Unit - 1 Introduction to Interpretation of Law
Meaning of interpretation: The process of clarifying the meaning of sentences, phrases, and words mentioned in the law is called interpretation of law. The act of analyzing any subject matter to find out, extract, or discover what it intends to express or what the fact is, is interpretation.
Various kinds of interpretation
1. On the basis of method: Based on the tradition or method of interpreting the law, the types of interpretation can be classified as follows:
A. Legal Interpretation: When a court interprets a law, it must interpret it by adopting specific prescribed legal instruments or grounds as the basis or medium of interpretation. The interpretation carried out by adopting such specific prescribed methods is legal interpretation.
Legal or statutory interpretation is divided into two parts:
i. Authentic Interpretation: If a law is interpreted by the legislator themselves based on their own interpretation, such interpretation is called authentic interpretation.
ii. Usual Interpretation: Interpretation done on the basis of tradition and precedents is called usual interpretation.
B. Doctrinal Interpretation: If the law is interpreted with the objective of finding the actual or true meaning of the law, it is called doctrinal interpretation. Doctrinal interpretation is also divided into two parts, which are as follows:
i) Literal Interpretation: The rule of finding the intent or mind of the legislator by taking the words used in the law and assigning them the exact meaning as they are is called literal interpretation.
ii) Logical Interpretation: Since the intent or essence of the law is not always contained in the literal words but remains hidden in the "spirit" of the statute, the rule that suggests interpretation should focus on the hidden intent of the legislature rather than just the words is called Logical Interpretation.
Objectives of interpretation of statutes
• To determine judicial duties.
• To provide justice according to the intent of the legislature.
• To resolve or remove errors and doubts within the law.
• To clarify that the duty of a judge is to interpret the law, not to make it.
• To correct technical errors made by the legislature through interpretation.
• To assist in making the law refined and relevant to the times through interpretation.
• To determine the intent through interpretation where the legislature's intent is not explicitly expressed.
• To fulfill the purpose of the law by interpreting it according to the specific objectives and reasons for which the legislature originally created it.
• Interpretation ensures the duty of the judiciary and prevents the tendency to interfere with the work of the legislature.
• Interpretation of law works as a guide for the legislature by eliminating the state of legal vacuum (lacuna), etc.
Importance of interpretation of statutes
• Interpretation is necessary to define and determine judicial duties.Principles of Statutory Interpretation
1. When interpreting the law, it must be done in a logical and meaningful manner.
2. The Act must be read as a whole (in its entirety).
3. Interpretation must be done in a way that does not make any part of the law redundant or useless.
4. Interpretation must be in accordance with the intention of the legislature.
5. Words must be read in their specific context.
6. The policy and purpose of the Act must be considered.
7. While applying the meaning of words, they should be used in their popular and current sense.
8. If the Act is clear, it must be applied as it is.
9. Interpretation must be done in a way that prevents fraud, mischief, or misuse.
10. The principle of liberal interpretation.
11. Interpretation should be done to prevent or remove contradictions between legal sections.
Internal Aids to Interpretation of Law
Name (Title): Names are given for the identification of any Act, law, specific person, or work of art. The name provides the identity of the Act/law and clarifies its objectives. In legal interpretation, the name used by the legislature to introduce, address, or pronounce any Act/law is called the Title.
• Long Title: If a title is expressed in a detailed form to introduce an Act, it is called a Long Title. A name that provides an understanding of the purpose and subject matter of the Act is a long title. Examples: Black Marketing and Some Other Social Offenses and Punishment Act, 2032; Competition Promotion and Market Protection Act, 2063, etc.
• Short Title: The name used to address an Act is the Short Title. This indicates which subject matter the Act is related to. Examples: Companies Act, 2063; Partnership Act, 2020; Bonus Act, 2030, etc.
Preamble In the process of making laws, the legislature creates a Preamble to include the reasons for implementing the law and the objectives of the Act. A Preamble refers to the introductory context raised to introduce the subject matter or the introduction of a book or volume.
In brief:
• The Preamble is a necessary and compulsory part for the interpretation of an Act.
• The exact intent of the legislature should not be determined solely on the basis of the Preamble.
