Interpretation of statue - Meaning, Types ,Elements

 Interpretation of statue - Meaning, Types ,Elements  

Origin of the term Statute 

The origin of statute is form old French 'estatus',

from the Late Latin 'statum' ,means law, regulation.

        It is said that 'statute' was first used on an Act of 55 of Henry lll.

Meaning of Statute-

The meaning of the term statute varies according to the connotation in which it is used. The following are the given meaning of the term 'statute':

1. A law enacted by a legislature.                          
2. An established law or rule, as of a corporation.                                                           
3. A written law passed by a legislative body.    
4. A formal enactment by a legislature.               
5. A law established by the act of legislative power.

Defination of the term Statute    

• According to Tomlins Law Dictionary," Statute signifies an act of the legislature".      
• Maxwell defines statute as the " will " of the legislature.                                                             
• According to Bac Abe, " I statute is the formal expression in writing of the wheel of the legislature in a statute ".

Elements or parts of statute 

Statute contains the following parts which will know as internal aids and basic tools of the interpretation of statute :

1. Title

It can be divided into parts

• Short title- ex- The Indian evidence Act 1872.                                                                        
•  Long title- ex- the prevention of food adulteration Act 1954 "an act to make provision for the prevention of adulteration of food.

2. Preamble

Preamble contains the main objectives of the Act. It is a key to open the minds of the makers of the Act.

3. Title of the chapter

The title of the chapter throws considered the light upon the meaning of that part and one should resume that the title correctly describe the object of the provisions of the chapter.

4. Marginal notes

Marginal notes is the key to the mind of the legislature according guidance in understanding their intention . It is merrily an abstract of the clause intended to catch the eye and furnishes are clue to the meaning and purpose of the section.

5. Heading

The heading prefixed to sections or set of sections are preamble to those sections. For instance the heating before section 172 to 190 of the Indian penal code is " of contempts of the lawful authority of public servants."

6. Interpretation clause or definition clause

The key terms and concepts used in the act or generally defined in the earlier part of a statute. Generally in statute section 2 or 3 content a section with a heading "Definitions".

7. Sections

Section constitute the principle or enacting part of a statute. Every section of a statute is a substantive element in itself.

8. Punctuations and brackets

Punctuations and brackets are given little weight in construction of a statute. If the statute  in question is found to be carefully punctuated, punctuation through a minor element, may be restored to for the purpose of construction .

9. Illustration

An illustration is appended to a section to make the situations of application be clear.

10. Proviso

Proviso is a clause which is happened at to a provision in an and making some condition stipulation, exception, or limitation upon the observance of which the operation of the act depends.

11. Explanation

Explanations are inserted whenever the legislature feels that are particular provision needs explaining and it is essential to remove doubts which may arise in the absence of it.

  

12. Schedules

Schedules added to the end to avoid burdening the sections in the statute with matters of accessive details and may form part of the statute and may be used in constructing provisions in the body of the act.

Classification or types of statute

Statute are of several times the statute have been classified from time to time -

 

1. Earlier classification 

• By date : the earliest attitude where divided into veteran and nova statue the according to the time there were passed.                           
• By extent : classification of statute by reference to the extent of their operation is not satisfactory as this has lead to certain confusion

2. Medieval classification

Medieval judges classified attitude into general and special. This lead to the further division of statutes into public and general as distinguished from private and special.

3. Early modern classification with reference to the extent of application

The modern classification begins from 1868. According to modern classification the statute are a public or private B general or local or personal.

4. Present day classification

At present statute have been classified based on method , object and with reference to duration.

 

Definition of interpretation of statute

Interpretation is the art or process of discovering and expounding the intent signification of the language used in a statute i.e. the meaning which the author designed it to convey to others.

              Interpretation of statute means a process of discovered or understanding the law. Through this process the code determine the intention of the legislation if any uncertainty , vague and ambiguity arises in the law.

According to Salmond: interpretation is the process by which courts sick to asserting the meaning of the legislature through the medium of authoritative forms in which it is expressed.

The purpose or object of interpretation of statute

1. To find out the intention of the legislation

The object of interpretation is to discovered what the legislature intended. This intention is to be ascertain from the text of enactment. 

                  The main purpose of interpretation is to find out what is expressly or impliedly meant by the language of the statute. Interpretation is a technique of judicial process by which the intention of the legislature is to be determined.

 

In case of Union of India V/s Filip Tiago De Gama The supreme court held that the paramount object in statutory interpretation is to discovered what the legislature intended.

2. To remove ambiguity

Ambiguity means uncertainty. When a particular word is said unambiguous it means that such word bears doubtful sense or uncertain meaning and it is open to or more than one meaning.

                  By the process of interpretation of statute the court tries to remove the ambiguity and tries to give justice to the citizen.

In case of keshavji Ravji and co   V/s.  CIT it was held that the need for interpretation arises when the words used in the statute are on their own terms  ambivalent and do not manifest the intention of the legislature.

Conclusion

Every nation has its own judicial system .The purpose of which is to grant justice to all . The court aims to interpret the law in such a manner that every citizen is ensured justice to all.