Analysing The Validity Of The Literal Rule Of Statutory Interpretation In Indian Judicial Reasoning
- IJLLR Journal
- 1 day ago
- 1 min read
Ms. Tisha Manek, SVKM’s Pravin Gandhi College of Law
ABSTRACT
The long-standing debate between judicial activism and the tendency of judges to go beyond the traditional scope of the constitution, as contrasted with a more “conservative,” strict and literal interpretation continues to shape contemporary discussions on the limits of judicial power and statutory interpretation. Both, the strengths and contradictions of the literal rule of statutory interpretation are explored through this paper as it contributes to broader debates on interpretive methodology and ultimately advocates for a nuanced and cautious exercise of judicial discretion. Arguments such as the inherent ambiguity of language, the evolving meanings of static terms, and legislative drafting errors are examined alongside a more orthodox but yet notable perspective of judicial bias and constitutionality. Drawing from prominent Indian jurisprudence, the paper interrogates the practical efficacy of the literal rule in the Indian context and argues that literalism, while theoretically ideal, is inadequate to meet the interpretive demands of India’s constitutional democracy.