• If an objective shown in the Preamble is not reflected in the sections of the Act, the section of the Act shall prevail.
• It is placed after the title of the Act and before the sections begin.
• It explains the reason and objective for making the law.
Heading: The name used to identify various sections or groups of sections in any Act is called a Heading. The legislature uses headings to clarify what the included section or group of sections intends to express.
Marginal Note: A note included on the left or right margin of a section of an Act to provide the essence or summary of that section is called a Marginal Note. According to the Nepali dictionary, the meaning of 'marginal' (parshwa) is: "the right or left part of something." Similarly, the meaning of a marginal note is: "a note written on the side of a text or book." It was not accepted as a part of the Act or as a helper to the arrangement of sections. Even the courts of Britain have stated that marginal notes should not be accepted as a part of the Act or as an aid while interpreting sections.
Schedule: When the legislature creates an Act, the part included at the end of the Act as a detailed description of the sections as per necessity is called a Schedule. It is accepted as a part of the Act. During legal interpretation, a schedule is also considered a part of a section. Generally, if matters such as form templates, application formats, or detailed descriptions are included in the sections of an Act, those sections become too long, clumsy, and unnecessarily bulky, making them hard to understand; therefore, schedules are used to include such matters.
• It is a part of the legislation.
• A schedule is mandatory in modern Acts.
• The two parts of an Act are (a) Code, (b) Schedule.
• Matters mentioned in the Schedule are as valid as if they were mentioned in the Act itself.
• Examples include form formats and examples of subjects classified in the legislation.
• Even though it is an auxiliary tool, it cannot override the language of the Act.
• In case of a conflict between the provisions of the Act and the schedule, the provision of the Act shall prevail.
Punctuation
The literal meaning of punctuation is "indicative marks used to conclude meaningful phrases in writing, etc.," such as commas, semi-colons, full stops, etc. Punctuation marks shed light on the difference in importance between two parts of a sentence. The literal meaning of punctuation is the indicative marks used to conclude meaningful phrases in writing comma, semi-colon, full stop, etc. The primary function of punctuation marks is to conclude phrases in a meaningful way.
Proviso
At the end of sections included within any Act/law, some sentences are kept to relate back to that same section; such included phrases are called Provisos. A proviso is a concept mentioned during the course of drafting an Act.
Exception
The literal meaning of exception is "something that does not fall within the general rule." According to the Nepali Brihat Shabdakosh (Comprehensive Dictionary), an exception is mentioned as "a subject matter or work that does not fall within the broad or general rule and comes as an addition, or something that does not fit the general characteristics." Therefore, an exception refers to a rule or matter that, by not falling within the general rule, stands in direct contrast to that subject matter or rule. If that general rule or matter did not exist, the matter or rule currently acting as an exception would have remained as the main rule. According to the Administrative and Legal Dictionary published by National Research Associates, "an instance or example of something that does not fit into a made rule, or something that does not fit or match the general principle or characteristics" is an exception.
External Tools or Aids to Legal Interpretation
Historical Setting Society is dynamic in nature, which results in various types of problems arising within it. To solve such problems, new Acts must be drafted and old Acts must be continuously amended. Therefore, the mandatory events that necessitate the creation or amendment of a law/Act are called the Historical Setting.
Parliamentary Convention Under parliamentary history, matters such as statements presented by legislators, the history of the Act, parliamentary discussions, etc., can be included. In cases where the language is clear, the help of parliamentary history is not required. By parliamentary history or convention, we mean the form in which the passed law (new Act) was presented before the legislature, reports of parliamentary committees, whether reports were presented or not, what kind of discussions took place in parliament, and whether any additions or amendments were made to the presented bill, etc.
International Convention International conventions and agreements refer to matters of universal truth passed by a majority of United Nations member states after mutual discussion and reaching a consensus refers to established treaties and agreements.
Dictionaries and Textbooks
Based on the conclusion of the above definitions, a Dictionary refers to a record or volume prepared by collecting the words of a language to provide an understanding of their prevalent and general meanings. According to the Brihat Nepali Shabdakosh: "A book in which words of a language are collected in alphabetical order, explaining grammatical categories, and providing meanings, synonyms, characteristics, etc., in the same or another language" is a dictionary. It is important for grasping the authoritative meaning when the language of a law is not clear.
