Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning.
It is the process of ascertaining the true meaning of the words used in a statute.
The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. These principles are sometimes called ‘rules of interpretation’.
The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.
Contempornea Expositio means that the meaning of words in a document are to be understood in the sense which they bore at the time of the document.
Contemporaneous exposition is the best and strongest in law. It is said that the best exposition of a statute or any other document is that which it has received from contemporary authority.
Contemporanea expositio est optima means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion.
External Aid includes Historical Background,The original bill drafted and introduced,Legal Dictionaries,Debates in the Legislature,Judicial Construction etc.
2. Interpretation means the art of finding out the true
sense of an enactment by giving the words of the
enactment their natural and ordinary meaning.
It is the process of ascertaining the true meaning of
the words used in a statute.
The Court is not expected to interpret arbitrarily and
therefore there have been certain principles which
have evolved out of the continuous exercise by the
Courts. These principles are sometimes called ‘rules
of interpretation’.
The object of interpretation of statutes is to
determine the intention of the legislature conveyed
expressly or impliedly in the language used.
6. Contempornea Expositio means that the meaning of
words in a document are to be understood in the
sense which they bore at the time of the document.
Contemporaneous exposition is the best and
strongest in law. It is said that the best exposition of
a statute or any other document is that which it has
received from contemporary authority.
Contemporanea expositio est optima means usage or
practice developed under a statute is indicative of
the meaning ascribed to its words by contemporary
opinion.
7. The maxim contemporanea exposito is applicable in construing
ancient statutes, but not to interpreting acts which are
comparatively modern.
In a modern progressive society it would be un reasonable to
confine the intention of a legislature to the meaning
attributable to the words used at the time the law was made
and unless a contrary intention appears an interpretation
should be given to the words used to take in new facts and
situations if the words are capable of comprehending them.
The supreme Court has refused to apply the principle of
contemporanea exposito to the Telegraph Act 1885, and the
Evidence Act 1872, but the principle was applied in construing
the Bombay Muncipal Corporation Act 1888.
8. Useful only in case of ambiguity – the usage and practice can
be used in interpretation when the language is ambiguous
only. If the language is unambigous the usage and practice
cannot be used in interpretation.
Custom is given more value and priority than the act of the
parties , as elucidated in consuetudo (custom is the best
interpreter of the law).
Useful only for ancient Acts, and cannot be used for modern
Acts.
Cannot be applied in case of broken usages and practices – If
any usages or practices are broken or interrupted, such
broken usages or practices cannot be considered as an aid to
interpretation.
) Cannot be used to substantiate an implied repeal or quasi
repeal of an act.
9. The object of interpretation of statutes is to
determine the intention of the legislature conveyed
expressly or impliedly in the language used.
To assist the task of interpretation and construction
court resort to certain internal and external aids.
These internal and external aids to interpretation is
very essential at times to construe ambiguous terms
and provisions.
Contemporanea expositio is an important external aid
in interpretation of statues. The usages and practices
followed after the enactment of statute speaks for
itself, but this can be applied only to very old statues
and has little importance in modern statutes.