What are the differences between interpretation and construction in the legal context, and how do these two concepts relate to each other as per…
CA Intermediate · Corporate and Other Laws · MTP · January 2025
What are the differences between interpretation and construction in the legal context, and how do these two concepts relate to each other as per Interpretation of Statute?
Suggested Answer and Working Notes:
The two terms- ‘Interpretation' and 'Construction', are used interchangeably to denote a process adopted by the courts to ascertain the meaning of the legislature from the words with which it is expressed, these two terms have different connotations. Interpretation is the art of ascertaining the meaning of words and the true sense in which the author intended that they should be understood. Thus, where the Court adheres to the plain meaning of the language used by the legislature, it would be ‘interpretation' of the words, but where the meaning is not plain, the court has to decide whether the wording was meant to cover the situation before the court. Here, the court would be resorting to 'construction'. Conclusions drawn by means of construction are within the spirit though not necessarily within the letter of the law. In practice construction includes interpretation and the terms are frequently used synonymously.
Topics: Interpretation of Statutes
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