Commencement, Repeal, and Revival of Legislation
Commencement The legislature, the supreme body of the country, performs the task of creating any Act or law. The day or time when such an Act or law created by the legislature is brought into use is called Commencement. If any national law created by the legislature specifically mentions that it will commence on a certain date or day, it begins from that time, and it must be clearly stated that citizens must follow it from that moment. The day an Act is approved or certified by the Head of State or the day it is published in the Gazette is considered the day common citizens are informed, and the Act commences from that day.
Repeal The actual meaning of Repeal is "to cancel or remove." In the legal field, it means "to stop a national law, created and implemented by the supreme legislature of the state, from being applied by canceling or repealing it." The act of stopping a law that is currently in practice or force by canceling or dismissing it is called Repeal. By the meaning of repeal, it is understood that a previously implemented Act is completely canceled, ended, or removed by a subsequent Act.
Revival of Legislation The actual meaning of Revival is "to come into use," which means to bring back into practice or to wake/restore an Act. In a legal sense, it means "to bring back into practice or restore an Act that was once in force but was later repealed and went out of practice." A repealed or amended Act does not automatically come back into practice or force. To achieve the revival of an Act, it must be clearly and specifically mentioned within the Act or law itself. For example, if "Act A" is repealed from a certain date or time, it is clearly mentioned in a new Act that it has been repealed. If a situation arises where the repealed "Act A" needs to be brought back into practice according to the times, it must be stated that "Act A" will be applicable again (in the subsequent Act that originally repealed it) (the Act that originally repealed it, if it now seeks to restore that Act) there must be a specific provision made for it.
Consolidating and Codifying Statutes
Consolidating Statutes The act of collecting various different laws related to a specific or particular subject in one place and giving them a single form is called a Consolidating Statute. A consolidating statute is a complete, unified form of the law. By repealing old Acts and integrating them into a single comprehensive law, a consolidating statute or legislation is formed. While creating such a consolidating statute, all the old laws are repealed; no major changes are made to the old laws during this process, only general changes are made, or amendments are integrated into the unified Act. This is done by combining or joining various laws on a subject matter through a single measure. Within a unified law, such laws fall under the task of binding together laws that existed in various numbers.
Integrated law is developed as a collection of various specific documents. Such scattered laws can be written or unwritten. In this way, the law that exists as a developed and integrated totality of all these written or unwritten laws is called a consolidating statute. Our country’s first written law, the Muluki Ain, 1910, was also a consolidating or integrated law, which is often referred to as a copy of a codified law.
Codifying Statutes In the sense of the Nepali dictionary and literal meaning, a Codified Law or legislation refers to a collection of laws or legislation where matters related to laws that have been running in a certain way are systematically gathered and combined. When the legislature, the supreme body of the country, creates law in a codified form, it does so by creating and codifying laws based on customs, traditions, and the requirements of the subject matter.
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Unit - 2 Rules of Interpretation
Rules of Interpretation
Literal Rule of Interpretation: Literal interpretation is understood as accepting the direct meaning and performing a grammatical interpretation. The meaning of the literal rule of interpretation is to assign the exact meaning to the words or language used in any Act or law. Under this rule, when interpreting legislation, it is related to the rule of finding the intent of the legislature by taking the words used in the statute and applying their "as-is" (plain) meaning. The Literal Rule is accepted as the most important, reliable, and safe rule of legal interpretation.
The words used in the law are the expressed form of the law. It is through the medium of words that the legislature expresses its thoughts or feelings. The body interpreting the law must always (only in cases where the Act or words are ambiguous) interpret the law by taking the words used in it. In reality, discovering what the intent or desire of the legislature is within any Act is only possible through the words. While interpreting, along with the meaning of the words, a clear meaning of the sentence must also emerge. The Literal Rule holds an extremely important place in legal interpretation.
While interpreting according to the Literal Rule, attention must be paid to the following things:
1. For a Technical word, if no special meaning is provided in the law, one should not adopt the general meaning but rather the distinct technical meaning of that word.
2. By exercising inherent power, the interpreter cannot add (Addition) or remove (Removal) words.
3. Since the importance of a word can change over time along with its meaning, the current or changed meaning should be adopted.
