The term ‘Interpretation’ is derived from Latin term ‘interpretari’ which means to explain or to understand or translate. Interpretation is a process through which one ascertains the true and correct intention of the law making bodies as is laid in the form of statutes.
As the administration of justice is conducted by the judges in accordance with the provisions of law, therefore it requires that there are certain rules of interpretation to ensure that just and uniform decisions are delivered by them. The most important objective that is achieved by the interpretation of statutes is that it ensures that the court act according to the intent of the legislature.
Interpretation of Statues simply means to interpret the laws. Every case is different from other case maybe with a different facts, issues etc. The judges in the court have the power to interpret the laws as per the circumstances of the case. The interpretation of laws must be ambiguous.
Need and Importance of Interpretation of law
If there is a building we call the building as court. Does it in real become court? No, as we need judges to call a building a court. As in earlier days, there was open courts where judges go to villages and sit under a tree and solve the disputes of the villagers. We can call it as a court. Court language is open to many meanings.
Let’s assume a boy met with an accident you were the person passing by from the same road saw this boy and you took him to the hospital. On the way towards the Hospital you drive your car over the limit then you got caught by traffic police for breaking the traffic rules. But, the reason why you were driving it over the limit is to save someone’s life. The judiciary have to look at the larger picture the judges in the court cannot interpret the law just according to the words which is written in the books of law in the interest of justice. The categories of conduct of law will have to be wide enough to interpret the laws. Enough discretion should be given to wide up the law.
Article 21 of the Constitution speaks about Protection of Life and Personal Liberty. This article is the most interpreted article in the Constitution. As time changes new needs of people in the society arises so it demands changes in the Constitution for the people of India.
In the case of Kharak Singh v. State of Uttar Pradesh, the Supreme Court quoted and held that:
By the term “life” as here used something more is meant than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. The provision equally prohibits the mutilation of the body by amputation of an armoured leg or the pulling out of an eye, or the destruction of any other organ of the body through which the soul communicates with the outer world.
In the case of State of Maharashtra v. Chandrabhan, the Court struck down a provision of Bombay Civil Service Rules, 1959, which provided for payment of only a nominal subsistence allowance of Re. 1 per month to a suspended Government Servant upon his conviction during the pendency of his appeal as unconstitutional on the ground that it was violative of Article 21 of the Constitution.
In the case of Bodhisattwa Gautam v. Subhra Chakraborty, the Supreme Court held that:
“Rape is thus not only a crime against the person of a woman (victim), it is a crime against the entire society. It destroys the entire psychology of a woman and pushed her into deep emotional crises. It is only by her sheer will power that she rehabilitates herself in the society, which, on coming to know of the rape, looks down upon her in derision and contempt. Rape is, therefore, the most hated crime. It is a crime against basic human rights and is also violative of the victim’s most cherished of the fundamental rights, namely, the right to life with human dignity contained in Art 21”.
The Separation of Powers Theory is the theory where the powers is divided among Legislative, Judiciary and Executive. The job of Judiciary is not make laws from the thrash the job of judiciary is to just interpret the law according to the disputes. Judiciary work is to resolve the disputes and to legislate the law. Judges are need to be given certain discretion so that they can interpret the law taking care of Constitutional articles and rights.
Statutory interpretation plays an essential role in the process of access to justice and cannot be overlooked. It is easy to see that when judges use statutory interpretation it may be considered a skill of language rather than a law. The uses of traditional rules of interpretation are applied basis on the ambiguity of the legislation and tend to somewhat cancel of each other.
Using rules of languages and, internal and external material helps interpret the law and also how the system such work. Statutory interpretation is important to the access to justice because it helps the judiciary system implement the law in an efficiency and effective way and helps the Parliament to make the law
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