Literally Interpreting the Law- a Appraisal of the Literal Rule of Interpretation in India
نویسنده
چکیده
A "Statute" is the will of the Sovereign Legislature according to which the Governments function. The executive must act and the Judiciary in the course of Administration of Justice must apply the law as laid down by the said legislative will. Very often occasions will arise where the courts will be called upon to interpret the words, phrases and expressions used in the statute. In the course of such Interpretation, the Courts have, over the centuries, laid down certain guidelines which have come to be known as "Rules of Interpretation of Statutes" .More often than not the Statutes contain "Statement of Objects and Reasons" and also a "Preamble" both of which provide guidelines for Interpreting the true meaning of the words and expressions used in the Statute. Judges have to interpret statutes and apply them. The judges frequently use this phrase true meaning or literal or plain meaning. Literal Interpretation of a statute is finding out the true sense by making the statute its own expositor. If the true sense can thus be discovered. There is no resort to construction. It is beyond question, the duty of courts, in construing statutes, to give effect to the intent of law making power, and seek for that intent in every legitimate way, but first of all the words and language employed.
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