Describe the "Rule of Reasonable Construction" under the Interpretation of Statutes.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2019
Describe the "Rule of Reasonable Construction" under the Interpretation of Statutes.
Answer & Explanation:
According to Rule of Reasonable Construction the words of a statute must be construed ut res magis valeat quam pereat, so as to give a sensible meaning to them. A provision of law cannot be so interpreted as to divorce it entirely from common sense; every word or expression used in an Act should receive a natural and fair meaning. It is the duty of a Court in constructing a statute to give effect to the intention of the legislature. If, therefore, giving of literal meaning to a word used by the draftsman particularly in penal statute would defeat the object of the legislature, which is to suppress a mischief, the Court can depart from the dictionary meaning which will advance the remedy and suppress the mischief. It is only when the language of a statute, in its ordinary meaning and grammatical construction, leads to a manifest contradiction of the apparent purpose of the enactment, or to some inconvenience or absurdity, hardship or injustice, presumably not intended, a construction may be put upon it which modifies the meaning of the words and even the structure of the sentence (Tirath Singh v. Bachittar Singh, A.I.R. 1955 S.C. 830). Courts can depart from dictionary meaning of a word and give it a meaning which will advance the remedy and suppress the mischief provided the Court does not have to conjecture or surmise. A construction will be adopted in accordance with the policy and object of the statute (Kanwar Singh v. Delhi Administration, AIR 1965 S.C. 871).
Topics: Interpretation of Statutes
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