Introduction

INTERPRETATION OF STATUTES

Introduction

One of the most substantial and principal duties which are vested in the judiciary is the interpretation of the statutes or laws which are in force. When the courts deliver justice in a legal dispute, they strictly abide by the boundaries framed by the legal frameworks which encompass certain laws, statutes, The Constitution and delegated legislations. The legal framework of a democratic country like India includes a plethora of legislations and regulations. The Legislature with the compliance of the procedural Parliamentary rules, formulates and drafts certain written statutes and legislations. The courts deliver justice in a legal matter by interpreting the underlying principles in these legislations. The written laws are substantiated by the courts and justice is administered by the courts through the pronouncement of a verdict over the legal dispute. For the purpose of interpreting statutes and to prevent any wrongful interpretation of the laws, the court should follow certain rules to shape these laws. So, one of the most basic rules of interpretation is the Literal rule of Interpretation of statutes where the court interprets the wordings of the law as it is. However, there may be certain loopholes that may be found in the law due to which it does not interpret a straightforward understanding of the language of the statutes. It may lead to ambiguity and absurdity if the courts interpret the natural meaning of the language used in the statute. The maxim “A verbis legis non est recedendum” means that you must not vary the words of the statute while interpreting it. The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used. In Santi Swarup Sarkar v Pradeep Kumar Sarkar, the Supreme Court held that if two interpretations are possible of the same statute, the one that validates the statute must be preferred.