What is Interpretation of statutes

1. What is the Interpretation of statutes?

Interpretation of statutes is the backbone of our legal system. This is the process of determining the meaning of any law. The term interpretation means “To give meaning to”. Governmental power has been divided into three wings namely the legislature, the executive and the judiciary. Interpretation of statutes to render justice is the primary function of the judiciary. Interpretation is the process to determine the meaning of the statutes or other legal provisions. These statutes are the primary source of most of the law jurisdictions. Statutes play a vital role in the regulation of all aspects of the society. The judiciary holds an essential responsibility of interpreting the existing statutes and laws. When courts administer justice in disputes they strictly adhere to the boundaries established by the framework, which includes various laws, statutes, the Constitution and delegated legislations. In nations, like India, the legal framework comprises a multitude of legislations and regulations. This interpretation of statutes is challenging and complex but this is the most important part of ensuring that, the law is applied fairly and uniformly. Statutes are the primary source of most jurisdiction in law. It is a law enacted by a legislative body. Statutes play the most vital role in regulating all aspect of our legal system. But at the same time, it can be quite complex, that time interpretation of statues comes in.

2. Objectives of Interpretation of Statutes 

The goals and objectives that interpretation of statutes seeks to achieve can be summarized as follows;

1. Understanding the intent of the legislators: The main goal of interpretation is to comprehend what the lawmakers intended when they made and passed a law. This involves analysing the language used in the statute taking into account its context and examining the circumstances surrounding its creation.
2. Achieving the purpose for which the statute was brought into force: Once we have determined the intent the next objective is to ensure that the purpose of the statute is fulfilled. This means interpreting it in a way that aligns with the goals intended by the lawmaker.
3. Protecting rights and freedoms: Statutory interpretation should also prioritize safeguarding an individual’s rights and liberties. It entails interpreting laws in a manner that does not unreasonably infringe upon people’s rights and freedoms but rather helps them
4. In addition, to these objectives, there may be aims for certain cases. For example, a court might interpret a statute in a way that minimizes its impact, on the economy or promotes welfare.

3. Classification of Statutes

Codified statutory law can be categorized as follows-

1. Codifying statutes – The purpose of this kind of statute is to give an authoritative statement of the rules of the law on a particular subject, which is customary laws. For example- The Hindu Marriage Act, of 1955 and The Hindu Succession Act, of 1956.

2. Consolidating statutes – This kind of statute covers and combines all laws on a particular subject in one place which was scattered and lying in different places. Here, the entire law is constituted in one place. For example- the Indian Penal Code or Code of Criminal Procedure.

3. Declaratory statutes – This kind of statute does an act of removing doubts, clarifying and improving the law based on the interpretation given by the court, which might not be suitable from the point of view of the parliament. For example- the definition of house property has been amended under the Income Tax (Amendment) Act, 1985 through the judgement of the supreme court.

4. Remedial statutes – Granting of new remedies for enforcing one’s rights can be done through the remedial statutes. The purpose of these kinds of statutes is to promote the general welfare for bringing social reforms through the system. These statutes have liberal interpretation and thus, are not interpreted through strict means. For example- The Maternity Benefits Act, of 1961, The Workmen’s Compensation Act, of 1923 etc.

5. Enabling statutes – The purpose of this statute is to enlarge a particular common law. For example- The Land Acquisition Act enables the government to acquire public property for the purpose of the public, which is otherwise not permissible.

6. Disabling statutes – It is the opposite of what is provided under the enabling statute. Here the rights conferred by common law are being cut down and are being restrained.

7. Penal statutes – The offences for various types of offences are provided through these statutes, and these provisions have to be imposed strictly. For example- The Indian Penal Code, 1860.

8. Taxing statutes – A tax is a form of revenue that is to be paid to the government. It can either be on income that an individual earns or on any other transaction. A taxing statute thus, levies taxes on all such transactions. There can be income tax, wealth tax, sales tax, gift tax, etc. Therefore, a tax can be levied only when it has been specifically expressed and provided by any statute.

9. Explanatory statutes – The term explanatory itself indicates that this type of statute explains the law and rectifies any omission left earlier in the enactment of the statutes. Further, ambiguities in the text are also clarified and checked upon the previous statutes.

10. Amending statutes – The statutes that operate to make changes in the provisions of the enactment to change the original law for making an improvement therein and for carrying out the provisions effectively for which the original law was passed are referred to as amending statutes. For example- The Code of Criminal Procedure 1973 amended the code of 1898.

11. Repealing statutes – A repealing statute is one that terminates an earlier statute and may be done in the express or explicit language of the statute. For example- The Competition Act, 2002 repealed the MRTP Act.

12. Curative or repealing statutes – these statutes, certain acts which would otherwise be illegal are validated by curing the illegality and enabling a particular line of action.