4. The importance of a word can fluctuate depending on its Context. Therefore, the meaning must be adopted within that specific context.
According to the Literal Rule, there are some fundamental principles that must be compulsorily followed while interpreting the law:
i. Words having more than one meaning: If a word with multiple meanings is used, the interpreter cannot adopt an arbitrary meaning of their own choice; they must adopt the meaning that is closest to the intent of the legislature.
ii. Grammatical sense of word: If a word is used in an Act, its grammatical meaning must be applied. This is possible as long as it does not conflict with the context or the purpose of the law.
iii. Meaning of technical words: When applying the meaning of technical words, they should not be taken in a general sense. The prevalent or popular meaning within that technical field must be adopted.
iv. The Accurate (Yathartha) and Popular (Prachalit) meaning of the words used in the law must be applied.
v. The Ordinary (Samanya), Natural (Prakritik), and Normal (Swabhavik) meaning of the words used in the law must always be applied.
vi. Words cannot be added (Addition) or removed (Removal).
vii. When assigning meanings to legal and business words, they must be interpreted according to the meanings they are well-known for and prevalent in their respective fields.
Mischief Rule
There is a universally accepted principle regarding interpretation that while interpreting a law, one should apply the literal or grammatical meaning of that law—that is, the word must be interpreted in the exact meaning it was used. The objective of the rule of interpretation is to discover the intent of the legislature. If the language of the law is unclear, ambiguous, and multivalent, it becomes impossible to discover the legislature's intent using other rules of interpretation. Sometimes, when interpreting, there is a possibility that an absurd meaning might emerge. If such an absurd meaning is adopted, it becomes contrary to the legislature's intent and can lead to the "death" of the law. In such a situation, the Literal Rule is abandoned, and by removing the "mischief" or errors appearing in the law, an interpretation is made from a remedial perspective to discover the clear intent of the legislature. This rule of interpretation is called the Mischief Rule. When interpreting criminal law or limited types of laws, the rule from the Heydon's Case regarding mischief applies.
1. What was the common law before the Act was passed?
2. What was the mischief or defect that the common law did not provide for?
3. What remedy has the parliament determined to remove the defect in the common law?
4. What is the true reason for that remedy?
Golden Rule
The Golden Rule is a principle of interpretation where the Literal Rule is abandoned to avoid irrelevant and inconsistent meanings, and the language or words used in the law are slightly modified to adopt a contextual meaning, thereby discovering the true intent of the legislature.
According to the general principle of interpretation, to discover the intent of the legislature, one must follow the Literal Rule of interpretation. According to the Literal Rule, the work of discovering the legislature's intent is done by taking the words used by the legislature and assigning them their exact, as-is meaning. While interpreting in this way, one must apply the literal or grammatical meaning.
According to Maxwell, the "Golden Rule" is a modification of the Literal Rule. If the words in the law are unclear or ambiguous, the meaning can be modified to some extent. (If the meaning is absurd, one can slightly amend the ordinary meaning of the words) some modifications can be made to the words to reach the true intent. In this, the literal interpretation is modified (Modification) and then interpreted.
The following 4 principles are followed under the Golden Rule:
1. The law must be interpreted in a way that fulfills its objective.
2. Interpretation must be in accordance with the intent of the legislature.
3. The law should be interpreted only after reading the entire Act—including sections, subsections, clauses, subclauses, and sentences.
4. Interpretation should be done by selecting the best alternative.
The following are the reasons for considering or adopting this rule as a meaningful, positive, useful, and important rule:
a. The Golden Rule protects the main principles of the law by ignoring illogical, uncertain, and unethical results.
b. The Golden Rule gives priority to the direct intent of the legislature.
c. It protects the law and the legislative intent by removing the ambiguity or inconsistency arising from the words used in the law.
Significance of the Golden Rule
1. The Golden Rule gives priority to the intent of the legislature.
2. It protects the main principles of the law by ignoring uncertain, illogical, and unethical results.
3. It protects the law and legislative intent by removing the inconsistency or ambiguity arising from the words used in the law.
