MEANING AND NEED OF INTERPRETATION

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This article is written by Vansh Aggarwal, an intern under Legal Vidhiya

ABSTRACT

This article delves into the crucial concepts of interpretation within the context of the Indian legal system. It highlights the significance and necessity of interpretation in comprehending the intricacies of legislation, emphasizing its role in achieving justice, equity, and the intended legislative objectives. The piece begins by elucidating the distinction between the legislative, executive, and judicial branches and underscores how interpretation bridges the gap between enacted laws and their practical understanding. The meaning of interpretation is explored through the lens of its Latin roots, “interpretari,” signifying the process of uncovering the genuine intent behind the statutory language. The article emphasizes that interpreting statutes is vital for upholding the principles of justice and ensuring legislative goals are met, drawing from notable judicial decisions to illustrate the pivotal role of courts in this process. It clarifies that interpretation should not be confused with constructing new laws but rather ascribing meaning to existing legislation. Furthermore, the article discusses the need for interpretation, especially when statutes employ ambiguous language, and elucidates that interpretation becomes imperative when societal norms evolve. It cites the example of the changing perception of sex work in India. Complex and jargon-laden statutory language is identified as another area where interpretation aids in maintaining clarity and consistency, using the recent controversy surrounding agricultural reform laws as an illustrative case. In conclusion, this article provides a comprehensive understanding of the meaning and need for interpretation in the legal domain, shedding light on its critical role in ensuring justice, adapting to societal changes, and promoting clarity in legislation.

Keywords: Interpretation, Legislation, Law, Interpreting, Ambiguity, Clarification, Need for interpretation.

INTRODUCTION

The horizontal power distribution system in India includes the distribution of power between the legislative, executive and judiciary. The main purpose of legislature is to make laws, of executive is to enforce laws and of Judiciary is to correct and interpret laws. Often, people complain that the bills passed by the parliament, which becomes the law, are difficult to understand. The nature of law is such that even punctuations make a difference in the intention behind the law. The words ‘may/shall’ also make a difference. This is where the skill of interpretation comes into play. In litigation, the way you interpret the law and present your argument makes a magnanimous difference in the outcome of your case. Interpretation of legislation is the art of understanding the true meaning of a provision of law. It is possible that the terminologies used in the law and the intention behind that law might differ which can be exploited but the same is prevented by the judiciary by interpreting the law in a just and fair manner. Interpretation is practiced through courts. It is one of the primary responsibilities of a judicial officer to interpret the laws. It can be described as the process of finding or discovering the true meaning of words used in legislation. A judicial officer uses his/her personal judicial acumen to interpret the laws to further the intention of that particular law. Ehrlich was a famous philosopher in law who introduced the concept of living law, according to which law is something that is in practice of society rather than something that is imposed. Each law is introduced to make an impact on our society. However, it is very well possible that as living law takes over the imposed law or vice versa, this intention or public practices might suffer. Interpretation makes sure that this balance between the two categories of law is always maintained as the Judiciary can correct any imbalances between the two. Interpretation is the process of determining the meaning of words used in a statute.

OBJECTIVES

The primary objective of this article is to explain the meaning and the need of interpretation in a comprehensive manner along with the relevant judgements and case laws such that its meaning as well as its importance become clear. The scope of the article is limited to meaning and need for interpretation and the rules that are followed while interpreting is outside the scope of this article and the same is covered under another article. The article is divided into two broad categories i.e., Meaning and Need of interpretation for easy understanding of the reader such that it can be easily comprehended.

