Interpretation of Statute:
Interpretation involves understanding the meaning of the law. Statute refers
to the written law itself. Through interpretation, the court is able to
uncover and clarify the true intent behind the provisions of a statute as
determined by the legislature.
Interpretation means understanding. When we talk about "statute," we mean a
written law. So, "interpretation" is like figuring out what the written laws
mean. The court, by interpreting these laws, helps us understand what the
Interpretation is like an art. It's about making sense of words. Think of it as
reading a book to understand the story. On the other hand, "construction" is
about drawing conclusions. It's like figuring out what the author wanted to say.
In interpretation, we look at the words and their usual meanings. In
construction, we try to find what the lawmakers really meant.
Principles of interpretation are like guides. These are like rules that the
court uses to understand the lawmaker's intentions. They are not strict laws but
more like helpful tools. They help the court find out what the lawmakers had in
mind when they made the law. So, these principles guide the court in making
sense of the laws.
Golden Rule of Interpretation:
The "Golden Rule of Interpretation" serves as a vital compromise within the
realm of legal interpretation, skilfully balancing the strict "plain meaning" or
"literal rule" with the more flexible "mischief rule." Let's delve into its
workings in more detail:
- A Bridge Between Plain Meaning and Mischief Rule: At its core, the Golden Rule strikes a harmonious balance between two significant approaches to interpreting the law. Like the plain meaning rule, it initially assigns words in a statute their plain and ordinary meaning.
- Departure from Literal Meaning: However, it also acknowledges that sometimes, strictly adhering to the plain meaning may lead to irrational or unintended results that are not in line with the legislature's true intent. In such cases, the judge has the authority to deviate from the literal meaning of the words. This flexibility is especially valuable in preventing outcomes that defy logic or fairness.
- Preferred Meaning in Ambiguity: In situations where a word within the statute can have multiple interpretations, the judge has the discretion to select the meaning that aligns most coherently with the broader context and purpose of the law. This choice of preferred meaning helps ensure that the interpretation is consistent with the legislature's intent.
- Avoiding Bad Decisions: Even when a word has only one possible meaning, the Golden Rule permits the judge to apply a completely different interpretation if adhering to the plain meaning would result in an unfavorable or unjust decision. This pragmatic approach aims to prevent outcomes that are in conflict with the principles of fairness and justice.
So, why is it called the "Golden Rule"? It earns this title because it is
regarded as a comprehensive solution to various challenges in interpretation.
The rule's essence is to begin with the literal rule, but if sticking to the
literal interpretation causes any form of ambiguity, injustice, inconvenience,
hardship, or inequity, the rule advises discarding the strict literal meaning.
Instead, the interpretation should be approached in a manner that upholds the
purpose and intent of the legislation.
In essence, the Golden Rule guides the courts to prioritize justice and reason
while interpreting the law. It accommodates both the straightforward application
of the text and the necessary adjustments required to prevent absurd or unjust
outcomes, making it a valuable tool in the field of legal interpretation.
Imagine a hypothetical law that states, "No vehicles are permitted in the
- A literal interpretation of the statute would suggest that all vehicles, including bicycles, skateboards, and strollers are prohibited in the park.
- Interpreting the Golden Rule, a judge would take into account the larger context and objective of the law. In this scenario, it is clear that the main intention is to ensure a peaceful and safe environment within the park. Thus, the judge may interpret the statute as prohibiting motorized vehicles but permitting non-motorized ones, such as bicycles or strollers.
- Interpretation using the mischief rule centers around addressing the specific problem that the statute aims to resolve. For instance, if the issue at hand is noise and pollution caused by motorized vehicles, a judge applying the mischief rule may interpret the statute in a way that only prohibits motorized vehicles, thereby allowing non-motorized vehicles.
Although the text seems to explicitly prohibit all vehicles, a judge employing
either the Golden Rule or the Mischief Rule could interpret the law more
reasonably in order to promote a peaceful and safe park environment, which is
its intended purpose.
Written By: Md.Imran Wahab
, IPS, IGP, Provisioning, West Bengal
Email: [email protected]
, Ph no: 9836576565