Beneficial Rule of Interpretation
All rules of legal interpretation have the goal of achieving justice, fulfilling the intent of the legislature, and establishing the rule of law through the correct interpretation of the law. The rule of interpretation that shows liberality among all these rules to provide guidance to the court for the correct interpretation of the law is called the Beneficial Rule of Interpretation.
Adopting this principle, the practice of judges interpreting the law is increasing. The renowned legal expert Maxwell
This tendency of judges has been termed as Beneficial Interpretation. According to his (Maxwell's) words, "Judges cannot complete the incomplete state of a law. However, while interpreting the law in a liberal and broad manner, it helps greatly to discover the intent of the legislature; in such a situation, abandoning the narrow provision and adopting a broad interpretation is the process shown by judges. This very tendency of judges is the form of beneficial interpretation." Thus, it has been clarified that even if taking the simple meaning of the words used in the Act does not help in discovering the intent of the legislature, the principle of interpreting the law according to the intent of the legislature with a liberal approach, keeping in special consideration the interest and welfare of the concerned parties or citizens, is called the Beneficial Rule.
Rule of Ejusdem Generis (Rule of Contextual Meaning)
Ejusdem generis is a term from the Latin language, the literal meaning of which is "the rule of taking the relevant/contextual meaning." To clarify its meaning, in the 1970 case of Tribhuvan Prakash Vs. Union of India, the Indian court stated that the meaning of "ejusdem generis" is "of the same kind or species." The general word used in the legislation provides a complete and natural meaning. Therefore, there is a general principle that the word used must always be taken in its full and natural meaning. Even if there is such a general principle, unless otherwise mentioned after a specific word, the general meaning of those general words is not adopted, and they do not apply. Therefore, if general words follow specific words, those general words have the closest relationship with the specific words, and their meaning must be limited to the meaning or context of the preceding specific words. Thus, if a general word has been used after a specific word, the meaning of the general word must be encompassed within the context of the specific word; this rule relates to the Generis Rule. This is merely a way to resolve disputes regarding the meaning of specific and general words.
Ejusdem Generis applies only in the following circumstances:
1. Specific words must have been used with the intent of carrying a single meaning or sense in a systematic order.
2. The specific word must be followed by a general word.
3. The law itself does not explicitly state that the general word must be taken in its full and natural meaning.
Rule of Noscitur-a-sociis (Associated Words)
Noscitur-a-sociis is a Latin term which is called "Associated words" in English. Its meaning is "the meaning of a word can be judged by the company it keeps" or "a word is known by the company it keeps." The meaning of the Noscitur-a-sociis maxim is that the meaning of a doubtful word used in legislation should be derived from the meaning of its nearby or associated words. Clarifying the meaning of Noscitur-a-sociis, Lord Macmillan said, "The meaning of that word can be known according to the meaning adopted by its associates." Among the words being used in legislation, if any word becomes doubtful or carries a confusing meaning, then while applying the meaning of that word, it must be interpreted in the context or reference of other words falling before, after, or within that word group. In the view of renowned legal expert Maxwell, the meaning of Noscitur-a-sociis is that if two or more words are synonymous or carry ambiguity, those words should be joined together and a similar or single meaning should be adopted.
Doctrine of Reddendo Singula Singulis
The term Reddendo singula singulis, which falls under the auxiliary rules of interpretation, is also a word or term from the Latin language. Its meaning is "Giving each to each," as defined in the Osborne Concise Law Dictionary. In other words, it is called "By referring each to each." Fulfilling the true intent of the legislature is the primary objective of drafting interpretation rules, with the goal of establishing the rule of law and ensuring the welfare and benefit of citizens. While interpreting the law, the law to be interpreted should first be read thoroughly as a whole, one by one. Sometimes, such words are used in legislation where the words used in the latter part indicate or point to the meaning of the words used in the former part. Similarly, words in the former part point to the meaning of words in the latter part. If such a situation is seen in legislation, the rule or principle of assigning meaning by referring or directing the meaning of the former word to the latter word, and the latter word's meaning to the former word, is related to the maxim Reddendo singula singulis.