MEANING OF INTERPRETATION

Interpretation is derived from the Latin word “interpretari” which means “to explain, translate, understand or expound”. The source of the word makes it pretty apparent that interpretation is the process of determining the true meaning of the words used in a statute or as a matter of fact, any document or piece of text. Interpretation of any data means to analyse the available data. It is possible that the same thing may mean differently in different circumstances. The use of words or punctuation can make a lot of difference in one’s understanding of it. For illustration, “Let’s eat, Grandma” and “Let’s eat Grandma” mean altogether different things. The same is also possible in the context of legislation. To clarify this position, Interpretation as a skill is employed such that the true meaning of the used words is discovered. When we talk about the interpretation of statutes, we are concerned with the correct understanding of law in the interest of Justice, Equity and Good conscience and with the ultimate legislative goal in mind. Hon’ble Supreme Court and Hon’ble High courts, in various instances, have played the role of interpreter of statutes wherein a completely new meaning was given to an existing piece of legislation or a grey area of law was clarified in order to maintain uniformity. In the case of Madan Singh Shekhawat vs. Union of India[1], the Hon’ble Supreme Court held that it is the duty of the courts to interpret the provisions of the law. It is pertinent for any individual from the legal fraternity, a law student, advocates, lawyers, judges or for instance, anyone, should know how to interpret a statute as the legislation is primely dealt with by lawyers. An advocate has to make written submissions before a court of law, and the contents of such submissions depend upon the interpretation of the law and the meaning that the concerned advocate or attorney gives it. Primarily, it is the duty of judges to interpret the law in such a manner that the ultimate intention behind introducing that legislation is fulfilled. One should note that each and every piece of legislation that is introduced in a country is with a motive to either regulate or prohibit human actions or inactions. There is a problem that needs a solution which is introduced in the form of legislation. For example, the Indian Contract Act was introduced in order to clarify the contractual position between two parties and resolve disputes, if any, between the two parties. Similarly, the Motor Vehicle Act was introduced in order to regulate and resolve disputes arising on road and traffic-related problems. However, with the operation of law over centuries, it is possible that the law may take a different form other than the intended form owing to the fact that over centuries it has been litigated and due to the constant changes in society and it needed to be interpreted in such a manner that it can solve the problem that it was intended to.

It is important to understand the difference between construction and interpretation. Construction means to make a law afresh. On the other hand, Interpretation means to give meaning to an existing legislation. However, a judge cannot give any meaning to a piece of legislation according to his personal whims and fancies. In the case of State of Jharkhand v. Ambay Cements[2], 2005, was held that provisions of law should not be late open for the courts to interpret. if legislation prescribe strict condition, it must be followed strictly. So, even a Judicial officer is not allowed to interpret the law according to his/her personal interpretation and the same should be done in order to clarify any confusion in any provision of law and shouldn’t control or confine the same. Interpretation is also done for literal words where the implications of a word or the meaning of a word are not clarified. Furthermore, Interpretation should be done rightfully otherwise it can become misinterpretation which can have a detrimental effect on society. The need of Interpretation is discussed below: –

NEED OF INTERPRETATION

1. Use of ambiguous language in statutes – It is possible that a law or a legal text may often contain vague or ambiguous language that requires interpretation. Sometimes, the words used in legislation may have one or more meanings which can create confusion for the public to understand. Interpretation can help to clarify the same which ultimately avoids ambiguity and doubts. However, when the law is clear, there is no need for interpretation. In the case of R.S. Nayak v. A.R. Antulay[3], It was held that “It was stated that when the language of statutes is evident and lacks any ambiguity, it is the foremost responsibility of the courts to enforce the intended meaning of the words used in the provision as they naturally appear”. Again, In Grasim Industries v. Collector of Customs, Bombay[4], reiterated its position and held that when the words of any provision of law are clear and absolute, there is no scope for the courts to interpret the same.

2. Incorporating societal changes – Sometimes, for the greater good and in the interest of justice, it is important for judges to either read out a provision of law or to give it a new meaning such that society can accept and be in consonance with that particular law. The most prominent example of this is the recent developments in sex work. In 1964, a famous social activist named Gangubai Harjeevandas, also known as Gangubai Kathaiwadi met Prime Minister Jawaharlal Nehru to discuss the plight and conditions of sex workers in India[5], but no significant steps were taken in that direction. However, as society evolved and many new things developed among the public, the Hon’ble Supreme Court recently recognized ‘Prostitution’ as a profession. This is indicative of the evolving mindset and nature of our society and legislation needs to keep up with society too. Interpretation serves as a tool to make legislation competent as per the evolving needs and challenges of society.

