The Tiff between Intention of the Legislature and Judicial Interpretation in the Interpretation of Statutes.

Authors: Pragathi U Bhat, Student of Faculty of Law, PES University

Best Citation – Pragathi U Bhat, The Tiff between Intention of the Legislature and Judicial Interpretation in the Interpretation of Statutes, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 256-262, ISSN – 2583-2344.

Abstract:

The term legislation or statute is commonly defined as the will of the legislature that is backed by sanction and enacted by a competent authority. Interpretation of a statute is the process by which the meaning behind the legislature is sought. In countries that follow the doctrine of separation of powers, the rule of thumb is that the legislature makes the law and the judiciary administers the law and in doing so interprets the law. Over time, the Courts have devised various rules to guide the process of interpretation of legislations. The rule of giving effect to the intention of the legislature holds a significant position in the principles of interpretation of statutes. This rule entails that the interpretation should be such that it achieves the intention of the makers of the legislation. It is expected of the courts to enforce the intention with which the legislature was enacted. This paper aims to examine the principle of interpretation regarding the intention of the legislature. The paper seeks to highlight the defects of the principle of legislative intent and the need to eliminate the defects for efficient interpretation of statutes. Furthermore,the paper also aims to analyse the power of the principle of legislative intent in overriding the power of the judiciary to interpret laws.