of Legislation
A statute is an edict of the legislature and the conventional way of interpreting or construing a
statute is to seek the "intention" of its maker. A statute is to be construed according "to the
intent of those that make it" and "the duty of judicature is to act upon the true intention of the
Legislature— the mens or sententia legis ".
The expression "intention of the Legislature" is a shorthand reference to the meaning of the
words used by the Legislature objectively determined with the guidance furnished by the
accepted principles of interpretation. The conventional way of interpreting a statute is to seek
the ‘intention’ of its maker. The duty of the judicature is to act upon the true intention of the
legislature. If a statutory provision to open to more than one interpretation, the court has to
choose that interpretation which represents the two intention of the legislature.
The intention of the legislature has two concepts – the first is the ‘concept of meaning’ it
conveys and second is the concept of ‘purpose and object’ or ‘reason & spirit’ pervading the
statute, purpose of construction, therefore combines both literal and purposive (logical)
approaches.
The most fair and rational method for interpreting a statute is by exploring the intention of the
legislature through the most natural and probable signs which are ‘either the words, the
context , the subject-matter the effects and consequences or the spirit and reason of the law.’
Guiding lines to frame intention of legislature are: – 
The context (pari materiae. external aid to interpretation).  The subject matter.  The effects
and consequences.  The spirit or reason of the law.
Intention of legislature is assessed either in express words or by necessary implication in
keeping mind the purpose or object of the statute. According to J , A mechanical
interpretation of the words and application of legislature intent devoid of concept will make
most of the remedial and beneficent legislation futile (ineffective). Judiciary would mold or
creatively interpret legislation as they are finishers, refiners and polishers of legislation. Case
law : “The Quary owners association V/s The State of Bihar”, AIR 2000 SC 2870; - words in
statute- dynamic meaning which gives full thrust and satisfaction to achieve objectivity
intended by legislature is to be adopted.
Case Law : “Aswini Kumar V/s Arabinda Bose”, in this case the petitioner argued that being
an advocate in the Supreme Court he had a right to act and plead all by himself without any
instructions from the attorney. The Supreme Court accepted this contention by a majority.
One of the minority judges held that , to find out the true intention of the legislature, it was
necessary to take all the parts of the statute together for interpreting any provision in it.
Case Law : “Newspapers Limited V/s State Industrial Tribunal”, the Supreme Court held the
reference had on the ground that it was not an industrial dispute of which the dismissed
employee was a workman of the employers. It was observed that the industrial dispute act as
a whole should be read while interpreting the constituent parts of it.
Conclusion Statutory interpretation is the court's primary role. The statute is passed by the
Legislature and is in the possession of the court to interpret it if there is a conflict. As it
reflects the will of the legislature in the form of a law. The starting point for interpretation is
the law The judges should only assume the role of interpreters and not the role of the
reformers which belong to the legislators and if they do so, such decisions can be overruled
and nullified legislators.

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Interpretation of statute – The Intention of Legislation

Importance of Interpretation of Statutes

3. Object of interpretation of statute

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