Doctrine of Expressio Unius (Expression Unius Rule)
According to the Expressio Unius rule, if a description of a certain class or group is mentioned in any law, it should be interpreted to mean that other members of that class were intentionally left out by the legislator. It is understood that a class or group explicitly expressed in legislation generally signals all members of that specific species or class. However, in legal interpretation, this general meaning is not always accepted. If a specific member of a class or species is expressed in legislation, it is intended only to include that expressed member. Other members of that same species are not intended to be included; therefore, there is a rule in this Latin maxim that the inclusion of one member in the legislation implies the exclusion of other members of that same group.
Contemporanea Expositio (Contemporaneous Interpretation)
Contemporanea Expositio is a Latin word or language meaning "contemporary exposition." When the legislature begins creating a law, the meaning of the words prevalent at that specific time is adopted. While applying the meaning of a word used in the law by the legislature, one must apply the meaning that word carried at the time the law was made or commenced.
Construction of words in bonam partem
Generally, while creating legislation, the legislature is assumed to have made it with a just and lawful perspective. The words used in the law are not intended to carry any illegal meaning. Therefore, while adopting the meaning of the words used in the law, one should always adopt a just or appropriate meaning.
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Unit - 3 Drafting of Constitution and Deeds
Principles of Constitutional Interpretation
1. Principle of literal interpretation
2. Principle of mandatory and directory interpretation
3. Principle of liberal interpretation
4. Principle of progressive interpretation
5. Principle of direct and inevitable effect of fundamental rights
6. Principle of colorable legislation (fraud on the constitution)
7. Principle of harmonious construction
8. Principle of severability
9. Principle of fraudulent law
10. Principle of political question
11. Principle of necessity
Types of Deeds (Documents)
1. Tamasuk (Promissory Note/Bond):
o Bhogbandhaki Tamasuk (Possessory Mortgage)
o Drishtibandhaki Tamasuk (Simple mortgage)
o Lakhabandhaki Tamasuk (Long-term mortgage)
2. Kararnama (Agreement/Contract)
3. Rajinama (Resignation/Deed of Transfer)
4. Rinpatra (Debenture/Loan Deed)
5. Dhitopatra (Security Deed)
6. Anshawandako Likhat (Partition Deed)
7. Dharmaputra/Dharmaputriko Likhat (Adoption Deed)
8. Jamanatpatra (Guarantee Letter)
9. Danbakas or Bakaspatra (Gift Deed)
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Unit - 4 Restrictive, Exceptional, and Other Interpretations
Restrictive Construction
The main objective of legal interpretation is to discover the intent of the legislature. There is a primary rule that the actual and natural meaning of the words used in the law should be applied to understand the legislature's will. However, for certain words used in law, some interpretations have set specific limits. Interpretation must be carried out within or by following those set boundaries. Those set limits are as follows:
(a) Consequences must be considered.
(b) Presumption against changes in the common law.
(c) Intent in criminal law.
Exceptional Construction
Legal interpretation must be done in accordance with the intent of the legislature by applying a meaning that aligns with that intent. Therefore, one must understand the purpose for which a word was used in a specific law.
There is a primary rule that while interpreting law, the language or words should be assigned their meaning "as it is," and through that meaning, the intent of the legislature should be understood. Sometimes, when applying this primary rule, an unnatural meaning might emerge that the legislature never intended. In such cases, if the meaning is contrary to the legislature's intent, the words are modified through "exceptional improvement" to align them with the logic and intent of the lawmaker. This development is known as Exceptional Construction.
The following exceptional rules developed for interpretation are studied under this:
(a) Transformation of language to reach the intent of the legislature.
(b) Equitable or harmonious interpretation.
(c) Strict construction of penal or criminal law.
(d) Laws that impose liability or interfere with rights.
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Unit - 5 Presumption (Anuman)
Rules regarding Presumption
The real meaning of "Presumption" (Anuman/Parikalpana) is "to assume something without concrete evidence." Accepting the existence of one fact based on the basis or probability of another fact is presumption. In the Law of Evidence, the way 'Presumption' is studied is not the same as how it is studied here in Interpretation of Statutes. Here, 'Presumption' is accepted as a concept. The main objective of legal interpretation is to find the actual intent of the legislature. In the same sequence, to understand what the intent of the legislature is, various rules of interpretation are adopted. While interpreting the law, the court assumes different facts and finds out what the intent of the legislature is. Therefore, the following rules regarding presumption in legal interpretation are adopted:
a. Presumption Against the Common Law:
• This presumption favors statutory law (created by legislatures) over common law (judge-made law).