3. Use of complex language in statutes – Often, legislation is a long and bulky document that are difficult to understand. They include jargon, technical phrases, language used in the legal fraternity and difficult-to-understand vocabulary which can be a cause of confusion, and sometimes conflict too. Interpretation of statutes can clarify this position and help consistency to be maintained. For example, several provisions of the infamous Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act and The Essential Commodities (Amendment) Act as passed in 2020 were misinterpreted by various farmers and farmer union which led to widespread protest and ultimately, the act was repealed. This was a demonstration of the fact that misunderstandings about a particular act or legislation can cause upheaval.

4. Filling the grey areas of law – Legislations are intended to solve a complex societal problem covering all aspects to the greatest extent possible. However, it is not humanly possible for any law to cover facets of a problem and no matter the attempt, there will always be grey areas of law where the action or consequences or the procedure is not clear. People often try to find loopholes in laws to achieve their personal motives. It is in these areas where the interpretation serves as an illuminating factor and fills in these areas which clarifies the legal position.

5. Drafting error – It is a very well-known fact that no human is perfect and since legislation and laws are also designed and made by humans, they cannot be perfect. Sometimes, a draft (bill) of an Act can be prepared by a person who doesn’t possess enough technical knowledge about the subject matter. For instance, a medical practitioner is in a better position than a person employed in the financial sector to draft laws for the medical fraternity. Similarly, a person who trades in cryptocurrency and has sufficient knowledge about the blockchain mechanism should be preferred over a layman to make law on cryptocurrencies. Sometimes, lack of proper usage of grammatical in technical terms or incorrect usage of the same leads to ambiguity in the ultimate act. interpretation serves as a tool to fix these drafting errors and to make sure that the legislation and laws are correct and error-free.

6. Incomplete rules – It is possible that legislation has several provisions which are implicit laws, norms and privileges that are not explicitly mentioned either deliberately or as a matter of mistake which creates uncertainty and ambiguity. Interpretation helps to clarify and discover these implicit laws such that no injustice is done towards anyone.

CONCLUSION

In conclusion, interpretation is the process of determining the true meaning of the words used in a statute or any other legal text. It is necessary because the words used in legislation can have multiple meanings, and it is the job of the courts to interpret the law in a way that is consistent with its purpose and intent. The need for interpretation arises in a number of situations, such as when the language of the statute is ambiguous or vague when the statute needs to be updated to reflect changes in society, or when the statute is complex and difficult to understand. The process of interpretation involves considering a number of factors, such as the plain meaning of the words used in the statute, the legislative history of the statute, the purpose of the statute, and the precedents set by previous cases. The interpretation of statutes is a complex and nuanced process, but it is essential to ensure that the law is applied in a fair and just manner.

REFERENCES

1. https://www.legalserviceindia.com/legal/article-10821-interpretation-of-statues-need-rules-ans-judicial-interpretation-by-indian-court-.html#:~:text=Interpretation%20is%20the%20skill%20of,through%20the%20courts’%20ongoing%20use. as visited on 26 August 2023.

2. https://blog.ipleaders.in/statute-interpretation/#Interpretation as visited on 26 August 2023.

3.https://lawcorner.in/interpretation-meaning-objective-and-basic-principles/#Meaning_of_Interpretation as visited on 26 August 2023.

4. https://taxguru.in/chartered-accountant/importance-interpretation-law-interpretation-rules.html as visited on 26 August 2023.

5. https://theindianlaw.in/interpretation-of-statutes/ as visited on 26 August 2023.

6. http://www.fimt-ggsipu.org/study/ballb406.pdf as visited on 26 August 2023.

7. https://www.tridindia.com/blog/need-of-interpretation/ as visited on 26 August 2023.

8. https://www.lawinsider.in/columns/interpretation-of-statutes as visited on 26 August 2023.

[1]https://indiankanoon.org/doc/1301943/

[2] https://indiankanoon.org/doc/1353950/

[3] R.S. Nayak v. A.R. Antulay, AIR 1984 SC 684.