Principles Of Statutory Interpretation Gp: Singh High Quality
When a strictly literal reading leads to a manifest absurdity, injustice, or contradiction, the steps in.
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The book features an extensive analysis of provisos, clarifying that a proviso qualifies or creates an exception to the main enacting clause and should not be interpreted as an independent provision. principles of statutory interpretation gp singh high quality
In such cases, the court may modify the grammar or the meaning of words just enough to remedy the absurdity while staying as close as possible to the legislative intent. 3. The Mischief Rule (Heydon’s Case)
Judges must interpret the law as it is ( jus dicere ) and not make law ( jus dare ). The book warns against judicial overreach masquerading as interpretation. 2. The Primary Rules of Construction When a strictly literal reading leads to a
A proviso qualifies or creates an exception to the main enactment. G.P. Singh clarifies that a proviso cannot be interpreted as completely nullifying the main enacting clause.
: If a criminal provision is ambiguous, the interpretation that protects the liberty of the subject is preferred. Remedial and Welfare Legislation In such cases, the court may modify the
For example, Section 6 of the General Clauses Act deals with the effect of repeals, saving pending proceedings and accrued rights. Section 13A provides that the expression “affidavit” includes “affirmation and declaration”. Understanding these default rules is essential for correctly interpreting any central statute. Justice G. P. Singh’s commentary transforms what could be a dry statutory appendix into a practical and insightful guide.
If the words of a statute are precise and unambiguous, they must be given their natural, ordinary, and grammatical meaning.
Justice G.P. Singh categorizes interpretation into primary rules that dictate how a judge must initially approach a legislative text. The Literal Rule (Grammatical Construction)
