General principles of interpretation of Statute

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General principles of Interpretation

 There are two principles of interpretation of statute.

i) Literal or general Interpretation

 ii) Liberal or logical Interpretation

 We can see as follows in detail

 1) Literal or general Interpretation

 -  It is states that statute must be construed in the ordinary and natural meaning of the words and sentences.

 - If the meaning of statutory Interpretation is plain,the court must apply it as it is .

- That court cannot add words to a statute during Interpretation.

- A judge should not go beyond the words of the statute during Interpretation.

- Grammatical Interpretation means Interpretation that is based on exclusively on the word themselves.

- It is first and primary rule of construction that the intention of the legislature must be found in the words used by the legislature itself.


 There are two exception to this interpretation 


I) Logical defectiveness

i ) Ambiguity -

 - The possibility of being understood in more than one meaning

 - If the words or a sentence have an ambiguity , the court have a duty to go behind the letter of the law and to ascertain from others sources the intention of the legislature.

 - If the letter of the law is logically defective,it must be pleaded logically perfected where there is genuine and perfect intention lying behind.

 ii ) Inconsistency

 - Where the meaning of word lack uniformity.

 - The duty of the court to correct the letter of the law accordingly.

 iii ) Incompleteness

 - The text though neither Ambiguous not inconsistent,may contained some lacuna , which prevents it from expressing any logically complete idea .
2) Logical or Liberal Interpretation of statute

- This kind of interpretation gives discretionary power to the court.

 - It seeks elsewhere for some other and mode satisfactory meaning to find out the true intention of the legislature.

 - this rule is adopted when Grammatical Interpretation leads to some absurdity of inconsistency.

 - According to this rule, the court must not go by words used in the statute but to take into consideration the historical facts,needs of the society and the necessity of the statute while interpreting the statute.

 - Generally when there is doubt of meaning of any words used in the text or context, logical Interpretation is useful.

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