Methods of Interpretation of Statute

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Methods Of Interpretation of Statute


1) Literal Rule or Plain Meaning Rule Of Interpretation
2) Golden Rule Of Statute
3) Mischief Rule Of Interpretation 



1) Literal Rule or Plain Meaning Rule Of Interpretation :-

 - If the Provision is unambiguous,we need not call into aid the other rule of construction of statute.
- The primary rule is to interpret words as they are.
- The rule can be applied only when the meaning of the words are clear.
The words of the statute have their ordinary and natural meaning.
- The judges can neither add nor delete anything from the legal provision.what the statute actually says,the judges have to consider that. The judges cannot modify the words . They have to apply as it is.
- The intention of Parliament is found in the ordinary and natural meaning of the words in the statute.
- It provides certainty  in the law .The main purpose in the construing a statute is to assertion the intention of the Parliament.
- The legislature speaks it's mind by way of correct expression and unless there is any ambiguity in the language of the provision,the court should adopt literal construction if it doesn't lead to an absurdity.
- The words of the statute are to be interpreted so as to ascertain from the natural and the Grammatical meaning of the words which the legislature has used in the statute.

 2) Golden Rule Of Statute:- 

 - Golden rule is a extension of literal or plain meaning rule.
- While interpreting law if there is absurdity at that time the golden rule is use.
- The judges can take the other meaning of the words or a sentence while is ambiguous in the statute.
- The judges are allows to depart from a words normal meaning in order to avoid on absurdity from result.
- If the literal rule provides an absurdity,then the court should look for another meaning of the words to avoid that absurd result.
- This rule allows to the judges to choose the most sensible meaning where there is more than one meaning.

3) Mischief Rule Of Interpretation

- The mischief rule of Interpretation originated in Heydon's case in 1584
- It is a duty of a judges to remove the defect, weakness, inadequacy or mischief and give the remedy to particular statute.
- The judges having power to observe the statute and remove the defects or weakness of particular statute.

 Four points to be taken into consideration while Interpreting statute.

 i) What was the common law before the making of an Act.

 ii) What was the mischief and defect for which the common law did not provide.

 iii) What remedy the Parliament Act had resolved and appointed to cure the disease of the common wealth.

 iv) The true reason of the remedy.

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