• Courts generally assume that when a legislature passes a law, it intends to change the existing common law rule on that topic.
b. Presumption of Constitutionality of a Statute:
• Courts start with the assumption that laws passed by the legislature are constitutional.
• The burden of proof is on the party challenging the law's constitutionality to show why it violates the constitution. c. Presumption Regarding Jurisdiction:
• Courts presume they have jurisdiction over the case unless there's a clear reason why they don't.
• This could involve issues like subject matter jurisdiction (the type of case the court can hear) or personal jurisdiction (the court's authority over the parties involved).
d. Presumption Against Retrospective Legislation:
• Laws are generally presumed to apply only to future events, not past actions.
• This protects people from being punished for actions that were legal when they were taken. e. Presumption Against Violation of International Law:
• Courts presume that domestic laws will be interpreted in a way that avoids violating international law treaties or agreements a country has signed.
f. Presumption Against Intending Injustice or Absurdity:
• Laws are presumed to be intended to create a just and fair outcome.
• Courts will avoid interpretations that lead to manifestly unfair or illogical results. g. Presumption Against Imparting Obligation or Permitting Advantage:
• This presumption is less common but suggests courts may be hesitant to interpret a law in a way that creates new obligations or gives someone an unfair advantage unless the law clearly intends that outcome.
h. Presumption Against Intending What is Inconvenient or Unreasonable:
• Laws are presumed to be intended to be practical and workable.
• Courts may avoid interpretations that would create significant inconvenience or unreasonable burdens.
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Unit - 6 Interpretation based on the merits of the legislature's intent when it is silent
Rule of interpretation by considering the merits of the legislature's intent when the legislature is silent:
The government creates laws by completing the legislative process to regulate human behavior. Sometimes, the intent of the legislature is not clearly expressed in the laws created in this way. If the legislature remains silent without expressing its intent, it becomes unclear what that law intends to say. In such a situation, interpretation is adopted to find out what the intent of the legislature was in the silent legal provision.
This rule is that when the legislature is silent, one must find the intent based on the merit (in accordance with the legislature's purpose). If great complexity arises because the legislature's intent is silent in the law, to eradicate those complexities and fill the gap of legislative silence, the following principles of interpretation are adopted:
1. Mandatory and Directory Law
• Mandatory Law: A mandatory law is one that compels someone to do or not do an act. Mandatory laws are generally directive (imperative).
• Directory Law: A directory law refers to a statute where the law does not compel a specific act to be done or not done, but instead leaves it to the discretion (Swavivek) of the concerned authority. In such directive legal provisions, the matter is left to the discretion of the judge or official of the court or the respective agency.
2. Impossibility of Performance
If there is a legal provision specifying that a certain task, matter, or right must be exercised in a definite manner, then there is a requirement to fulfill those specific conditions while exercising that task or right. However, if the law is silent regarding the fulfillment of those conditions, those conditions must still be met before the right can be exercised. Even if those conditions are not explicitly mentioned because the law is silent, it must be understood that the legislature intended for those conditions to be fulfilled. This principle is based on the idea that if the legislature's intent is silent, that silence must be filled by its qualitative purpose (merit).
3. Finite and Infinite Duties
Generally, in cases of violation of civil law, the responsibility to pay compensation or bear a liability arises. This compensation can be either total or partial. It can also be either finite (limited) or infinite (unlimited). In cases where a question of full or limited liability arises, it cannot be argued that "reasonable means consistent with total necessity were adopted" as an excuse for not performing the task. Where a question of full or limited liability has not arisen but a question of infinite or incomplete liability has arisen, those arguments are adopted. The determination or selection of this depends on the literal interpretation used in the Act.
4. Private and Public Remedies
The legislature has the full authority to create new laws, amend them, and repeal them. Under that same authority, the legislature can create a new liability in a new law (which is otherwise just) that was previously not present, and declare it non-illegal. One can obtain justice through both private and public remedies against such acts.