Statues to be read as whole

1. INTERPRETATION OF STATUES-
STATUES TO BE READ AS WHOLE

2. Introduction
• Statutory interpretation is the process of interpreting and applying legislation to decide cases.
• 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 statue.
• When the language of the statue is clear there is no need for the rules of interpretation
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3. Importants points to consider in the context of interpreting
statues
• Intention of the legislature
• Statues must be read as a whole in its context
• Statues to be constructed so as to make it effective and
workable
• .If the meaning is plain, effect must be given to it irrespective
of consequences
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4. INTERPRETATION OF STATUES
• Interpretation of statues is required for two basic reasons
• Legislative Language:-
• Legislative language may be complicated for a Layman and hence require interpretation
• Legislative Intent
• The intention of Legislature includes two aspects
• Concept of meaning
• Concept of purpose
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5. A STATUTE MUST BE READ AS A WHOLE IN
ITS CONTEXT
• Act as a whole in context the words of any statutory provision must
be first read in the context provided by the statute as a whole.
• Whenever the question arises as to the meaning of a certain provision in a
statute, it is proper and legitimate to read that provision in its context. This
means that the statute must be read as a whole. What was the previous
state of the law, study of other statutes in pari materia i.e., on the same
matter, if there are any, what is the general scope of the statute and what is
the mischief which it wanted to remedy, all these questions are to be
considered here.
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6. A STATUTE MUST BE READ AS A WHOLE IN
ITS CONTEXT
• The conclusion that the language used by the legislature is plain or ambiguous can
only be truly arrived at by studying the statute as a whole. Words take colour from
the context in which they are used, keeping pace with the time. Words used as an
adjective draws colour from the context too. The same word may mean one thing in
one context and another in different context, therefore, the same word used in
different sections of a statute or even when used at different places in the same
clause or section of a statute may bear different meanings. That is why it is
necessary to read the statute as a whole in its context.
• In matters of interpretation one should not concentrate too much on one word and
pay too little attention to other words as no words or expressions used in any statute
can be said to be redundant or superfluous. Every provision and every word must be
looked at generally and in the context in which it is used and not in isolation. Every
part of the provision has to be given meaning and effect in the context of the statute.
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7. CASE LOG
• (Attorney-General v. Prince Ernest Augustus of Hanover (1957) AC 436, at pp 461, 473; Maunsell v. Olins (1975) AC 373, at
p 386; Black-Clawson Ltd. v. Papierwerke A.G. [1975] UKHL 2; (1975) AC 591, at p 613) but "if, when so read, the meaning of
the section is literally clear and unambiguous, nothing remains but to give effect to the unqualified words":
• Metropolitan Gas Co. v. Federated Gas Employees' Industrial Union [1925] HCA 5; (1925) 35 C.L.R 449, at p 455; Cooper
Brookes (Wollongong) Pty. Ltd. v. Federal Commissioner of Taxation [1981] HCA 26; (1981) 147 CLR 297, at pp 304-305. [cited
from at para4K. & S. LAKE CITY FREIGHTERS PTY. LTD. v. GORDON & GOTCH LTD. [1985] HCA 48; (1985) 157 CLR 309]
"It is well-settled principle that while interpreting a statute, the interpretative function of the court is to discover the true
legislative intent. A statute is best interpreted when we know why it was enacted. It must be read, first as a whole, and then
section by section, clause by clause, phrase by phrase and word by word and therefore, taking into consideration the contextual
connotation and the scheme of the Act, its provisions in their entirety,..[
• Consortium Self Financing v. State of TN - WP.20212 of 2007 [2007] INTNHC 2130 (2 July 2007)'The key to the opening of
every law is the reason and spirit of the law, it is the animus imponentis, the intention of the law maker expressed in the law itself,
taken as a whole."STATE OF PUNJAB V. BALBIR SINGH [1994] INSC 152; AIR 1994 SC 1872; 1994 (3) SCC 299; 1994 (2) JT
108; 1994 (1) SCALE 793 (1 March 1994)
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8. CONCLUSION:
•
A statute cannot always be construed with the dictionary in one hand and
statute in the other. Regard must be had to the scheme, context and to
the legislative history of the provision. Every provision and every word
must be looked at generally and in the context in which it is used and not in
isolation. Every part of the provision has to be given meaning and effect in
the context of the statute. Thus, the statute must be read as a whole in its
context.
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9. Thanks