Interpretation Of Procedural Statue

Rekha K. Shah, LLB, Thakur Ramnarayan College of Law, Mumbai

ABSTRACT

This article deals with the interpretation of procedural law by the Indian Courts. Procedural law is defined as the body of law that prescribes the steps to be taken in enforcing legal rights or the method by whichSubstantive Law is administered. In other words, the Procedural law as the name suggests lays down the procedural framework, the rules and regulations with which the substantive law will be enforced. However, to ensure the most effective allocation of judicial resources, procedural laws are created. All procedural laws are created in accordance with legal requirements. Procedural law is the body of law that governs the ways in which the substantive laws are to be administered; sometimes called adjective or remedial law. This is in contrast to substantive law, which refers to the actual laws by which a crime may be charged, or which govern how the facts of the case will be accepted and presented. Everything, from the investigation into a matter, through filing a civil lawsuit or criminal charges, through evidence gathering and sharing, and through the settlement process or trial must follow a specific procedure outlined by law. To ensure that every judicial action is as fair as possible, the procedural laws must be uniform in how cases are filed, parties are notified, evidence is presented, and the facts are established. Hence, it is conveniently be said that the procedural law which acts as the ‘machinery’ for enforcing rights and duties.

To ensure the effectiveness of the process of litigation and the reach out of fair justice to people at large, the appropriate interpretation of procedural law plays key role and the same can be achieved by applying the rule of liberal construction or harmonious construction that has been at times evidenced in various cases, wherever is the ambiguity, by Indian Courts.

Keywords: Welfare, Justice, Liberal, Construction, directory, administration of law