Rules of Interpretation

Rules of Interpretation and Construction:

Interpretation is the technique of ascertaining the meaning of words and expressions of a statute.

Construction, on the other hand, embraces not only the interpretation of words and expressions but also the discovery of the true intent of the statute.

Hence Interpretation and Construction are often used interchangeably.

There are two general rules of interpretation: 1. Literal and 2. Liberal.

Literal: If the words are plain, precise and unambiguous, they have to be given their natural and plain meaning. The Court cannot read into it words which are not there.

Liberal: The duty of the Court is to discover the language used and the circumstances of the true intention of the Legislature. In case two constructions are possible, the Court has to adopt that construction which will ensure smoother and harmonious working of the enactment, and eschew the other which would lead to absurdity or make the established principles of law nugatory.