Jurisprudence And Legal Theory – GC Venkata Subbarao

As observed in the Sussex Peerage case: *‘The only rule for the construction of Acts of Parliament is that they should be construed according to the intent of the Parliament which passed the Act. If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to explain the words in their natural and ordinary sense. The words themselves alone do, in such cases, best declare the intention of the law-giver’’. This rule is regarded by Lord Wensleydale as the ‘golden rule’ for the interpretation of statutes.

In Grey v. Pearson> he observes: ‘‘In construing statutes, as in construing all other written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity, or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified so as to avoid that absurdity and inconsistency, but no further’.

The respect of the judges for the words of the statute is usually such that they consider themselves bound by the exact phraseology, even though the effect of so doing may be to produce sinister consequences in the law. Lord Brougham delivering the judgment of the Judicial Committee has observed as follows in Crawford v.

Spooner’: ‘‘The construction of an Act must be taken from the bare words of the Act. We cannot fish out what possibly may have been the intention of Legislature. We cannot aid the Legislature’s defective phrasing of the statute. We cannot add and mend and by construction make up deficiencies which are left here……. The true way in these cases is to take the words as the Legislature has given them and to take the meaning which the words given naturally imply unless where the construction of those words is either by Preamble or by the context of the word in question controlled or altered.

And, therefore, if any other meaning was intended than that which the words purport plainly to import then let another Act supply the meaning and supply the defect in the previous Act.”’ When permissible: Logical interpretation involves going behind the language used in the statute for the ascertainment of its meaning and is resorted to when grammatical interpretation fails to meet the case.

Formerly: Dean, Faculty of Law, Osmania University; Principal, Government Law College, Madras; Member, Official Languages (Legislative) Commission, Government of India; Visiting Professor, University of Texas (Austin), U.S.A. Author of: Law of Property; Principles of Equity; Fundamental Rights; Law of Contracts; Commentary on the Constitution of India; Legal Pillars of Democracy, etc. etc. M.P.P. HOUSE Law Book Sellers-Indian & Foreign #87, 1st Cross, TBR Complex, Ist Floor, Gandhinagar, Bangajore-560 009. Phone : 080-22260706 / 22265901 E-mail : mpphousebir@ gmail.corn Shop at : www.mpphouse.com E3C Lucknow | Delhi | Allahabad Bangalore | Ahmedabad | Nagpur E3C Website: www.ebc.co.in, E-mail: [email protected] Lucknow (H.O.): 34, Lalbagh, Lucknow-226 001 Phones: +91-522—4033600 (30 lines), Fax: +91-522-4033633 New Delhi: 5-B, Atma Ram House, Sth Floor 1, Tolstoy Marg, Connaught Place, New Delhi-110 001 Phones: +91-11-45752323, +91-9871197119, Fax: +91-11-41504440 Delhi: 1267, Kashmere Gate, Old Hindu College Building, Delhi-110 006 Phones: +91-11-23917616, +91-9313080904, Fax: +91-11-23921656 Bangalore: 25/1, Anand Nivas, 3rd Cross, 6th Main, Gandhinagar, Bangalore-560 009, Phone: +91-80-41225368 Allahabad: Manav Law House, Law Publishers & Booksellers, Near Prithvi Garden, Opp.

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This is a short excerpt from the opening of “” by Unknown, quoted for review and introduction purposes. All rights belong to the copyright holders.

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