INTERPRETATION: MEANING, OBJECT AND NECESSITY

Interpretation is the primary function of a court. The court interprets the will of the legislature
whenever a dispute comes before it. Since the will of the legislature is expressed generally in the
form of a statute, the prime concern of the court is to find out the intention of the legislature in the
language used by the legislature in the statute.

MEANING OF INTERPRETATION

The term ‘interpretation’ has been derived from the Latin term ‘interpretari’, which means to
explain, expound, understand, or to translate. Interpretation is the process of explaining, expounding
and translating any text or anything in written form. This basically involves an act of discovering the
true meaning of the language which has been used in the statute. Interpretation is the process by
which the Courts seek to ascertain the meaning of the legislation through the medium of
authoritative forms in which it is expressed. Simply stated, ‘interpretation’ is the process by which
the real meaning of an Act (or a document) and the intention of the legislature in enacting it (or of
the parties executing the document) is ascertained. ‘Interpretation’ signifies expounding the
meaning of abstruse words, writings, etc., making out of their meaning, explaining, understanding
them in a specified manner. A person is there by aided in arguing, contesting and interpreting the
proper significance of a section, a proviso, explanation or schedule to an Act or any document, deed
or instrument. According to Salmond, “Interpretation” is the process by which the court seeks to
ascertain the meaning of the legislature through the medium of authoritative forms in which it is
expressed.” Interpretation of statutes is the correct understanding of the law. This process is
commonly adopted by the courts for determining the exact intention of the legislature. Because the
objective of the court is not only merely to read the law but is also to apply it in a meaningful
manner to suit from case to case. It is also used for ascertaining the actual connotation of any Act or
document with the actual intention of the legislature

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.

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,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.

OBJECT OF INTERPRETATION

The object of interpretation is to discover what the Legislature intended. This intention is to be
ascertained from the text of enactment. It is presumed that the Legislature speaks its mind by use of
correct expressions and therefore, unless there is an ambiguity in the words used in the language,
grammatical sense. When the language of a provision is clear, it should not be twisted or strained to
arrive at a "supposed intention". The words used in the provisions should be read and understood in
their the provision should be assigned their plain and ordinary meaning and then the language
should be understood in its literal sense. If the results drawn are absurd, then the courts should look
for some other "logical" meaning of those words to remove the ambiguity and absurdity. The idea
behind this is that the Legislature is not expected to have used the words capable of bearing more
than one meaning, so as to lead to alternative constructions, but if such a situation arises, then the
construction which advances the policy of the enactment must be upheld.10 A statute is an edict of
the Legislature and the conventional way of interpreting or construing a statute is to seek the
intention' of its maker. A statute is to be construed according "to the intent of them that make it”
and "the duty of judicature is to act upon the true intention of the Legislature-the mens or sententia
legis". 11 According to BLACKSTONE the most fair and rational method for interpreting a statute is by
exploring the intention of the Legislature through the most natural and probable signs which are
"either the words, the context, the subject-matter, the effects and consequence, or the spirit and
reason of the law." 12 Thus, the object and purpose of all constructions or interpretations is to
ascertain the intention of the law-makers and make it effective.

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.