Professional Documents
Culture Documents
by
Abhishek Verma
ID No: 213058
On Interpretation of Statutes
In Chotilal Sowcar v. Jawanraj6, court while interpreting word suit under S.2 (1) of Usurious
Loans Act, 1918 took the liberal approach and held that so as to give relief from paying usurious
interest, it should be interpreted as including reference under s 30 of Land acquisition act, 1894.
While holding that, court relied on precedence that, where the statute by conferring propriety
rights on tiller of soil tends to benefit him, the relevant provisions should be interpreted to the
benefit of tiller.7
If we talk about RTI, it is not wholly remedial as some provisions of it are penal in nature also.
As penal statues cannot be interpreted liberally, they need to go through strict interpretation. As
RTI is partly remedial and partly penal it becomes difficult to apply a single canon of
construction, so emphasis should be given to intention of the legislature while interpreting its
provisions. Judiciary should keep in mind while interpreting RTI that the latent intention of the
legislature behind such enactment is to provide remedy to the aggrieved person but not to punish
a defaulting officer.
Another remedial statute, the Uttar Pradesh Debt Redemption Act 1940 should be constructed so
as to promote the object of the legislature which was kept in mind while enacting the statute. It
was held in B Chotey Lal v. Fazul Rahman Khan, wakf estate was entitled to get reductions in
local rate payable on the items of property on which no revenue was collected. This decision was
based on the liberal interpretation of Explanation II of definition of Agriculturist given under S
2(3) of the Uttar Pradesh Debt Redemption Act 1940, which included both landlord who actually
pays the land revenue as well as landlord who is assumed to pay land revenue.
IV.ANALYSIS OF CASES ON LIBERAL INTERPRETATION OF WELFARE
LEGISLATIONS
While interpreting the welfare legislations liberal approach is to be adopted and the expression
used in the welfare legislation should be given purposive construction. 12 All the welfare
legislations are for the promoting general welfare and protection of social and economic rights of
the citizens, so they should be given liberal and wide interpretation. 13 Industrial Dispute Act 1947
is a principle example of welfare statute and court in interpreting words like Workman and
Industry under this act has in many case laws has adopted liberal approach to satisfy the object
of this welfare legislations.
These words are essential in Industrial Dispute Act, hence need to be construed liberally. But
these definitions have been interpreted differently in many cases. Definition of industry is given
12 Nagpur District Central Co-operative Bank v. State of Maharashtra, 1987 Mah LJ 593
13 Akriti Shashni, Beneficial Interpretation in Welfare Legislation: Study of Judicial Decisions
in India 2-3 (SSRN, 2013)
held that Sundays must also be included as the Act is enacted to benefit of women worker so as
to provide wage for her dissipated energy, to nurture her child and to preserve her efficiency.18
In an another case19 of liberal interpretation given to a beneficial statute, Supreme Court
Interpreted Untoward Accident contained in S 123 (c) of Railways Act, 1989 to include
accidental falling of a passenger from a train carrying passengers. Supreme court considering it
as a beneficial legislation held that in spite of giving it a narrow interpretation which would only
include accident when the passenger was traveling in the train, it should be given a liberal
construction to include accidents caused while boarding a train to widen the scope of the
remedies that the statute intended to provide.
Juvenile Justice Act 2000 is another addition to the list of beneficial legislations. The earlier Act
of 1986 defined juvenile a person not having attained sixteen year of age in case of a boy, and a
person not having attained age of eighteen years in case of a girl. Act of 2000 replaced it defined
juvenile as a person who has not completed age of eighteen years of age. 20 When the issue came
before the court in the case of Pratap Singh v. State of Jharkhand21 court construed it liberally in
order to further the objectives of the enactment which were to provide care, protection and
rehabilitation to neglected and deviated juveniles. The act was remedial in nature and hence was
given liberal construction.
Resent Judgment of the Turf Club Ltd. v. Regional Director, Employees State Insurance
Corporation22 witnessed liberal construction of ESIC Act on beneficial grounds.
18 B. Shah v. Presiding officer, Labour court, AIR 1978 SC 12.
21 Id.
22 The Bangalore Turf Club Ltd. Vs. Regional Director, Employees State Insurance Corporation Civil
Appeal Nos. 2416 of 2003, 49 and 1575/2006, 3421, 3422 and 6212/2012
should be construed liberally in case of doubt, but this Act also creates restriction that benefit
under this can be enjoyed if the statutory provisions under this are strictly complied with.28
VI.CONCLUSION
While construing the statutes, the interpretation which advance the object of the law enacted
should be resorted to. Aim behind liberal construction has always been to safeguard the interest
of the people by safeguarding their socio-economic rights. Welfare statutes should be given
widest possible interpretation and not to narrow it down so as to defeat the ulterior intention of
the legislature. With the evolution of the societal living standards and hence their right, principle
of strict and narrow jacket legislation is no more followed. Liberal construction of statutes has
made the justice system more progressive.
VII.BOBLIOGRAPHY
BOOKS
1. Jayashree Palande, Reflections on the Reflected 112 (2007)
2. M N Rao, Amita Dhanda, N S Bindras Interpretation of Statues 342 (2007)
28 Nasir Uddin v Sita Ram, (2003) 2 SCC 577
STATUTES
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INTERNET RESOURCES
1. Lawyers Club India, Interpretation of Statutes, available at
http://www.lawyersclubindia.com/articles/Interpretation-of-Statute-5430.asp
Working papers
1.
Akriti Shashni, Beneficial Interpretation in Welfare Legislation: Study of Judicial Decisions in India
(SSRN, 2013)