Legislative Intent: Touchstone for Interpretation of a statute
For judges, the touchstone of interpretation is the intention of the legislature. The following will show that the significance of interpretation is to find out the intention of the legislature with the help of well settled cannons of construction. However, it has been observed that” In other words, the rule of law is the lodestar for interpretation of the statute.[1]”
It is one of the settled rules of construction that to ascertain the legislative intent, all the constituent parts of a statute are to be taken together and each word, phrase or sentence is to be considered in the light of the general purpose and object of the Act itself. [2] Now, it is a well-known rule of interpretation that in order to understand the true nature and scope of an Act it is necessary to ascertain what the evils were which were intended to be redressed by it.[3]
[1]Quoted From: Statement of Justice Shri J.S. Verma, Chairperson, National Human Rights Commission on the Human Rights Day, 10 December, 2002 at Vigyan Bhavan, New Delhi.
[2] SUPREME COURT REPORTSASWINI KUMARVs.ARABINDA BOSE ,1952 AIR 369,1953 SCR1
[3] M.P. V. SUNDARARAMIER,. THE STATE OF ANDHRA PRADESH1958 AIR 468; 1958 SCR 1422
No comments:
Post a Comment